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[House Report 112-397]
[From the U.S. Government Publishing Office]

112th Congress
 2d Session            HOUSE OF REPRESENTATIVES             Report
                                                           112-397
_______________________________________________________________________
 
          AMERICAN ENERGY AND INFRASTRUCTURE JOBS ACT OF 2012

                               ----------                              

                              R E P O R T

                                 of the

             COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE

                             together with

                            DISSENTING VIEWS

                         [to accompany h.r. 7]

 February 13, 2012.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed
          AMERICAN ENERGY AND INFRASTRUCTURE JOBS ACT OF 2012
112th Congress 
 2d Session             HOUSE OF REPRESENTATIVES                 Report
                                                                112-397
_______________________________________________________________________

                                     

          AMERICAN ENERGY AND INFRASTRUCTURE JOBS ACT OF 2012

                               __________

                              R E P O R T

                                 of the

             COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE

                             together with

                            DISSENTING VIEWS

                         [to accompany h.r. 7]

 February 13, 2012.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed
112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-397

======================================================================

          AMERICAN ENERGY AND INFRASTRUCTURE JOBS ACT OF 2012

                                _______
                                

 February 13, 2012.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Mica, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                         [To accompany H.R. 7]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 7) to authorize funds for Federal-
aid highway, public transportation, and highway and motor 
carrier safety programs, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of the Legislation and Summary...........................   225
Background and Need for the Legislation..........................   225
Legislative History..............................................   233
Hearings.........................................................   236
Committee Consideration..........................................   237
Committee Votes..................................................   237
Committee Oversight Findings.....................................   257
New Budget Authority and Tax Expenditures........................   257
Congressional Budget Office Cost Estimate........................   257
Performance Goals and Objectives.................................   265
Advisory on Earmarks.............................................   265
Section-by-Section Analysis......................................   265
Changes in Existing Law Made by the Bill, as Reported............   343
Disenting Views..................................................   958

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``American Energy 
  and Infrastructure Jobs Act of 2012''.
  (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. General definitions.
Sec. 3. Effective date.

                     TITLE I--FEDERAL-AID HIGHWAYS

Sec. 1001. Amendments to title 23, United States Code.

                 Subtitle A--Authorization of Programs

Sec. 1101. Authorization of appropriations.
Sec. 1102. Highway obligation ceiling.
Sec. 1103. Alternative Transportation Account obligation ceiling.
Sec. 1104. Apportionment.
Sec. 1105. Federal-aid systems.
Sec. 1106. National Highway System program.
Sec. 1107. Surface transportation program.
Sec. 1108. Congestion mitigation and air quality improvement program.
Sec. 1109. Equity bonus program.
Sec. 1110. Project approval and oversight.
Sec. 1111. Emergency relief.
Sec. 1112. Uniform transferability of Federal-aid highway funds.
Sec. 1113. Ferry boats and ferry terminal facilities.
Sec. 1114. National highway bridge and tunnel inventory and inspection 
program.
Sec. 1115. Minimum investment in highway bridges.
Sec. 1116. Minimum penalties for repeat offenders for driving while 
intoxicated or driving under the influence.
Sec. 1117. Puerto Rico highway program.
Sec. 1118. Appalachian development highway system.
Sec. 1119. References to Mass Transit Account.

                    Subtitle B--Innovative Financing

Sec. 1201. Transportation infrastructure finance and innovation.
Sec. 1202. State infrastructure bank program.
Sec. 1203. State infrastructure bank capitalization.
Sec. 1204. Tolling.
Sec. 1205. HOV facilities.
Sec. 1206. Public-private partnerships.

                       Subtitle C--Highway Safety

Sec. 1301. Highway safety improvement program.
Sec. 1302. Railway-highway crossings.
Sec. 1303. Highway worker safety.

                      Subtitle D--Freight Mobility

Sec. 1401. National freight policy.
Sec. 1402. State freight advisory committees.
Sec. 1403. State freight plans.
Sec. 1404. Trucking productivity.
Sec. 1405. Study with respect to truck sizes and weights.
Sec. 1406. Maximum weight increase for idle reduction technology on 
heavy duty vehicles.

          Subtitle E--Federal Lands and Tribal Transportation

Sec. 1501. Federal lands and tribal transportation programs.
Sec. 1502. Definitions.
Sec. 1503. Conforming amendments.
Sec. 1504. Repeals; effective date.
Sec. 1505. Clerical amendment.
Sec. 1506. Tribal transportation self-governance program.

           Subtitle F--Program Elimination and Consolidation

Sec. 1601. Program elimination and consolidation.

                       Subtitle G--Miscellaneous

Sec. 1701. Transportation enhancement activity defined.
Sec. 1702. Pavement markings.
Sec. 1703. Rest areas.
Sec. 1704. Justification reports for access points on the Interstate 
System.
Sec. 1705. Patented or proprietary items.
Sec. 1706. Preventive maintenance.
Sec. 1707. Mapping.
Sec. 1708. Funding flexibility for transportation emergencies.
Sec. 1709. Budget justification.
Sec. 1710. Extension of over-the-road bus and public transit vehicle 
exemption from axle weight restrictions.
Sec. 1711. Repeal of requirement for Interstate System designation.
Sec. 1712. Retroreflectivity.
Sec. 1713. Engineering judgment.
Sec. 1714. Evacuation routes.
Sec. 1715. Truck parking.
Sec. 1716. Use of certain administrative expenses.
Sec. 1717. Transportation training and employment programs.
Sec. 1718. Engineering and design services.
Sec. 1719. Notice of certain grant awards.
Sec. 1720. Miscellaneous parking amendments.
Sec. 1721. Highway Buy America provisions.
Sec. 1722. Veterans preference in highway construction.
Sec. 1723. Real-time ridesharing.
Sec. 1724. State autonomy for culvert pipe selection.
Sec. 1725. Equal opportunity assessment.

                    TITLE II--PUBLIC TRANSPORTATION

Sec. 2001. Short title; amendments to title 49, United States Code.
Sec. 2002. Definitions.
Sec. 2003. Planning programs.
Sec. 2004. Private enterprise participation.
Sec. 2005. Urbanized area formula grants.
Sec. 2006. Capital investment grants.
Sec. 2007. Bus and bus facilities formula grants.
Sec. 2008. Rural area formula grants.
Sec. 2009. Transit research.
Sec. 2010. Coordinated access and mobility program formula grants.
Sec. 2011. Training and technical assistance programs.
Sec. 2012. General provisions.
Sec. 2013. Contract requirements.
Sec. 2014. Veterans preference in transit construction.
Sec. 2015. Private sector participation.
Sec. 2016. Project management oversight.
Sec. 2017. State safety oversight.
Sec. 2018. Apportionment of appropriations for formula grants.
Sec. 2019. Fixed guideway modernization formula grants.
Sec. 2020. Authorizations.
Sec. 2021. Obligation limits.
Sec. 2022. Program elimination and consolidation.
Sec. 2023. Evaluation and report.
Sec. 2024. Transit Buy America provisions.

                 TITLE III--ENVIRONMENTAL STREAMLINING

Sec. 3001. Amendments to title 23, United States Code.
Sec. 3002. Declaration of policy.
Sec. 3003. Exemption in emergencies.
Sec. 3004. Advance acquisition of real property interests.
Sec. 3005. Standards.
Sec. 3006. Letting of contracts.
Sec. 3007. Elimination of duplication in historic preservation 
requirements.
Sec. 3008. Funding threshold.
Sec. 3009. Efficient environmental reviews for project decisionmaking.
Sec. 3010. Disposal of historic properties.
Sec. 3011. Integration of planning and environmental review.
Sec. 3012. Development of programmatic mitigation plans.
Sec. 3013. State assumption of responsibility for categorical 
exclusions.
Sec. 3014. Surface transportation project delivery program.
Sec. 3015. Program for eliminating duplication of environmental 
reviews.
Sec. 3016. State performance of legal sufficiency reviews.
Sec. 3017. Categorical exclusions.
Sec. 3018. Environmental review process deadline.
Sec. 3019. Relocation assistance.

                   TITLE IV--TRANSPORTATION PLANNING

Sec. 4001. Transportation planning.
Sec. 4002. Special rules for small metropolitan planning organizations.
Sec. 4003. Financial plans.
Sec. 4004. Plan update.
Sec. 4005. State planning and research funding for title 23.
Sec. 4006. National Academy of Sciences study.
Sec. 4007. Congestion relief.

                        TITLE V--HIGHWAY SAFETY

Sec. 5001. Amendments to title 23, United States Code.
Sec. 5002. Authorization of appropriations.
Sec. 5003. Highway safety programs.
Sec. 5004. Use of certain funds made available for administrative 
expenses.
Sec. 5005. Repeal of programs.
Sec. 5006. Discovery and admission as evidence of certain reports and 
surveys.
Sec. 5007. Prohibition on funds to check helmet usage or create 
checkpoints for a motorcycle driver or passenger.
Sec. 5008. National Driver Register.

               TITLE VI--COMMERCIAL MOTOR VEHICLE SAFETY

Sec. 6001. Short title.
Sec. 6002. Amendments to title 49, United States Code.

              Subtitle A--Authorization of Appropriations

Sec. 6101. Motor carrier safety grants.
Sec. 6102. Grant programs.

                        Subtitle B--Registration

Sec. 6201. Registration requirements.
Sec. 6202. Motor carrier registration.
Sec. 6203. Registration of freight forwarders and brokers.
Sec. 6204. Effective periods of registration.
Sec. 6205. Reincarnated carriers.
Sec. 6206. Financial security of brokers and freight forwarders.
Sec. 6207. Registration fee system.
Sec. 6208. Unlawful brokerage activities.
Sec. 6209. Requirement for registration and USDOT number.

              Subtitle C--Commercial Motor Vehicle Safety

Sec. 6301. Motor carrier safety assistance program.
Sec. 6302. Performance and registration information systems management 
program.
Sec. 6303. Commercial vehicle information systems and networks 
deployment grants.
Sec. 6304. Commercial motor vehicle safety inspection programs.
Sec. 6305. Amendments to safety fitness determination.
Sec. 6306. New entrant carriers.
Sec. 6307. Improved oversight of motor carriers of passengers.
Sec. 6308. Driver medical qualifications.
Sec. 6309. Commercial motor vehicle safety standards.
Sec. 6310. Crash avoidance technology.
Sec. 6311. Expansion of collision mitigation study.

             Subtitle D--Commercial Motor Vehicle Operators

Sec. 6401. National clearinghouse for records relating to alcohol and 
controlled substances testing of commercial motor vehicle operators.
Sec. 6402. Commercial motor vehicle operator training.
Sec. 6403. Commercial driver's license program.
Sec. 6404. Commercial driver's license passenger endorsement 
requirements.
Sec. 6405. Commercial driver's license hazardous materials endorsement 
exemption.
Sec. 6406. Program to assist veterans to acquire commercial driver's 
licenses.

                    Subtitle E--Motor Carrier Safety

Sec. 6501. Motor carrier transportation.
Sec. 6502. Hours of service study.
Sec. 6503. Electronic logging devices.
Sec. 6504. Motor Carrier Safety Advisory Committee.
Sec. 6505. Transportation of agricultural commodities and farm 
supplies.
Sec. 6506. Exemption relating to transportation of grapes during 
harvest periods.

                       Subtitle F--Miscellaneous

Sec. 6601. Exemptions from requirements for certain farm vehicles.
Sec. 6602. Technical correction.
Sec. 6603. Study of impact of regulations on small trucking companies.
Sec. 6604. Report on small trucking companies.
Sec. 6605. Rulemaking on road visibility of agricultural equipment.
Sec. 6606. Transportation of horses.
Sec. 6607. Regulatory review and revision.
Sec. 6608. Issuance of safety regulations.
Sec. 6609. Repeals.

                   TITLE VII--RESEARCH AND EDUCATION

Sec. 7001. Authorization of appropriations.
Sec. 7002. Obligation ceiling.
Sec. 7003. Definitions.
Sec. 7004. Surface transportation research, development, and 
technology.
Sec. 7005. Research and development.
Sec. 7006. Technology and innovation deployment program.
Sec. 7007. Training and education.
Sec. 7008. State planning and research.
Sec. 7009. International highway transportation outreach program.
Sec. 7010. Surface transportation-environmental cooperative research 
program.
Sec. 7011. Transportation research and development strategic planning.
Sec. 7012. National cooperative freight transportation research 
program.
Sec. 7013. Future strategic highway research program.
Sec. 7014. National intelligent transportation systems program plan.
Sec. 7015. Use of funds for intelligent transportation systems 
activities.
Sec. 7016. Intelligent transportation systems program goals and 
purposes.
Sec. 7017. Intelligent transportation systems program general 
authorities and requirements.
Sec. 7018. Intelligent transportation systems research and development.
Sec. 7019. Intelligent transportation systems national architecture and 
standards.
Sec. 7020. National university transportation centers.
Sec. 7021. University transportation research.
Sec. 7022. Bureau of Transportation Statistics.
Sec. 7023. Administrative authority.
Sec. 7024. Technical and conforming amendments.

                         TITLE VIII--RAILROADS

  Subtitle A--Repeals and Reforms of Intercity Passenger Rail Capital 
                             Grant Programs

Sec. 8001. Capital grants for Class II and Class III railroads.
Sec. 8002. Congestion grants.
Sec. 8003. Intercity passenger rail capital grants to States.

                       Subtitle B--Amtrak Reforms

Sec. 8101. Authorization for Amtrak operating expenses.
Sec. 8102. Limitations on Amtrak authority.
Sec. 8103. Applicability of laws.
Sec. 8104. Inspector General of Amtrak.
Sec. 8105. Amtrak management accountability.
Sec. 8106. Amtrak food and beverage service.
Sec. 8107. Application of Buy America to Amtrak.

               Subtitle C--Project Development and Review

Sec. 8201. Project development and review.

     Subtitle D--Railroad Rehabilitation and Improvement Financing

Sec. 8301. Railroad rehabilitation and improvement financing.

                   Subtitle E--Positive Train Control

Sec. 8401. Positive train control.

                     Subtitle F--Regulatory Reform

Sec. 8501. Federal Railroad Administration regulations.

                   Subtitle G--Technical Corrections

Sec. 8601. Miscellaneous corrections, revisions, and repeals.

                       Subtitle H--Miscellaneous

Sec. 8701. Application of Buy America to intercity passenger rail 
service corridors.
Sec. 8702. Prohibition on use of funds for California high-speed rail.
Sec. 8703. Disadvantaged business enterprises.

              TITLE IX--HAZARDOUS MATERIAL TRANSPORTATION

Sec. 9001. Short title.
Sec. 9002. Amendment of title 49, United States Code.
Sec. 9003. Findings.
Sec. 9004. Purposes.
Sec. 9005. Definitions.
Sec. 9006. General regulatory authority.
Sec. 9007. Inspections of motor vehicles transporting radioactive 
material.
Sec. 9008. Hazmat employee training requirements and grants.
Sec. 9009. Fees.
Sec. 9010. Motor carrier safety permits.
Sec. 9011. Planning and training grants, monitoring, and review.
Sec. 9012. Special permits and exclusions.
Sec. 9013. Hazardous material uniform motor carrier permit program.
Sec. 9014. International uniformity of standards and requirements.
Sec. 9015. Investigations.
Sec. 9016. Building partnerships for improved safety and system 
performance.
Sec. 9017. Safety reporting.
Sec. 9018. Civil penalties.
Sec. 9019. Preemption.
Sec. 9020. Authorization of appropriations.
Sec. 9021. Electronic shipping papers pilot program.
Sec. 9022. Wetlines.
Sec. 9023. Product study.

                   TITLE X--WATERBORNE TRANSPORTATION

Sec. 10001. Sense of Congress on harbor maintenance.
Sec. 10002. Study and report on strategic ports.

TITLE XI--REAUTHORIZATION AND AMENDMENTS TO THE SPORT FISH RESTORATION 
                         AND BOATING TRUST FUND

Sec. 11001. Short title.
Sec. 11002. Reauthorization and amendments to the Sport Fish 
Restoration and Boating Trust Fund.

        TITLE XII--EXTENSION OF SURFACE TRANSPORTATION PROGRAMS

Sec. 12001. Short title; effective date.

                    Subtitle A--Federal-Aid Highways

Sec. 12101. Extension of Federal-aid highway programs.

            Subtitle B--Extension of Highway Safety Programs

Sec. 12201. Extension of National Highway Traffic Safety Administration 
highway safety programs.
Sec. 12202. Extension of Federal Motor Carrier Safety Administration 
programs.
Sec. 12203. Additional programs.

               Subtitle C--Public Transportation Programs

Sec. 12301. Allocation of funds for planning programs.
Sec. 12302. Special rule for urbanized area formula grants.
Sec. 12303. Allocating amounts for capital investment grants.
Sec. 12304. Apportionment of formula grants for other than urbanized 
areas.
Sec. 12305. Apportionment based on fixed guideway factors.
Sec. 12306. Authorizations for public transportation.
Sec. 12307. Amendments to SAFETEA-LU.

            TITLE XIII--ADDITIONAL TRANSPORTATION PROVISIONS

Sec. 13001. Audit of Union Station Redevelopment Corporation.
Sec. 13002. Prohibition on use of funds.

SEC. 2. GENERAL DEFINITIONS.

  In titles I through XIII of 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.

SEC. 3. EFFECTIVE DATE.

  Except as otherwise expressly provided, titles I through VII of this 
Act, including the amendments made by those titles, shall take effect 
on October 1, 2012.

                     TITLE I--FEDERAL-AID HIGHWAYS

SEC. 1001. AMENDMENTS TO TITLE 23, UNITED STATES CODE.

  Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 23, 
United States Code.

                 Subtitle A--Authorization of Programs

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

  (a) Highway Trust Fund.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Alternative 
Transportation Account):
          (1) National highway system program.--For the National 
        Highway System program under section 119 of title 23, United 
        States Code--
                  (A) $17,400,000,000 for fiscal year 2013;
                  (B) $17,600,000,000 for fiscal year 2014;
                  (C) $17,600,000,000 for fiscal year 2015; and
                  (D) $17,750,000,000 for fiscal year 2016.
          (2) Surface transportation program.--For the surface 
        transportation program under section 133 of title 23, United 
        States Code--
                  (A) $10,500,000,000 for fiscal year 2013;
                  (B) $10,550,000,000 for fiscal year 2014;
                  (C) $10,600,000,000 for fiscal year 2015; and
                  (D) $10,750,000,000 for fiscal year 2016.
          (3) Highway safety improvement program.--For the highway 
        safety improvement program under section 148 of title 23, 
        United States Code--
                  (A) $2,600,000,000 for fiscal year 2013;
                  (B) $2,605,000,000 for fiscal year 2014;
                  (C) $2,610,000,000 for fiscal year 2015; and
                  (D) $2,630,000,000 for fiscal year 2016.
          (4) Tribal transportation program.--For the tribal 
        transportation program under section 202 of title 23, United 
        States Code, $465,000,000 for each of fiscal years 2013 through 
        2016.
          (5) Federal lands transportation program.--For the Federal 
        lands transportation program under section 203 of title 23, 
        United States Code, $535,000,000 for each of fiscal years 2013 
        through 2016.
          (6) Recreational trails program.--For the recreational trails 
        program under section 206 of title 23, United States Code, 
        $85,000,000 for each of fiscal years 2013 through 2016.
          (7) Appalachian development highway system program.--For the 
        Appalachian development highway system program under section 
        14501 of title 40, United States Code, $470,000,000 for each of 
        fiscal years 2013 through 2016.
  (b) Alternative Transportation Account.--The following sums are 
authorized to be appropriated out of the Alternative Transportation 
Account of the Highway Trust Fund:
          (1) Congestion mitigation and air quality improvement 
        program.--For the congestion mitigation and air quality 
        improvement program under section 149 of title 23, United 
        States Code, $2,000,000,000 for each of fiscal years 2013 
        through 2016.
          (2) Ferry boat and ferry terminal facilities program.--For 
        the ferry boat and ferry terminal facilities program under 
        section 147 of title 23, United States Code, $67,000,000 for 
        each of fiscal years 2013 through 2016.
          (3) Puerto rico highway program.--For the Puerto Rico highway 
        program under section 165 of title 23, United States Code, 
        $150,000,000 for each of fiscal years 2013 through 2016.
          (4) Territorial highway program.--For the territorial highway 
        program under section 215 of title 23, United States Code, 
        $50,000,000 for each of fiscal years 2013 through 2016.
  (c) Disadvantaged Business Enterprises.--
          (1) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Small business concern.--
                          (i) In general.--The term ``small business 
                        concern'' means a small business concern (as 
                        the term is used in section 3 of the Small 
                        Business Act (15 U.S.C. 632)).
                          (ii) Exclusions.--The term ``small business 
                        concern'' does not include any concern or group 
                        of concerns controlled by the same socially and 
                        economically disadvantaged individual or 
                        individuals that have average annual gross 
                        receipts during the preceding 3 fiscal years in 
                        excess of $22,410,000, as adjusted annually by 
                        the Secretary for inflation.
                  (B) Socially and economically disadvantaged 
                individuals.--The term ``socially and economically 
                disadvantaged individuals'' means--
                          (i) women; and
                          (ii) any other socially and economically 
                        disadvantaged individuals (as the term is used 
                        in section 8(d) of the Small Business Act (15 
                        U.S.C. 637(d)) and relevant subcontracting 
                        regulations promulgated pursuant to that Act).
          (2) Amounts for small business concerns.--Except to the 
        extent that the Secretary determines otherwise, not less than 
        10 percent of the amounts made available for any program under 
        titles I, II, and VII of this Act and section 403(a) of title 
        23, United States Code, shall be expended through small 
        business concerns owned and controlled by socially and 
        economically disadvantaged individuals.
          (3) Annual listing of disadvantaged business enterprises.--
        Each State shall annually--
                  (A) survey and compile a list of the small business 
                concerns referred to in paragraph (2) in the State, 
                including the location of the small business concerns 
                in the State; and
                  (B) notify the Secretary, in writing, of the 
                percentage of the small business concerns that are 
                controlled by--
                          (i) women;
                          (ii) socially and economically disadvantaged 
                        individuals (other than women); and
                          (iii) individuals who are women and are 
                        otherwise socially and economically 
                        disadvantaged individuals.
          (4) Uniform certification.--
                  (A) In general.--The Secretary shall establish 
                minimum uniform criteria for use by State governments 
                in certifying whether a concern qualifies as a small 
                business concern for the purpose of this subsection.
                  (B) Inclusions.--The minimum uniform criteria 
                established under subparagraph (A) shall include, with 
                respect to a potential small business concern--
                          (i) on-site visits;
                          (ii) personal interviews with personnel;
                          (iii) issuance or inspection of licenses;
                          (iv) analyses of stock ownership;
                          (v) listings of equipment;
                          (vi) analyses of bonding capacity;
                          (vii) listings of work completed;
                          (viii) examination of the resumes of 
                        principal owners;
                          (ix) analyses of financial capacity; and
                          (x) analyses of the type of work preferred.
          (5) Reporting.--The Secretary shall establish minimum 
        requirements for use by State governments in reporting to the 
        Secretary--
                  (A) information concerning disadvantaged business 
                enterprise awards, commitments, and achievements; and
                  (B) such other information as the Secretary 
                determines to be appropriate for the proper monitoring 
                of the disadvantaged business enterprise program.
          (6) Compliance with court orders.--Nothing in this subsection 
        limits the eligibility of an individual or entity to receive 
        funds made available under titles I, II, and VII of this Act 
        and section 403(a) of title 23, United States Code, if the 
        entity or person is prevented, in whole or in part, from 
        complying with paragraph (2) because a Federal court issues a 
        final order in which the court finds that a requirement or the 
        implementation of paragraph (2) is unconstitutional.

SEC. 1102. HIGHWAY OBLIGATION CEILING.

  (a) General Limitation.--Subject to subsection (f), and 
notwithstanding any other provision of law, the obligations for 
Federal-aid highway and highway safety construction programs authorized 
from the Highway Trust Fund (other than the Alternative Transportation 
Account) shall not exceed--
          (1) $37,366,000,000 for fiscal year 2013;
          (2) $37,621,000,000 for fiscal year 2014;
          (3) $37,676,000,000 for fiscal year 2015; and
          (4) $38,000,000,000 for fiscal year 2016.
  (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 (Public 
        Law 97-134; 95 Stat. 1701);
          (4) subsections (b) and (j) of section 131 of the Surface 
        Transportation Assistance Act of 1982 (Public Law 97-424; 96 
        Stat. 2119);
          (5) subsections (b) and (c) of section 149 of the Surface 
        Transportation and Uniform Relocation Assistance Act of 1987 
        (Public Law 100-17; 101 Stat. 198);
          (6) sections 1103 through 1108 of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (Public Law 102-240; 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 (Public Law 105-178; 112 Stat. 107) or 
        subsequent public laws for multiple years or to remain 
        available until used, but only to the extent that the 
        obligation authority has not lapsed or been used;
          (10) section 105 of title 23, United States Code (as in 
        effect for fiscal years 2005 through 2012, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
          (11) section 1603 of SAFETEA-LU (Public Law 109-59; 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 105 of title 23, United States Code (as in 
        effect for fiscal years 2013 through 2016, but only in an 
        amount equal to $639,000,000 for each of such fiscal years).
  (c) Distribution of Obligation Authority.--For each of fiscal years 
2013 through 2016, the Secretary--
          (1) shall not distribute obligation authority provided by 
        subsection (a) for the fiscal year for amounts authorized for 
        administrative expenses and programs by section 104(a) of title 
        23, United States Code;
          (2) shall not distribute an amount of obligation authority 
        provided by subsection (a) that is equal to the unobligated 
        balance of amounts made available 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 ratio 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); bears to
                  (B) the total of the sums authorized to be 
                appropriated for 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 105 of title 
                23, United States Code, equal to the amount referred to 
                in subsection (b)(12) for the fiscal year), less the 
                aggregate of amounts not distributed under paragraphs 
                (1) and (2);
          (4)(A) shall distribute the obligation authority provided by 
        subsection (a) less the aggregate of amounts not distributed 
        under paragraphs (1) and (2), for section 14501 of title 40, 
        United States Code, so that the amount of obligation authority 
        available for that section is equal to the amount determined by 
        multiplying--
                  (i) the ratio determined under paragraph (3); by
                  (ii) the sums authorized to be appropriated for that 
                section for the fiscal year; and
          (B) shall distribute $2,000,000,000 for section 105 of title 
        23, United States Code;
          (5) shall distribute among the States 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 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 ratio determined under paragraph (3); by
                  (B) the amounts authorized to be appropriated for 
                each such program for the fiscal year; and
          (6) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate of amounts not distributed 
        under paragraphs (1) and (2) and the aggregate of amounts 
        distributed under paragraphs (4) and (5), for Federal-aid 
        highway and highway safety construction programs (other than 
        the amounts apportioned for the equity bonus program, but only 
        to the extent that the amounts apportioned for the equity bonus 
        program for the fiscal year are greater than $2,639,000,000, 
        and the Appalachian development highway system program) that 
        are apportioned by the Secretary under this Act and title 23, 
        United States Code, in the ratio that--
                  (A) amounts authorized to be appropriated for the 
                programs that are apportioned to each State for the 
                fiscal year; bear to
                  (B) the total of the amounts authorized to be 
                appropriated for the programs that are apportioned 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 2013 through 2016--
          (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 section 
        104 of title 23, United States Code, and section 144 of such 
        title (as in effect on the day before the date of enactment of 
        this Act).
  (e) 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 2013 through 2016, 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, 
                in the fiscal year due to the imposition of any 
                obligation limitation for the fiscal year.
          (2) Ratio.--Funds shall be distributed under paragraph (1) in 
        the same ratio as the distribution of obligation authority 
        under subsection (c)(6).
          (3) Availability.--Funds distributed under paragraph (1) 
        shall be available for any purpose described in section 133(b) 
        of title 23, United States Code.
  (f) Special Limitation Characteristics.--Obligation authority 
distributed for a fiscal year under subsection (c)(4) for the provision 
specified in subsection (c)(4) shall--
          (1) remain available until used for obligation of funds for 
        that provision; and
          (2) 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.

SEC. 1103. ALTERNATIVE TRANSPORTATION ACCOUNT OBLIGATION CEILING.

  (a) In General.--Notwithstanding any other provision of law, the 
total of all obligations from amounts made available from the 
Alternative Transportation Account of the Highway Trust Fund for the 
programs for which sums are authorized to be appropriated under 
sections 1101(b) and 7001(a) of this Act shall not exceed 
$2,707,000,000 for each of fiscal years 2013 through 2016.
  (b) Availability of Funds.--Section 118(a) is amended--
          (1) by striking ``Mass Transit Account'' and inserting 
        ``Alternative Transportation Account''; and
          (2) by inserting ``, and amounts made available from the 
        Alternative Transportation Account to carry out the congestion 
        mitigation and air quality improvement program under section 
        149, the ferry boat and ferry terminal facilities program under 
        section 147, the Puerto Rico highway program under section 165, 
        and the territorial highway program under section 215,'' before 
        ``shall be available''.

SEC. 1104. APPORTIONMENT.

  Section 104 is amended to read as follows:

``Sec. 104. Apportionment

  ``(a) Administrative Expenses.--
          ``(1) In general.--There is authorized to be appropriated 
        from the Highway Trust Fund (other than the Alternative 
        Transportation Account) to be made available to the Secretary 
        for administrative expenses of the Federal Highway 
        Administration $400,000,000 for each of fiscal years 2013 
        through 2016.
          ``(2) Purposes.--The funds made available under paragraph (1) 
        shall be used--
                  ``(A) to administer the provisions of law to be 
                financed from appropriations for the Federal-aid 
                highway program and programs authorized under chapter 
                2; and
                  ``(B) to make transfers of such sums as the Secretary 
                determines to be appropriate to the Appalachian 
                Regional Commission for administrative activities 
                associated with the Appalachian development highway 
                system.
          ``(3) Availability.--Funds made available under paragraph (1) 
        shall remain available until expended.
  ``(b) Apportionments.--On October 1 of each fiscal year, the 
Secretary, after making the set-asides authorized by subsection (f), 
subsections (b) and (c) of section 140, and section 130(e), shall 
apportion the remainder of the sums authorized to be appropriated for 
expenditure on the National Highway System program, the congestion 
mitigation and air quality improvement program, the surface 
transportation program, and the highway safety improvement program 
among the several States in the following manner:
          ``(1) National highway system program.--
                  ``(A) In general.--For the National Highway System 
                program, in accordance with the following formula:
                          ``(i) 15 percent of the apportionments in the 
                        ratio that--
                                  ``(I) the total lane miles of 
                                principal arterial routes (excluding 
                                Interstate System routes) in each 
                                State; bears to
                                  ``(II) the total lane miles of 
                                principal arterial routes (excluding 
                                Interstate System routes) in all 
                                States.
                          ``(ii) 15 percent of the apportionments in 
                        the ratio that--
                                  ``(I) the total vehicle miles 
                                traveled on lanes on principal arterial 
                                routes (excluding Interstate System 
                                routes) in each State; bears to
                                  ``(II) the total vehicle miles 
                                traveled on lanes on principal arterial 
                                routes (excluding Interstate System 
                                routes) in all States.
                          ``(iii) 5 percent of the apportionments in 
                        the ratio that--
                                  ``(I) the quotient obtained by 
                                dividing the total lane miles on 
                                principal arterial highways in each 
                                State by the total population of the 
                                State; bears to
                                  ``(II) the quotient obtained by 
                                dividing the total lane miles on 
                                principal arterial highways in all 
                                States by the total population of all 
                                States.
                          ``(iv) 15 percent of the apportionments in 
                        the ratio that--
                                  ``(I) the total lane miles on 
                                Interstate System routes open to 
                                traffic in each State; bears to
                                  ``(II) the total lane miles on 
                                Interstate System routes open to 
                                traffic in all States.
                          ``(v) 15 percent of the apportionments in the 
                        ratio that--
                                  ``(I) the total vehicle miles 
                                traveled on Interstate System routes 
                                open to traffic in each State; bears to
                                  ``(II) the total vehicle miles 
                                traveled on Interstate System routes 
                                open to traffic in all States.
                          ``(vi) 35 percent of the apportionments in 
                        the ratio that--
                                  ``(I) the total of the annual 
                                contributions to the Highway Trust Fund 
                                (other than the Alternative 
                                Transportation Account) attributable to 
                                commercial vehicles in each State; 
                                bears to
                                  ``(II) the total of the annual 
                                contributions to the Highway Trust Fund 
                                (other than the Alternative 
                                Transportation Account) attributable to 
                                commercial vehicles in all States.
                  ``(B) Minimum apportionment.--Notwithstanding 
                subparagraph (A), each State shall receive a minimum of 
                \1/2\ of 1 percent of the funds apportioned for a 
                fiscal year under this paragraph.
          ``(2) Congestion mitigation and air quality improvement 
        program.--
                  ``(A) In general.--For the congestion mitigation and 
                air quality improvement program, in the ratio that--
                          ``(i) the total of all weighted nonattainment 
                        and maintenance area populations in each State; 
                        bears to
                          ``(ii) the total of all weighted 
                        nonattainment and maintenance area populations 
                        in all States.
                  ``(B) Calculation of weighted nonattainment and 
                maintenance area population.--Subject to subparagraph 
                (C), for the purpose of subparagraph (A), the weighted 
                nonattainment and maintenance area population shall be 
                calculated by multiplying the population of each area 
                in a State that was a nonattainment area or maintenance 
                area as described in section 149(b) for ozone or carbon 
                monoxide by a factor of--
                          ``(i) 1.0 if, at the time of the 
                        apportionment, the area is a maintenance area;
                          ``(ii) 1.0 if, at the time of the 
                        apportionment, the area is classified as a 
                        marginal ozone nonattainment area under subpart 
                        2 of part D of title I of the Clean Air Act (42 
                        U.S.C. 7511 et seq.);
                          ``(iii) 1.1 if, at the time of the 
                        apportionment, the area is classified as a 
                        moderate ozone nonattainment area under such 
                        subpart;
                          ``(iv) 1.2 if, at the time of the 
                        apportionment, the area is classified as a 
                        serious ozone nonattainment area under such 
                        subpart;
                          ``(v) 1.3 if, at the time of the 
                        apportionment, the area is classified as a 
                        severe ozone nonattainment area under such 
                        subpart;
                          ``(vi) 1.4 if, at the time of the 
                        apportionment, the area is classified as an 
                        extreme ozone nonattainment area under such 
                        subpart;
                          ``(vii) 1.0 if, at the time of the 
                        apportionment, the area is not a nonattainment 
                        or maintenance area as described in section 
                        149(b) for ozone, but is classified under 
                        subpart 3 of part D of title I of such Act (42 
                        U.S.C. 7512 et seq.) as a nonattainment area 
                        described in section 149(b) for carbon 
                        monoxide; or
                          ``(viii) 1.0 if, at the time of the 
                        apportionment, an area is designated as 
                        nonattainment for ozone under subpart 1 of part 
                        D of title I of such Act (42 U.S.C. 7501 et 
                        seq.).
                  ``(C) Additional adjustment for carbon monoxide 
                areas.--If, in addition to being designated as a 
                nonattainment or maintenance area for ozone as 
                described in section 149(b), any county within the area 
                was also classified under subpart 3 of part D of title 
                I of the Clean Air Act (42 U.S.C. 7512 et seq.) as a 
                nonattainment or maintenance area described in section 
                149(b) for carbon monoxide, the weighted nonattainment 
                or maintenance area population of the county, as 
                determined under clauses (i) through (vi) or clause 
                (viii) of subparagraph (B), shall be further multiplied 
                by a factor of 1.2.
                  ``(D) Minimum apportionment.--Notwithstanding any 
                other provision of this paragraph, each State shall 
                receive a minimum of \1/2\ of 1 percent of the funds 
                apportioned for a fiscal year under this paragraph.
                  ``(E) Determinations of population.--In determining 
                population figures for the purposes of this paragraph, 
                the Secretary shall use the latest available annual 
                estimates prepared by the Secretary of Commerce.
          ``(3) Surface transportation program.--
                  ``(A) In general.--For the surface transportation 
                program, in accordance with the following formula:
                          ``(i) 15 percent of the apportionments in the 
                        ratio that--
                                  ``(I) the total lane miles of 
                                Federal-aid highways in each State; 
                                bears to
                                  ``(II) the total lane miles of 
                                Federal-aid highways in all States.
                          ``(ii) 25 percent of the apportionments in 
                        the ratio that--
                                  ``(I) the total vehicle miles 
                                traveled on lanes on Federal-aid 
                                highways in each State; bears to
                                  ``(II) the total vehicle miles 
                                traveled on lanes on Federal-aid 
                                highways in all States.
                          ``(iii) 25 percent of the apportionments in 
                        the ratio that--
                                  ``(I) the estimated tax payments 
                                attributable to highway users in each 
                                State paid into the Highway Trust Fund 
                                (other than the Alternative 
                                Transportation Account) in the latest 
                                fiscal year for which data are 
                                available; bears to
                                  ``(II) the estimated tax payments 
                                attributable to highway users in all 
                                States paid into the Highway Trust Fund 
                                (other than the Alternative 
                                Transportation Account) in the latest 
                                fiscal year for which data are 
                                available.
                          ``(iv) 35 percent of the apportionments in 
                        the ratio that--
                                  ``(I) the bridge replacement and 
                                rehabilitation costs in each State (as 
                                determined under subsection (c)(4)); 
                                bears to
                                  ``(II) the bridge replacement and 
                                rehabilitation costs in all States (as 
                                determined under subsection (c)(5)).
                  ``(B) Minimum apportionment.--Notwithstanding 
                subparagraph (A), each State shall receive a minimum of 
                \1/2\ of 1 percent of the funds apportioned for a 
                fiscal year under this paragraph.
          ``[(4) Reserved.]
          ``(5) Highway safety improvement program.--
                  ``(A) In general.--For the highway safety improvement 
                program, in accordance with the following formula:
                          ``(i) 33\1/3\ percent of the apportionments 
                        in the ratio that--
                                  ``(I) the total lane miles of 
                                Federal-aid highways in each State; 
                                bears to
                                  ``(II) the total lane miles of 
                                Federal-aid highways in all States.
                          ``(ii) 33\1/3\ percent of the apportionments 
                        in the ratio that--
                                  ``(I) the total vehicle miles 
                                traveled on lanes on Federal-aid 
                                highways in each State; bears to
                                  ``(II) the total vehicle miles 
                                traveled on lanes on Federal-aid 
                                highways in all States.
                          ``(iii) 33\1/3\ percent of the apportionments 
                        in the ratio that--
                                  ``(I) the number of fatalities on 
                                Federal-aid highways in each State in 
                                the latest fiscal year for which data 
                                are available; bears to
                                  ``(II) the number of fatalities on 
                                Federal-aid highways in all States in 
                                the latest fiscal year for which data 
                                are available.
                  ``(B) Minimum apportionment.--Notwithstanding 
                subparagraph (A), each State shall receive a minimum of 
                \1/2\ of 1 percent of the funds apportioned for a 
                fiscal year under this paragraph.
  ``(c) Bridge Calculation.--For each fiscal year, the Secretary shall 
determine the bridge replacement and rehabilitation costs as follows:
          ``(1) The Secretary shall identify deficient highway bridges 
        in each State.
          ``(2) The Secretary shall place each deficient highway bridge 
        into one of the following categories:
                  ``(A) Federal-aid highway bridges eligible for 
                replacement.
                  ``(B) Federal-aid highway bridges eligible for 
                rehabilitation.
                  ``(C) Bridges not on Federal-aid highways eligible 
                for replacement.
                  ``(D) Bridges not on Federal-aid highways eligible 
                for rehabilitation.
          ``(3) The Secretary shall determine--
                  ``(A) the deck area of deficient highway bridges in 
                each category described in paragraph (2); and
                  ``(B) the respective unit price of such deck area on 
                a State-by-State basis.
          ``(4) The Secretary shall determine the bridge replacement 
        and rehabilitation costs for each State by multiplying the deck 
        area of deficient bridges in the State by the respective unit 
        price.
          ``(5) The Secretary shall determine the bridge replacement 
        and rehabilitation costs for all States by multiplying the deck 
        area of deficient bridges in all States by the respective unit 
        price.
  ``(d) Certification of Apportionments.--
          ``(1) In general.--On October 1 of each fiscal year, the 
        Secretary shall certify to each of the State transportation 
        departments the sums which the Secretary has apportioned under 
        this section to each State for such fiscal year. To permit the 
        States to develop adequate plans for the utilization of 
        apportioned sums, the Secretary shall advise each State of the 
        amount that will be apportioned each year under this section 
        not later than 90 days before the beginning of the fiscal year 
        for which the sums to be apportioned are authorized.
          ``(2) Notice to states.--If the Secretary has not made an 
        apportionment under this section or section 105 by the 21st day 
        of a fiscal year beginning after September 30, 2012, the 
        Secretary shall transmit, by such 21st day, to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a written statement of the reason for not 
        making such apportionment in a timely manner.
  ``(e) Audits of Highway Trust Fund.--From administrative funds made 
available under subsection (a), the Secretary may reimburse the Office 
of Inspector General of the Department of Transportation for the 
conduct of annual audits of financial statements in accordance with 
section 3521 of title 31.
  ``(f) Metropolitan Planning.--
          ``(1) Set aside.--On October 1 of each fiscal year, the 
        Secretary shall set aside 1.15 percent of the funds authorized 
        to be appropriated for the National Highway System program and 
        surface transportation program authorized under this title to 
        carry out the requirements of section 5203 of title 49.
          ``(2) Apportionment to states of set-aside funds.--Funds set 
        aside under paragraph (1) shall be apportioned to the States in 
        the ratio which the population in urbanized areas, or parts 
        thereof, in each State bears to the total population in such 
        urbanized areas in all the States as shown by the latest 
        available census, except that no State shall receive less than 
        \1/2\ of 1 percent of the amount apportioned.
          ``(3) Use of funds.--
                  ``(A) In general.--The funds apportioned to any State 
                under paragraph (2) shall be made available by the 
                State to the metropolitan planning organizations 
                responsible for carrying out the provisions of section 
                5203 of title 49, except that States receiving the 
                minimum apportionment under paragraph (2) may, in 
                addition, subject to the approval of the Secretary, use 
                the funds apportioned to finance transportation 
                planning outside of urbanized areas.
                  ``(B) Unused funds.--Any funds that are not used to 
                carry out section 5203 of title 49 may be made 
                available by a metropolitan planning organization to 
                the State to fund activities under section 5204 of such 
                title.
          ``(4) Distribution of funds within states.--
                  ``(A) In general.--The distribution within any State 
                of the planning funds made available to agencies under 
                paragraph (3) shall be in accordance with a formula 
                developed by each State and approved by the Secretary 
                that shall consider, but not necessarily be limited to, 
                population, status of planning, attainment of air 
                quality standards, metropolitan area transportation 
                needs, and other factors necessary to provide for an 
                appropriate distribution of funds to carry out the 
                requirements of section 5203 of title 49 and other 
                applicable requirements of Federal law.
                  ``(B) Reimbursement.--Not later than 30 days after 
                the date of receipt by a State of a request for 
                reimbursement of expenditures made by a metropolitan 
                planning organization for carrying out section 5203 of 
                title 49, the State shall reimburse, from funds 
                distributed under this paragraph to the metropolitan 
                planning organization by the State, the metropolitan 
                planning organization for those expenditures.
          ``(5) Determination of population figures.--For the purposes 
        of determining population figures under this subsection, the 
        Secretary shall use the most recent estimate published by the 
        Secretary of Commerce.
  ``(g) Report to Congress.--For each fiscal year, the Secretary shall 
submit to Congress, and also make available to the public in a user-
friendly format via the Internet, a report on--
          ``(1) the amount obligated, by each State, for Federal-aid 
        highways and highway safety construction programs during the 
        preceding fiscal year;
          ``(2) the balance, as of the last day of the preceding fiscal 
        year, of the unobligated apportionment of each State by fiscal 
        year under this section and section 105;
          ``(3) the balance of unobligated sums available for 
        expenditure at the discretion of the Secretary for such 
        highways and programs for the fiscal year; and
          ``(4) the rates of obligation of funds apportioned or set 
        aside under this section and sections 105 and 133, according 
        to--
                  ``(A) program;
                  ``(B) funding category or subcategory;
                  ``(C) type of improvement;
                  ``(D) State; and
                  ``(E) sub-State geographic area, including urbanized 
                and rural areas, on the basis of the population of each 
                such area.
  ``(h) Transfer of Highway and Transit Funds.--
          ``(1) Transfer of highway funds for transit projects.--
                  ``(A) In general.--Subject to subparagraph (B), funds 
                made available under this title for transit projects or 
                transportation planning may be transferred to and 
                administered by the Secretary in accordance with 
                chapter 53 of title 49.
                  ``(B) Non-federal share.--The provisions of this 
                title relating to the non-Federal share shall apply to 
                the funds transferred under subparagraph (A).
          ``(2) Transfer of transit funds for highway projects.--
                  ``(A) In general.--Subject to subparagraph (B), funds 
                made available under chapter 53 of title 49 for highway 
                projects or transportation planning may be transferred 
                to and administered by the Secretary in accordance with 
                this title.
                  ``(B) Non-federal share.--The provisions of chapter 
                53 of title 49 relating to the non-Federal share shall 
                apply to funds transferred under subparagraph (A).
          ``(3) Transfer of funds among states or to federal highway 
        administration.--
                  ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the Secretary, at the request of a State, may 
                transfer funds apportioned or allocated under this 
                title to the State to another State, or to the Federal 
                Highway Administration, for the purpose of funding one 
                or more projects that are eligible for assistance with 
                funds so apportioned or allocated.
                  ``(B) Apportionment.--A transfer under subparagraph 
                (A) shall have no effect on any apportionment of funds 
                to a State under this section or section 105.
                  ``(C) Surface transportation program.--Funds that are 
                apportioned or allocated to a State under subsection 
                (b)(3) and attributed to an urbanized area of a State 
                with a population of over 200,000 individuals under 
                section 133(d)(3) may be transferred under this 
                paragraph only if the metropolitan planning 
                organization designated for the area concurs, in 
                writing, with the transfer request.
          ``(4) Transfer of obligation authority.--Obligation authority 
        for funds transferred under this subsection shall be 
        transferred in the same manner and amount as the funds for the 
        projects that are transferred under this subsection.
  ``(i) Recreational Trails Program.--
          ``(1) Administrative costs.--Before apportioning sums 
        authorized to be appropriated to carry out the recreational 
        trails program under section 206, the Secretary shall deduct 
        for administrative, research, technical assistance, and 
        training expenses for such program $840,000 for each fiscal 
        year. The Secretary may enter into contracts with for-profit 
        organizations or contracts, partnerships, or cooperative 
        agreements with other government agencies, institutions of 
        higher learning, or nonprofit organizations to perform these 
        tasks.
          ``(2) Apportionment to the states.--The Secretary shall 
        apportion the sums authorized to be appropriated for 
        expenditure on the recreational trails program for each fiscal 
        year among eligible States in the following manner:
                  ``(A) 50 percent equally among eligible States.
                  ``(B) 50 percent in amounts proportionate to the 
                degree of non-highway recreational fuel use in each 
                eligible State during the preceding year.
          ``(3) Eligible state defined.--In this subsection, the term 
        `eligible State' means a State that meets the requirements of 
        section 206(c).''.

SEC. 1105. FEDERAL-AID SYSTEMS.

  Section 103(b) is amended--
          (1) in paragraph (1)--
                  (A) in the matter preceding subparagraph (A) by 
                inserting ``and the modifications to the system 
                approved by the Secretary before the date of enactment 
                of the American Energy and Infrastructure Jobs Act of 
                2012'' after ``1996''; and
                  (B) in subparagraph (C) by inserting ``and commerce'' 
                before the period at the end;
          (2) in paragraph (2)--
                  (A) in subparagraph (B) by inserting ``and border 
                crossings on such routes not included on the National 
                Highway System before the date of enactment of the 
                American Energy and Infrastructure Jobs Act of 2012'' 
                before the period at the end; and
                  (B) in subparagraph (C) by inserting ``not included 
                on the National Highway System before the date of 
                enactment of the American Energy and Infrastructure 
                Jobs Act of 2012'' before the period at the end; and
          (3) by striking paragraphs (6) and (7) and inserting the 
        following:
          ``(6) Requirement for state asset management plan for 
        national highway system.--
                  ``(A) In general.--A State shall develop and 
                implement a risk-based State asset management plan for 
                managing all infrastructure assets in the right-of-way 
                corridor of the National Highway System based on a 
                process established by the Secretary. The process shall 
                require use of quality information and economic and 
                engineering analysis to identify a sequence of 
                maintenance, repair, and rehabilitation actions that 
                will achieve and maintain a desired state of good 
                repair over the lifecycle of the network at the least 
                possible cost.
                  ``(B) Performance goals.--A State asset management 
                plan shall include strategies leading to a program of 
                projects that will make progress toward achievement of 
                the national goals for infrastructure condition and 
                performance of the National Highway System in a manner 
                consistent with the requirements of chapter 52 of title 
                49.
                  ``(C) Plan contents.--A State asset management plan 
                shall be in a form that the Secretary determines to be 
                appropriate and shall include, at a minimum, the 
                following:
                          ``(i) A summary listing of the highway 
                        infrastructure assets on the National Highway 
                        System in the State that includes current 
                        condition and performance statistics by asset.
                          ``(ii) Asset management objectives and 
                        measures.
                          ``(iii) Analysis of lifecycle cost, value for 
                        investment, and risk management.
                          ``(iv) A financial plan.
                          ``(v) Investment strategies.
                  ``(D) Process.--Not later than 2 years after the date 
                of enactment of the American Energy and Infrastructure 
                Jobs Act of 2012, the Secretary shall establish a 
                process by which a State shall develop and implement a 
                risk-based State asset management plan described in 
                subparagraph (A).
                  ``(E) Compliance.--Notwithstanding section 120, with 
                respect to the second fiscal year beginning after the 
                date of establishment of the process under subparagraph 
                (D) or any subsequent fiscal year, if the Secretary 
                determines that a State has not developed and 
                implemented a State asset management plan in a manner 
                consistent with this section, the Federal share payable 
                on account of any project or activity carried out by 
                the State in that fiscal year under section 119 shall 
                be 70 percent.''.

SEC. 1106. NATIONAL HIGHWAY SYSTEM PROGRAM.

  (a) In General.--Section 119 is amended to read as follows:

``Sec. 119. National Highway System program

  ``(a) Establishment.--The Secretary shall establish and implement a 
National Highway System program under this section.
  ``(b) Purposes.--The purposes of the National Highway System program 
shall be--
          ``(1) to provide support for the condition and operational 
        performance of the National Highway System;
          ``(2) to provide support for the construction of new 
        facilities on the National Highway System; and
          ``(3) to ensure that investments of National Highway System 
        program funds are directed to achievement of performance goals 
        established in a State's asset management plan for the National 
        Highway System under section 103(b)(6).
  ``(c) Eligible Facilities.--Except as otherwise specifically provided 
by this section, to be eligible for funding apportioned under section 
104(b)(1) to carry out this section, a facility must be located on the 
National Highway System.
  ``(d) Eligible Projects.--Funds apportioned to a State to carry out 
this section may be obligated only for a project that is--
          ``(1) on an eligible facility, as described in subsection 
        (c);
          ``(2) a project, or is a part of a program of projects, 
        supporting progress toward the achievement of national 
        performance goals under section 5206 of title 49 for improving 
        infrastructure condition, safety, mobility, or freight movement 
        on the National Highway System;
          ``(3) consistent with the requirements of sections 5203 and 
        5204 of title 49; and
          ``(4) for one or more of the purposes specified in subsection 
        (e).
  ``(e) Project Purposes.--A project receiving funding under this 
section shall be for one or more of the following purposes:
          ``(1) Construction, reconstruction, resurfacing, restoration, 
        rehabilitation, preservation, or operational improvements of 
        segments of the National Highway System.
          ``(2) Construction, reconstruction, replacement (including 
        replacement with fill material), rehabilitation, preservation, 
        and protection (including scour countermeasures, seismic 
        retrofits, and impact protection measures) of bridges and 
        tunnels on the National Highway System.
          ``(3) Inspection and evaluation, as defined in section 151, 
        of bridges and tunnels on the National Highway System, or 
        inspection and evaluation of other highway infrastructure 
        assets on the National Highway System.
          ``(4) Training of bridge and tunnel inspectors, as defined in 
        section 151.
          ``(5) Rehabilitation or replacement of existing ferry boats 
        and ferry boat facilities, including approaches, that connect 
        road segments of the National Highway System.
          ``(6) Highway safety improvements for segments of the 
        National Highway System.
          ``(7) Capital and operating costs for traffic management and 
        traveler information monitoring, management, and control 
        facilities and programs for the National Highway System.
          ``(8) Infrastructure-based intelligent transportation systems 
        capital improvements for the National Highway System.
          ``(9) Development and implementation of a State asset 
        management plan for the National Highway System in accordance 
        with section 103(b), including data collection, maintenance, 
        and integration and the cost associated with obtaining, 
        updating, and licensing software and equipment required for 
        risk-based asset management and performance-based management.
          ``(10) Environmental mitigation efforts related to projects 
        funded under this section, as described in subsection (f).
          ``(11) Construction of publicly owned intracity or intercity 
        bus terminals.
          ``(12) Environmental restoration and pollution abatement 
        associated with a project funded under this section in 
        accordance with section 328.
  ``(f) Environmental Mitigation.--
          ``(1) Eligible activities.--Environmental mitigation efforts 
        referred to in subsection (e)(10) include--
                  ``(A) participation in mitigation banking or other 
                third-party mitigation arrangements, such as--
                          ``(i) the purchase of credits from commercial 
                        mitigation banks;
                          ``(ii) the establishment and management of 
                        agency-sponsored mitigation banks; and
                          ``(iii) the purchase of credits or 
                        establishment of in-lieu fee mitigation 
                        programs;
                  ``(B) contributions to statewide and regional efforts 
                to conserve, restore, enhance, and create natural 
                habitats, wetlands, and other resources; and
                  ``(C) the development of statewide and regional 
                environmental protection plans.
          ``(2) Inclusion of other activities.--The banks, efforts, and 
        plans described in paragraph (1) include any such banks, 
        efforts, and plans developed in accordance with applicable law 
        (including regulations).
          ``(3) Terms and conditions.--The following terms and 
        conditions apply to natural habitat and wetlands mitigation 
        efforts referred to in subsection (e)(10):
                  ``(A) Contributions to the mitigation effort may take 
                place concurrent with, in advance of, or subsequent to 
                the construction of a project or projects.
                  ``(B) Credits from any agency-sponsored mitigation 
                bank that are attributable to funding under this 
                section may be used only for projects funded under this 
                title unless the agency pays to the Secretary an amount 
                equal to the Federal funds attributable to the 
                mitigation bank credits the agency uses for purposes 
                other than mitigation of a project funded under this 
                title.
          ``(4) Preference.--At the discretion of the project sponsor, 
        preference shall be given, to the maximum extent practicable, 
        to mitigating an environmental impact through the use of a 
        mitigation bank or other third-party mitigation arrangement, if 
        the use of credits from the mitigation bank for the project is 
        approved by the applicable Federal agency.
  ``(g) Federal Share.--
          ``(1) In general.--Except as provided by paragraph (2), the 
        Federal share of the cost of a project payable from funds made 
        available to carry out this section shall be determined under 
        section 120(b).
          ``(2) Interstate system.--The Federal share of the cost of a 
        project on the Interstate System payable from funds made 
        available to carry out this section shall be determined under 
        section 120(a).''.
          (b) Clerical Amendment.--The analysis for chapter 1 is 
        amended by striking the item relating to section 119 and 
        inserting the following:

``119. National Highway System program.''.

SEC. 1107. SURFACE TRANSPORTATION PROGRAM.

  (a) Eligible Projects.--Section 133(b) is amended--
          (1) by striking paragraphs (1) and (15);
          (2) by redesignating paragraphs (2) through (14) as 
        paragraphs (5) through (17), respectively;
          (3) by inserting before paragraph (5) (as so redesignated) 
        the following:
          ``(1) Construction, reconstruction, rehabilitation, 
        resurfacing, restoration, preservation, and operational 
        improvements for highways, including construction of designated 
        routes of the Appalachian Development Highway System.
          ``(2) Replacement (including replacement with fill material), 
        rehabilitation, preservation, and protection (including 
        painting, scour countermeasures, seismic retrofits, impact 
        protection measures, security countermeasures, and protection 
        against extreme events) for bridges and tunnels on public roads 
        of all functional classifications.
          ``(3) Construction of a new bridge or tunnel at a new 
        location on a Federal-aid highway.
          ``(4) Inspection and evaluation of bridges and tunnels and 
        training of bridge and tunnel inspectors (as defined in section 
        151), and inspection and evaluation of other highway assets 
        (including signs, retaining walls, and drainage structures).''; 
        and
          (4) by striking paragraph (14) (as so redesignated) and 
        inserting the following:
          ``(14) Environmental mitigation efforts relating to projects 
        funded under this title in the same manner and to the same 
        extent as such activities are eligible under section 119(f).''.
  (b) Location of Projects.--Section 133(c) is amended to read as 
follows:
  ``(c) Location of Projects.--Except for projects described in 
subsections (b)(2), (b)(6), and (b)(7), surface transportation program 
projects may not be undertaken on roads functionally classified as 
local or rural minor collectors unless the roads were on a Federal-aid 
highway system on January 1, 1991, and except as approved by the 
Secretary.''.
  (c) Allocation of Apportioned Funds.--
          (1) Repeal.--Section 133(d)(2) is repealed.
          (2) Division between urbanized areas of over 200,000 
        population and other areas.--Section 133(d)(3) is amended--
                  (A) in subparagraph (A)--
                          (i) in the matter preceding clause (i) by 
                        striking ``62.5 percent of the remaining 90 
                        percent'' and inserting ``50 percent''; and
                          (ii) in matter following clause (ii) by 
                        striking ``37.5 percent'' and inserting ``50 
                        percent''; and
                  (B) by adding at the end the following:
                  ``(E) Consultation with rural planning 
                organizations.--For purposes of subparagraph (A)(ii), 
                before obligating funding attributed to an area with a 
                population greater than 5,000 and less than 200,000, a 
                State shall consult with the rural planning 
                organizations that represent the area, if any.''.
          (3) Applicability of certain requirements to third party 
        sellers.--Section 133(d)(5)(A) is amended by striking ``funded 
        from the allocation required under paragraph (2)''.
  (d) Administration.--Section 133(e)(3) is amended to read as follows:
          ``(3) Payments.--The Secretary shall make payments to a State 
        of costs incurred by the State for the surface transportation 
        program in accordance with procedures to be established by the 
        Secretary.''.
  (e) Obligation Authority.--Section 133(f)(1) is amended--
          (1) by striking ``2004 through 2006'' and inserting ``2011 
        through 2013''; and
          (2) by striking ``2007 through 2009'' and inserting ``2014 
        through 2016''.
  (f) Division of STP Funds for Areas of Less Than 5,000 Population.--
          (1) Special rule.--Notwithstanding section 133(c) of title 
        23, United States Code, and except as provided in paragraph 
        (2), up to 15 percent of the amounts required to be obligated 
        by a State under section 133(d)(3)(B) of such title for each of 
        fiscal years 2013 through 2016 may be obligated on roads 
        functionally classified as minor collectors.
          (2) Suspension.--The Secretary may suspend the application of 
        paragraph (1) with respect to a State if the Secretary 
        determines that the authority provided under paragraph (1) is 
        being used excessively by the State.

SEC. 1108. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.

  (a) Eligible Projects.--Section 149(b) is amended to read as follows:
  ``(b) Eligible Projects.--
          ``(1) In general.--
                  ``(A) Requirements for obligation of funds.--A State 
                may obligate funds apportioned to the State under 
                section 104(b)(2) for a transportation project or 
                program if the project or program meets the 
                requirements of subparagraph (B) and (C).
                  ``(B) Area served by project or program.--A project 
                or program meets the requirements of this subparagraph 
                if the project or program is for an area in the State 
                that--
                          ``(i) is or was designated as a nonattainment 
                        area for ozone, carbon monoxide, or particulate 
                        matter under section 107(d) of the Clean Air 
                        Act (42 U.S.C. 7407(d)) and classified pursuant 
                        to section 181(a), 186(a), 188(a), or 188(b) of 
                        the Clean Air Act (42 U.S.C. 7511(a), 7512(a), 
                        7513(a), or 7513(b));
                          ``(ii) is or was designated as a 
                        nonattainment area under such section 107(d) 
                        after December 31, 1997; or
                          ``(iii) is required to prepare, and file with 
                        the Administrator of the Environmental 
                        Protection Agency, maintenance plans under the 
                        Clean Air Act (42 U.S.C. 7505a).
                  ``(C) Purpose of project or program.--A project or 
                program meets the requirements of this subparagraph 
                if--
                          ``(i) the Secretary, after consultation with 
                        the Administrator, determines that--
                                  ``(I) on the basis of information 
                                published by the Environmental 
                                Protection Agency pursuant to section 
                                108(f)(1)(A) of the Clean Air Act 
                                (other than clause (xvi) of such 
                                section), the project or program is 
                                likely to contribute to--
                                          ``(aa) the attainment of a 
                                        national ambient air quality 
                                        standard; or
                                          ``(bb) the maintenance of a 
                                        national ambient air quality 
                                        standard in a maintenance area; 
                                        or
                                  ``(II) the project or program is part 
                                of a program, method, or strategy 
                                described in such section 108(f)(1)(A);
                          ``(ii) the project or program is included in 
                        a State implementation plan that has been 
                        approved pursuant to the Clean Air Act and the 
                        project will have air quality benefits;
                          ``(iii) the Secretary, after consultation 
                        with the Administrator, determines that the 
                        project or program is likely to contribute to 
                        the attainment of a national ambient air 
                        quality standard through reductions in travel 
                        time delay, vehicle miles traveled, or fuel 
                        consumption or through other factors; or
                          ``(iv) the Secretary determines that the 
                        project or program is likely to contribute to 
                        the mitigation of congestion.
          ``(2) Special rules.--
                  ``(A) Projects resulting in new capacity for single 
                occupant vehicles.--A State may obligate funds 
                apportioned to the State under section 104(b)(2) for a 
                project or program that will result in the construction 
                of new capacity available to single occupant vehicles 
                only if the project or program is likely to contribute 
                to the mitigation of congestion or the improvement of 
                air quality.
                  ``(B) Projects for pm-10 nonattainment areas.--A 
                State may obligate funds apportioned to the State under 
                section 104(b)(2) for a project or program for an area 
                that is nonattainment for ozone or carbon monoxide, or 
                both, and for PM-10 resulting from transportation 
                activities, without regard to any limitation of the 
                Department of Transportation relating to the type of 
                ambient air quality standard such project or program 
                addresses.
                  ``(C) Electric vehicle infrastructure.--A State may 
                obligate funds apportioned under section 104(b)(2) or 
                104(b)(3) for a project or program to establish or 
                support the establishment of electric vehicle battery 
                charging or changing facilities at any location in the 
                State. Such projects or programs may be carried out by 
                a State or local agency or through a public-private 
                partnership.''.
  (b) Cost-Effective Emission Reduction Guidance.--Section 149 is 
amended--
          (1) by striking subsection (f); and
          (2) by redesignating subsections (g) and (h) as subsections 
        (f) and (g), respectively.

SEC. 1109. EQUITY BONUS PROGRAM.

  Section 105 is amended to read as follows:

``Sec. 105. Equity bonus program

  ``(a) Program.--
          ``(1) In general.--Subject to subsections (c), (d), and (e), 
        for fiscal year 2013 and each fiscal year thereafter, the 
        Secretary shall apportion among the States amounts sufficient 
        to ensure that no State receives a percentage of the total 
        apportionments for the fiscal year for the programs specified 
        in paragraph (2) that is less than the percentage calculated 
        under subsection (b).
          ``(2) Specified programs.--The programs referred to in 
        paragraph (1) are--
                  ``(A) the metropolitan planning programs under 
                section 104(f);
                  ``(B) the equity bonus program under this section;
                  ``(C) the National Highway System program under 
                section 119;
                  ``(D) the rail-highway grade crossing program under 
                section 130;
                  ``(E) the surface transportation program under 
                section 133;
                  ``(F) the highway safety improvement program under 
                section 148;
                  ``(G) the recreational trails programs under section 
                206;
                  ``(H) the State infrastructure bank capitalization 
                program under section 611; and
                  ``(I) the Appalachian development highway system 
                program under section 14501 of title 40.
  ``(b) State Percentage.--For each of fiscal years 2013 through 2016, 
the percentage referred to in subsection (a) for each State shall be 94 
percent of the quotient obtained by dividing--
          ``(1) the estimated tax payments attributable to highway 
        users in the State paid into the Highway Trust Fund in the most 
        recent fiscal year for which data are available; by
          ``(2) the estimated tax payments attributable to highway 
        users in all States paid into the Highway Trust Fund for the 
        fiscal year.
  ``(c) Minimum Amount.--
          ``(1) In general.--For each fiscal year, before making the 
        apportionments under subsection (a)(1), the Secretary shall 
        apportion among the States amounts sufficient to ensure that 
        each State receives a combined total apportionment for the 
        programs specified in subsection (a)(2) and the congestion 
        mitigation and air quality improvement program under section 
        149 that equals or exceeds the combined amount that the State 
        was apportioned for fiscal year 2012 for the programs specified 
        in section 105(a)(2) of this title (other than the high 
        priority projects program under subparagraph (H) of such 
        section), as in effect on the day before the date of enactment 
        of the American Energy and Infrastructure Jobs Act of 2012.
          ``(2) Special rule.--In determining a State's combined 
        apportionment for fiscal year 2012 for purposes of paragraph 
        (1), the Secretary shall not consider amounts apportioned to 
        the State for such fiscal year under the following:
                  ``(A) Section 111(d)(1) of the Surface Transportation 
                Extension Act of 2011, Part II (Public Law 112-30; 125 
                Stat. 344).
                  ``(B) Section 111(d)(3) of the Surface Transportation 
                Extension Act of 2011, Part II (Public Law 112-30; 125 
                Stat. 345).
  ``(d) No Negative Adjustment.--No negative adjustment shall be made 
under subsection (a)(1) to the apportionment of any State.
  ``(e) Treatment of Funds.--
          ``(1) Programmatic distribution.--The Secretary shall 
        apportion the amounts made available under this section that 
        exceed $2,639,000,000 so that the amount apportioned to each 
        State under this section for each program referred to in 
        subparagraphs (C) and (E) of subsection (a)(2) is equal to the 
        amount determined by multiplying the amount to be apportioned 
        to such State under this section by the ratio that--
                  ``(A) the amount of funds apportioned to such State 
                for each program referred to in subparagraphs (C) and 
                (E) of subsection (a)(2) for a fiscal year; bears to
                  ``(B) the total amount of funds apportioned to such 
                State for all such programs for such fiscal year.
          ``(2) Remaining distribution.--The Secretary shall administer 
        the remainder of funds made available under this section to the 
        States in accordance with section 133, except that section 
        133(d)(3) and section 1115(a) of the American Energy and 
        Infrastructure Jobs Act of 2012 shall not apply to the amounts 
        administered pursuant to this paragraph.
  ``(f) Metropolitan Planning Set-Aside.--Notwithstanding section 
104(f), no set aside provided for under that section shall apply to 
funds allocated under this section.
  ``(g) Authorization of Appropriations.--
          ``(1) In general.--Subject to paragraphs (2) and (3), there 
        is authorized to be appropriated from the Highway Trust Fund 
        (other than the Alternative Transportation Account) to carry 
        out this section $3,900,000,000 for each of fiscal years 2013 
        through 2016.
          ``(2) Upward adjustment.--If the amount authorized by 
        paragraph (1) for a fiscal year is less than the minimum amount 
        required to ensure that each State receives the minimum 
        percentage of total apportionments required under subsection 
        (a)(1) and the minimum amount required under subsection (c)(1) 
        for the fiscal year--
                  ``(A) the amount authorized by paragraph (1) for the 
                fiscal year shall be increased by the amount of the 
                shortfall, so as to equal such minimum amount; and
                  ``(B) the amounts authorized by section 1101(a)(2) of 
                the American Energy and Infrastructure Jobs Act of 2012 
                for the surface transportation program for the fiscal 
                year shall be decreased by the amount of the shortfall.
          ``(3) Downward adjustment.--If the amount authorized by 
        paragraph (1) for a fiscal year is more than the minimum amount 
        required to ensure that each State receives the minimum 
        percentage of total apportionments required under subsection 
        (a)(1) and the minimum amount required under subsection (c)(1) 
        for the fiscal year--
                  ``(A) the amount authorized by paragraph (1) for the 
                fiscal year shall be decreased by the amount of the 
                excess, so as to equal such minimum amount; and
                  ``(B) the amounts authorized by section 1101(a)(1) of 
                the American Energy and Infrastructure Jobs Act of 2012 
                for the National Highway System program for the fiscal 
                year shall be increased by the amount of the excess.''.

SEC. 1110. PROJECT APPROVAL AND OVERSIGHT.

  (a) Assumption by States of Responsibilities of the Secretary.--
Section 106(c)(1) is amended to read as follows:
          ``(1) NHS projects.--For projects under this title that are 
        on the National Highway System, including projects on the 
        Interstate System, the State may assume the responsibility of 
        the Secretary under this title for design, plans, 
        specifications, estimates, contract awards, and inspections 
        with respect to such projects unless the Secretary determines 
        that such assumption is not appropriate.''.
  (b) Value Engineering Analysis.--Section 106(e) is amended--
          (1) in paragraph (2)(A)--
                  (A) by striking ``Federal-aid system'' and inserting 
                ``National Highway System receiving Federal 
                assistance''; and
                  (B) by striking ``$25,000,000'' and inserting 
                ``$50,000,000'';
          (2) in paragraph (2)(B)--
                  (A) by inserting ``on the National Highway System 
                receiving Federal assistance'' after ``project''; and
                  (B) by striking ``$20,000,000'' and inserting 
                ``$40,000,000''; and
          (3) by adding at the end the following:
          ``(5) Design-build projects.--A requirement to provide a 
        value engineering analysis under this subsection does not apply 
        to a project delivered using the design-build method of 
        construction.''.
  (c) Major Projects.--Section 106(h)(3) is amended--
          (1) in subparagraph (A) by striking ``and'';
          (2) in subparagraph (B) by striking the period and inserting 
        ``; and''; and
          (3) by adding at the end the following:
                  ``(C) assess the appropriateness of a public-private 
                partnership to deliver the project.''.
  (d) Use of Advanced Modeling Technologies.--Section 106 is amended by 
adding at the end the following:
  ``(j) Use of Advanced Modeling Technologies.--
          ``(1) In general.--With respect to transportation projects 
        that receive Federal funding, the Secretary shall encourage the 
        use of advanced modeling technologies during environmental, 
        planning, financial management, design, simulation, and 
        construction processes related to the projects.
          ``(2) Activities.--In carrying out paragraph (1), the 
        Secretary shall--
                  ``(A) compile information relating to advanced 
                modeling technologies, including industry best 
                practices with respect to the use of the technologies;
                  ``(B) disseminate to States information relating to 
                advanced modeling technologies, including industry best 
                practices with respect to the use of the technologies; 
                and
                  ``(C) promote the use of advanced modeling 
                technologies.
          ``(3) Comprehensive plan.--The Secretary shall develop and 
        publish on the Internet Web site of the Department of 
        Transportation a detailed and comprehensive plan for the 
        implementation of paragraph (1).
          ``(4) Advanced modeling technology defined.--The term 
        `advanced modeling technology' means an available or developing 
        technology, including 3-dimensional digital modeling, that can 
        accelerate and improve the environmental review process, 
        increase effective public participation, enhance the detail and 
        accuracy of project designs, increase safety, accelerate 
        construction and reduce construction costs, or otherwise 
        expedite project delivery with respect to transportation 
        projects that receive Federal funding.''.
  (e) Review of Oversight Program.--
          (1) In general.--The Secretary shall review the oversight 
        program established under section 106(g) of title 23, United 
        States Code, to determine the efficacy of the program in 
        monitoring the effective and efficient use of funds authorized 
        to carry out title 23, United States Code.
          (2) Minimum requirements for review.--At a minimum, the 
        review under paragraph (1) shall assess the capability of the 
        program to--
                  (A) identify projects funded under title 23, United 
                States Code, for which there are cost or schedule 
                overruns; and
                  (B) evaluate the extent of such overruns.
          (3) Report to congress.--Not later than 2 years after the 
        date of enactment of this Act, the Secretary shall transmit 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 results of the review 
        conducted under paragraph (1), which shall include 
        recommendations for legislative changes to improve the 
        oversight program established under section 106(g) of title 23, 
        United States Code.
  (f) Transparency and Accountability.--
          (1) Data collection.--The Secretary shall compile and make 
        available to the public on the Internet Web site of the 
        Department the annual expenditure data for funds made available 
        under title 23 and chapter 53 of title 49, United States Code.
          (2) Requirements.--In carrying out paragraph (1), the 
        Secretary shall ensure that the data made available on the 
        Internet Web site of the Department--
                  (A) is organized by project and State;
                  (B) to the maximum extent possible, is updated 
                regularly to reflect the current status of obligations, 
                expenditures, and Federal-aid projects; and
                  (C) can be searched and downloaded by users of the 
                Web site.
          (3) Report to congress.--The Secretary shall transmit, 
        annually, to the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on 
        Environment and Public Works and the Committee on Banking, 
        Housing, and Urban Affairs of the Senate a report containing a 
        summary of the data described in paragraph (1) for the 1-year 
        period ending on the date on which the report is submitted.

SEC. 1111. EMERGENCY RELIEF.

  (a) Eligibility.--Section 125(d) is amended to read as follows:
  ``(d) Eligibility.--
          ``(1) In general.--Subject to the requirements of this 
        subsection, the Secretary may expend funds from the emergency 
        fund authorized by this section for the repair or 
        reconstruction of Federal-aid highways in accordance with the 
        provisions of this chapter.
          ``(2) Maximum total project costs.--
                  ``(A) In general.--The total cost of a project 
                carried out under this section may not exceed the cost 
                of repair or reconstruction of a comparable facility.
                  ``(B) Comparable facility defined.--In this 
                paragraph, the term `comparable facility' means a 
                facility that meets the current geometric and 
                construction standards required for the types and 
                volume of traffic that the facility will carry over its 
                design life.
          ``(3) Debris removal.--The costs of debris removal shall be 
        an eligible expense under this section only for--
                  ``(A) an event not declared a major disaster or 
                emergency by the President under the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5121 et seq.); or
                  ``(B) an event declared a major disaster or emergency 
                by the President under that Act if the debris removal 
                is not eligible for assistance pursuant to section 403, 
                407, or 502 of that Act (42 U.S.C. 5170b, 5173, 5192).
          ``(4) Territories.--The total obligations for projects under 
        this section in a fiscal year in the Virgin Islands, Guam, 
        American Samoa, and the Commonwealth of the Northern Mariana 
        Islands may not exceed $20,000,000.
          ``(5) Temporary substitute highway traffic service.--
        Notwithstanding any other provision of this chapter, actual and 
        necessary costs of maintenance and operation of ferryboats or 
        additional transit service providing temporary substitute 
        highway traffic service, less the amount of fares charged, may 
        be expended from the emergency fund under this section 
        authorized for Federal-aid highways.
          ``(6) Applications; emergency declarations.--Except as to 
        highways, roads, and trails referred to in subsection (e), no 
        funds may be expended under this section unless--
                  ``(A) a declaration is made--
                          ``(i) by the Governor of the State and 
                        concurred in by the Secretary, that an 
                        emergency exists; or
                          ``(ii) by the President under the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5121 et seq.) that a 
                        major disaster or emergency exists; and
                  ``(B) not later than 2 years after a declaration is 
                made under subparagraph (A), the Secretary has received 
                an application for assistance from the State 
                transportation department that includes a comprehensive 
                list of potentially eligible project sites and repair 
                costs.''.
  (b) Tribal Roads, Federal Lands Highways, and Public Roads on Federal 
Lands.--Section 125(e) is amended to read as follows:
  ``(e) Tribal Roads, Federal Lands Highways, and Public Roads on 
Federal Lands.--
          ``(1) Use of emergency fund.--Notwithstanding subsection 
        (d)(1), the Secretary may expend funds from the emergency fund 
        authorized by this section, either independently or in 
        cooperation with any other branch of the Government, a State 
        agency, tribal organization, organization, or person, for the 
        repair or reconstruction of tribal roads, Federal lands 
        highways, and other federally owned roads that are open to 
        public travel, whether or not such roads are Federal-aid 
        highways.
          ``(2) Reimbursements.--The Secretary may reimburse Federal 
        agencies, State (including political subdivisions of the 
        States) agencies, and Indian tribal governments for 
        expenditures made on projects determined eligible under this 
        section, including expenditures for emergency repairs made 
        before a determination of eligibility. Such reimbursements to 
        Federal agencies and Indian tribal governments shall be 
        transferred to the account from which the expenditure was made, 
        or to a similar account that remains available for obligation, 
        and the budget authority associated with the expenditure shall 
        be restored to the agency from which it was derived and shall 
        be available for obligation until the end of the fiscal year 
        following the year in which the transfer occurs.
          ``(3) Open to public travel defined.--In this subsection, the 
        term `open to public travel' means that, except during 
        scheduled periods, extreme weather conditions, or emergencies, 
        the road is open to the general public for use with a standard 
        passenger auto, without restrictive gates or prohibitive signs 
        or regulations, other than for general traffic control or 
        restrictions based on size, weight, or class of 
        registration.''.
  (c) Rulemaking.--Not later than 6 months after the date of enactment 
of this Act, the Secretary shall initiate a rulemaking to update 
regulations governing the emergency relief program under section 125 of 
title 23, United States Code, to--
          (1) ensure that allocations are made to States only for sums 
        that the State will be able to obligate in the current fiscal 
        year;
          (2) determine whether to raise the threshold for an eligible 
        event and raise such threshold if warranted; and
          (3) address such other matters as the Secretary considers 
        appropriate.
  (d) Improving Program Implementation.--The Secretary shall take steps 
to--
          (1) improve training for Federal and State officials on 
        emergency relief requirements and processes;
          (2) establish an Internet Web site containing information on 
        best practices for the implementation of the emergency relief 
        program;
          (3) address program differences with the disaster assistance 
        program of the Federal Emergency Management Agency; and
          (4) provide guidance on performing a benefit-cost analysis to 
        justify cases in which a betterment is eligible for funding 
        under the emergency relief program.

SEC. 1112. UNIFORM TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.

  Section 126 is amended to read as follows:

``Sec. 126. Uniform transferability of Federal-aid highway funds

  ``(a) General Rule.--Notwithstanding any other provision of law, but 
subject to subsection (b), a State may transfer not to exceed 25 
percent of the State's apportionment under paragraph (1), (3), or (5) 
of section 104(b) for a fiscal year to any other apportionment of the 
State under any of those paragraphs for that fiscal year.
  ``(b) Application to Certain Set-Asides.--No funds may be transferred 
under this section that are subject to section 104(f) or section 
133(d)(3).''.

SEC. 1113. FERRY BOATS AND FERRY TERMINAL FACILITIES.

  Section 147 is amended--
          (1) in subsection (b) by striking ``ferry boats, ferry 
        terminals, and ferry maintenance facilities'' and inserting 
        ``ferry boats and ferry terminals'';
          (2) by striking subsections (c), (d), and (e) and inserting 
        the following:
  ``(c) Apportionment of Funds.--The Secretary shall apportion the sums 
authorized to be appropriated for expenditure on the construction of 
ferry boats and ferry terminal facilities for each fiscal year among 
eligible States in the following manner:
          ``(1) 35 percent based on the total annual number of vehicles 
        carried by ferry systems operating in each eligible State.
          ``(2) 35 percent based on the total annual number of 
        passengers (including passengers in vehicles) carried by ferry 
        systems operating in each eligible State.
          ``(3) 30 percent based on the total nautical route miles 
        serviced by ferry systems operating in each eligible State.
  ``(d) Eligible State Defined.--In this section, the term `eligible 
State' means a State that has a ferry system operating in the State or 
between the State and another State.''; and
          (3) by redesignating subsection (f) as subsection (e).

SEC. 1114. NATIONAL HIGHWAY BRIDGE AND TUNNEL INVENTORY AND INSPECTION 
                    PROGRAM.

  (a) In General.--Section 151 is amended to read as follows:

``Sec. 151. National highway bridge and tunnel inventory and inspection 
                    program

  ``(a) National Highway Bridge and Tunnel Inventory.--The Secretary, 
in consultation with the States and Federal agencies with jurisdiction 
over highway bridges and tunnels, shall--
          ``(1) inventory all bridges on public roads, on and off 
        Federal-aid highways, including tribally owned and federally 
        owned bridges, that are over waterways, other topographical 
        barriers, other highways, and railroads;
          ``(2) inventory all tunnels on public roads, on and off 
        Federal-aid highways, including tribally owned and federally 
        owned tunnels;
          ``(3) identify each bridge or tunnel inventoried under 
        paragraph (1) or (2) that is structurally deficient or 
        functionally obsolete;
          ``(4) assign a risk-based priority for replacement or 
        rehabilitation of each structurally deficient bridge or tunnel 
        identified under paragraph (3) after consideration of safety, 
        serviceability, and essentiality for public use, including the 
        potential impacts to emergency evacuation routes and to 
        regional and national freight and passenger mobility if the 
        serviceability of the bridge or tunnel is diminished; and
          ``(5) determine the cost of replacing each structurally 
        deficient bridge or tunnel identified under paragraph (3) with 
        a comparable facility or the cost of rehabilitating the bridge 
        or tunnel.
  ``(b) National Highway Bridge and Tunnel Inspection Standards.--
          ``(1) In general.--The Secretary shall establish and maintain 
        inspection standards for the proper safety inspection and 
        evaluation of all highway bridges and tunnels described in 
        subsections (a)(1) and (a)(2). The standards shall be designed 
        to ensure uniformity in the conduct of such inspections and 
        evaluations.
          ``(2) Minimum requirements for inspection standards.--At a 
        minimum, the standards established under paragraph (1) shall--
                  ``(A) specify, in detail, the method by which 
                inspections will be carried out by States, Federal 
                agencies, and tribal governments;
                  ``(B) establish the maximum time period between 
                inspections;
                  ``(C) establish the qualifications for those charged 
                with carrying out inspections;
                  ``(D) require each State, Federal agency, and tribal 
                government to maintain and make available to the 
                Secretary upon request--
                          ``(i) written reports on the results of 
                        highway bridge and tunnel inspections, together 
                        with notations of any action taken pursuant to 
                        the findings of such inspections; and
                          ``(ii) inventory data for all highway bridges 
                        and tunnels described in subsections (a)(1) and 
                        (a)(2) under the jurisdiction of the State, 
                        Federal agency, or tribal government that 
                        reflect the findings of the most recent highway 
                        bridge and tunnel inspections;
                  ``(E) establish a procedure for national 
                certification of highway bridge and tunnel inspectors;
                  ``(F) establish, in consultation with the States, 
                Federal agencies, and interested and knowledgeable 
                private organizations and individuals, procedures for 
                the Secretary to conduct reviews of State and Federal 
                agency compliance with the standards established under 
                this subsection; and
                  ``(G) establish, in consultation with the States, 
                Federal agencies, and interested and knowledgeable 
                private organizations and individuals, procedures for 
                the States to follow in reporting to the Secretary--
                          ``(i) critical findings relating to 
                        structural safety-related deficiencies of 
                        highway bridges and tunnels; and
                          ``(ii) monitoring activities and corrective 
                        actions taken in response to a critical finding 
                        described in clause (i).
          ``(3) Compliance requirements.--
                  ``(A) Reviews of state compliance.--The Secretary 
                shall annually review State compliance with the 
                standards established under this section.
                  ``(B) Findings of noncompliance.--If the Secretary 
                identifies noncompliance by a State in conducting an 
                annual review under subparagraph (A), the Secretary 
                shall issue a report detailing the noncompliance by 
                December 31 of the calendar year in which the review is 
                conducted and shall provide the State an opportunity to 
                address the noncompliance by--
                          ``(i) developing a corrective action plan to 
                        remedy the noncompliance; or
                          ``(ii) resolving the noncompliance within 45 
                        days of receiving notification of the 
                        noncompliance.
          ``(4) Penalty for noncompliance.--
                  ``(A) Funding requirement.--If the Secretary 
                identifies noncompliance by a State in conducting an 
                annual review under paragraph (3)(A) in a calendar 
                year, and the State fails to address the noncompliance 
                in the manner described in paragraph (3)(B) by August 1 
                of the succeeding year, on October 1 of such succeeding 
                year, and each year thereafter as necessary, the 
                Secretary shall require the State to dedicate funds 
                apportioned to the State under sections 104(b)(1) and 
                104(b)(3) to correct the noncompliance.
                  ``(B) Amount.--The amount of the funds dedicated to 
                correcting the noncompliance in accordance with 
                subparagraph (A) shall--
                          ``(i) be determined by the State based on an 
                        analysis of the actions needed to address the 
                        noncompliance; and
                          ``(ii) require approval by the Secretary.
  ``(c) Training Program for Bridge and Tunnel Inspectors.--The 
Secretary, in cooperation with State transportation departments, shall 
establish a program designed to train appropriate personnel to carry 
out highway bridge and tunnel inspections.
  ``(d) Availability of Funds.--In carrying out this section--
          ``(1) the Secretary may use funds made available to the 
        Secretary under sections 104(a) and 503;
          ``(2) a State may use amounts apportioned to the State under 
        sections 104(b)(1), 104(b)(3), and 104(b)(5);
          ``(3) an Indian tribe may use funds made available to the 
        Indian tribe under section 502; and
          ``(4) a Federal agency may use funds made available to the 
        agency under section 503.''.
  (b) Clerical Amendment.--The analysis for chapter 1 is amended by 
striking the item relating to section 151 and inserting the following:

``151. National highway bridge and tunnel inventory and inspection 
program.''.

SEC. 1115. MINIMUM INVESTMENT IN HIGHWAY BRIDGES.

  (a) Minimum Investment Requirements.--
          (1) National highway system bridges.--Out of amounts 
        apportioned to a State for a fiscal year under each of sections 
        104(b)(1) and 104(b)(3) of title 23, United States Code, an 
        amount equal to 10 percent of such amounts shall be available 
        to the State only for eligible projects on highway bridges on 
        the National Highway System if the Secretary determines under 
        paragraph (3) for the fiscal year that more than 10 percent of 
        the total deck area of highway bridges in the State on the 
        National Highway System is located on highway bridges that have 
        been classified as structurally deficient.
          (2) Bridges not on federal-aid highways.--Out of amounts 
        apportioned to a State for a fiscal year under section 
        104(b)(3) of title 23, United States Code, an amount equal to 
        110 percent of the amount that the State was required to expend 
        for fiscal year 2009 on projects under section 144(f)(2) of 
        such title (as in effect on the day before the date of 
        enactment of this Act) shall be available to the State only for 
        eligible projects on highway bridges not on Federal-aid 
        highways if the Secretary determines under paragraph (3) for 
        the fiscal year that--
                  (A) more than 15 percent of the total deck area of 
                highway bridges not on Federal-aid highways in the 
                State is located on highway bridges not on Federal-aid 
                highways that have been classified as structurally 
                deficient; or
                  (B) more than 2,000 highway bridges not on Federal-
                aid highways in the State are classified as 
                structurally deficient.
          (3) Use of data in national bridge and tunnel inventory.--The 
        Secretary shall make the determinations under paragraphs (1) 
        and (2) with respect to a State for a fiscal year based on an 
        average of the final data concerning highway bridges in the 
        State contained in the national bridge and tunnel inventory for 
        the most recent 3 calendar years for which such data are 
        available.
          (4) Applicability.--This subsection shall apply to amounts 
        apportioned for each of fiscal years 2013 through 2016.
          (5) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Eligible project.--The term ``eligible project'' 
                means a project to replace (including replacement with 
                fill material), rehabilitate, preserve, or protect 
                (including through painting, scour countermeasures, 
                seismic retrofits, impact protection measures, security 
                countermeasures, and protection against extreme events) 
                a bridge or tunnel on a public road of any functional 
                classification.
                  (B) National bridge and tunnel inventory.--The term 
                ``national bridge and tunnel inventory'' means the 
                national bridge and tunnel inventory established under 
                section 151 of title 23, United States Code (as amended 
                by this title).
  (b) Bridge Rehabilitation and Replacement.--Section 217(e) is amended 
by striking ``then such bridge'' and all that follows before the period 
at the end and inserting ``the State carrying out the rehabilitation or 
replacement is encouraged to provide such safe accommodations as part 
of the rehabilitation or replacement''.

SEC. 1116. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE 
                    INTOXICATED OR DRIVING UNDER THE INFLUENCE.

  (a) Definitions.--Section 164(a) 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 paragraph (2) of 
        this subsection, by amending subparagraph (A) to read as 
        follows:
                  ``(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 with limited driving 
                        privileges permitted (subject to requirements 
                        established under State law) if an ignition 
                        interlock device is installed for not less than 
                        1 year on each motor vehicle owned or operated, 
                        or both, by the individual;''.
  (b) Transfer of Funds.--Section 164(b)(1)(A) is amended by striking 
``alcohol-impaired driving countermeasures'' and inserting ``projects 
and activities addressing impaired driving (as such term is defined in 
section 402(p)(11))''.

SEC. 1117. PUERTO RICO HIGHWAY PROGRAM.

  (a) In General.--Section 165 is amended by striking subsections (a) 
and (b) and inserting the following:
  ``(a) Allocation of Funds.--On October 1 of each fiscal year, the 
Secretary shall allocate the funds made available for the fiscal year 
to carry out this section to the Commonwealth of Puerto Rico to carry 
out a highway program in the Commonwealth.
  ``(b) Applicability of Title.--Amounts made available to carry out 
this section shall be available for obligation in the same manner as if 
such funds were apportioned under this chapter.''.
  (b) Conforming Amendment.--Section 165 is amended--
          (1) in subsection (c)(1) by striking ``sections 104(b) and 
        144'' and inserting ``section 104(b)''; and
          (2) in subsection (d) by striking ``sections 104 and 144'' 
        and inserting ``section 104''.

SEC. 1118. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

  (a) Apportionment.--The Secretary shall apportion funds made 
available under section 1101(a) for the Appalachian development highway 
system program for each of fiscal years 2013 through 2016 among the 
States in the ratio that--
          (1) the latest available cost to complete estimate for the 
        Appalachian development highway system under section 14501 of 
        title 40, United States Code, with respect to each State; bears 
        to
          (2) the latest available cost to complete estimate for that 
        system with respect to all States.
  (b) Minimum and Maximum Apportionment.--Notwithstanding subsection 
(a), each State that receives an apportionment under subsection (a) 
shall receive--
          (1) not less than 1 percent of the funds apportioned under 
        this section; and
          (2) not more than 25 percent of the funds apportioned under 
        this section.
  (c) Applicability of Title 23.--Funds made available under section 
1101(a) of this Act for the Appalachian development highway system 
program shall be available for obligation in the same manner as if such 
funds were apportioned under chapter 1 of title 23, United States Code, 
except that the Federal share of the cost of any project under this 
section shall be determined in accordance with section 14501 of title 
40, United States Code, and such funds shall be available to construct 
highways and access roads under such section 14501 and shall remain 
available until expended.
  (d) Credit for Non-Federal Share.--Section 120(j)(1)(A) is amended by 
striking ``and the Appalachian development highway system program under 
section 14501 of title 40''.

SEC. 1119. REFERENCES TO MASS TRANSIT ACCOUNT.

  Any reference to the Mass Transit Account of the Highway Trust Fund 
in title 23 or 49, United States Code, or in any other provision of law 
shall be deemed to refer to the Alternative Transportation Account of 
the Highway Trust Fund.

                    Subtitle B--Innovative Financing

SEC. 1201. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION.

  (a) Definitions.--
          (1) Eligible project costs.--Section 601(a)(1) is amended in 
        the matter preceding subparagraph (A) by inserting 
        ``(regardless of when incurred)'' after ``including the cost''.
          (2) Contingent commitment.--Section 601(a) is amended--
                  (A) by redesignating paragraphs (2), (3), (4), (5), 
                (6), (7), (8), (9), (10), (11), (12), (13), and (14) as 
                paragraphs (3), (4), (5), (6), (7), (9), (10), (11), 
                (12), (14), (15), (16), and (17), respectively; and
                  (B) by inserting after paragraph (1) the following:
          ``(2) Contingent commitment.--The term `contingent 
        commitment' means a commitment to obligate an amount from 
        future available budget authority, but is not an obligation of 
        the Federal Government.''.
          (3) Master credit agreement.--Section 601(a) (as amended by 
        paragraph (2)(A) of this subsection) is further amended by 
        inserting after paragraph (7) the following:
          ``(8) Master credit agreement.--The term `master credit 
        agreement' means an agreement entered into by and between the 
        Secretary and an obligor for a project that--
                  ``(A) makes contingent commitments of one or more 
                secured loans or other Federal credit instruments at 
                future dates, subject to the provision of future budget 
                authority;
                  ``(B) establishes the amounts and general terms and 
                conditions of such secured loans or other Federal 
                credit instruments;
                  ``(C) identifies the dedicated revenue sources that 
                will secure the repayment of such secured loans or 
                other Federal credit instruments, which may differ by 
                project; and
                  ``(D) provides for the obligation of funds for such a 
                secured loan or other Federal credit instrument, 
                subject to the provision of future budget authority, 
                for a project included in the agreement after all 
                requirements under this section have been met for the 
                project.''.
          (4) Obligor.--Section 601(a)(9) (as redesignated by paragraph 
        (2)(A) of this subsection) is amended by inserting ``limited 
        liability company,'' after ``corporation,''.
          (5) Project.--Section 601(a)(10) (as redesignated by 
        paragraph (2)(A) of this subsection) is amended--
                  (A) by striking ``and'' at the end of subparagraph 
                (C);
                  (B) by striking the period at the end of subparagraph 
                (D) and inserting a semicolon; and
                  (C) by adding at the end the following:
                  ``(E) a program of related transportation projects 
                that--
                          ``(i) are coordinated to achieve a common 
                        transportation goal;
                          ``(ii) are eligible for funding under this 
                        title or chapter 53 of title 49; and
                          ``(iii) together receive not more than 30 
                        percent of their funding for capital costs from 
                        Federal grant funds made available under this 
                        title or chapter 53 of title 49; and
                  ``(F) a highway, transit, or pedestrian project, or 
                grouping of projects, that--
                          ``(i) improves mobility; and
                          ``(ii) is located within the station area of 
                        a transit, passenger rail, or intercity bus 
                        station.''.
          (6) Rural infrastructure project.--Section 601(a) (as amended 
        by paragraph (2)(A) of this subsection) is further amended by 
        inserting after paragraph (12) the following:
          ``(13) Rural infrastructure project.--The term `rural 
        infrastructure project' means a surface transportation 
        infrastructure project located in any area other than an 
        urbanized area that has a population of greater than 250,000 
        inhabitants.''.
          (7) Subsidy amount.--Section 601(a)(16) (as redesignated by 
        paragraph (2)(A) of this subsection) is amended by inserting 
        ``, or other source of funds provided pursuant to section 
        608(c)(2),'' after ``budget authority''.
  (b) Project Applications and Determinations of Eligibility.--
          (1) In general.--Section 602 is amended to read as follows:

``Sec. 602. Project applications and determinations of eligibility

  ``(a) Project Applications.--
          ``(1) In general.--A State, local government, agency or 
        instrumentality of a State or local government, public 
        authority, private party to a public-private partnership, or 
        any other legal entity undertaking a project may submit to the 
        Secretary an application requesting financial assistance under 
        this chapter for the project.
          ``(2) Master credit agreements.--An application submitted 
        under paragraph (1) may request that financial assistance under 
        this chapter be provided under a master credit agreement.
          ``(3) Applications where obligor will be identified later.--A 
        State, local government, agency or instrumentality of a State 
        or local government, or public authority may submit an 
        application to the Secretary under paragraph (1) under which a 
        private party to a public-private partnership will be the 
        obligor and will be identified later through completion of a 
        procurement and selection of the private party.
  ``(b) Eligibility.--
          ``(1) Approval.--The Secretary shall approve an application 
        submitted under subsection (a)(1) for each project that meets 
        the criteria specified in paragraph (2).
          ``(2) Criteria.--To be eligible to receive financial 
        assistance under this chapter, a project shall meet the 
        following criteria:
                  ``(A) Inclusion in transportation plans and 
                programs.--The project shall satisfy the applicable 
                planning and programmatic requirements of sections 5203 
                and 5204 of title 49--
                          ``(i) in the case of an application for 
                        financial assistance to be provided under a 
                        master credit agreement, at such time as credit 
                        assistance is provided for the project pursuant 
                        to the master credit agreement; and
                          ``(ii) in the case of any other project 
                        application, at such time as an agreement to 
                        make available a Federal credit instrument is 
                        entered into under this chapter.
                  ``(B) Creditworthiness.--
                          ``(i) In general.--The project shall satisfy 
                        applicable creditworthiness standards, 
                        including, at a minimum--
                                  ``(I) a rate covenant, if applicable;
                                  ``(II) adequate coverage requirements 
                                to ensure repayment;
                                  ``(III) an investment grade rating 
                                from at least 2 rating agencies on debt 
                                senior to the Federal credit 
                                instrument; and
                                  ``(IV) a rating from at least 2 
                                rating agencies on the Federal credit 
                                instrument.
                          ``(ii) Amounts less than $75,000,000.--
                        Notwithstanding clauses (i)(III) and (i)(IV), 
                        if the senior debt and Federal credit 
                        instrument is for an amount less than 
                        $75,000,000, 1 rating agency opinion for each 
                        of the senior debt and Federal credit 
                        instrument shall be sufficient.
                          ``(iii) Federal credit instruments that are 
                        the senior debt.--Notwithstanding clauses 
                        (i)(III) and (i)(IV), in a case in which the 
                        Federal credit instrument is the senior debt, 
                        the Federal credit instrument shall be required 
                        to receive an investment grade rating from at 
                        least 2 rating agencies.
                  ``(C) Eligible project costs.--The eligible costs of 
                the project--
                          ``(i) in the case of a project described in 
                        section 601(a)(9)(F) or a project principally 
                        involving the installation of an intelligent 
                        transportation system, shall be reasonably 
                        anticipated to equal or exceed $15,000,000;
                          ``(ii) in the case of a project for which 
                        financial assistance will be provided under a 
                        master credit agreement, shall be reasonably 
                        anticipated to equal or exceed $1,000,000,000;
                          ``(iii) in the case of a rural infrastructure 
                        project, shall be reasonably anticipated to 
                        equal or exceed $25,000,000; and
                          ``(iv) in the case of any other project, 
                        shall be reasonably anticipated to equal or 
                        exceed the lesser of--
                                  ``(I) $50,000,000; or
                                  ``(II) 33\1/3\ percent of the amount 
                                apportioned, out of amounts made 
                                available from the Highway Trust Fund 
                                (other than the Alternative 
                                Transportation Account), to the State 
                                in which the project is located for 
                                Federal-aid highway and highway safety 
                                construction programs for the most 
                                recently completed fiscal year.
                  ``(D) Dedicated revenue sources.--The Federal credit 
                instrument for the project shall be repayable, in whole 
                or in part, from tolls, user fees, payments owing to 
                the obligor under a public-private partnership, or 
                other dedicated revenue sources that also secure or 
                fund the project obligations.
                  ``(E) Regional significance.--The project shall be 
                regionally significant (as defined in regulations 
                implementing sections 134 and 135 (as in effect on the 
                day before the date of enactment of the American Energy 
                and Infrastructure Jobs Act of 2012)) or otherwise 
                significantly enhance the national transportation 
                system.
                  ``(F) Public sponsorship of private entities.--In the 
                case of a project undertaken by an entity that is not a 
                State or local government (or an agency or 
                instrumentality of a State or local government), the 
                project shall be publicly sponsored as provided under 
                subsection (a).
                  ``(G) Beneficial effects.--The Secretary shall 
                determine that financial assistance for the project 
                under this chapter will--
                          ``(i) foster an innovative public-private 
                        partnership and attract private debt or equity 
                        investment for the project;
                          ``(ii) enable the project to proceed at an 
                        earlier date than the project would otherwise 
                        be able to proceed or reduce the project's life 
                        cycle costs, including debt service costs; and
                          ``(iii) reduce the contribution of Federal 
                        grant assistance for the project.
                  ``(H) Project readiness.--The applicant shall 
                demonstrate that the contracting process for 
                construction of the project can be commenced not later 
                than 90 days after the date on which a Federal credit 
                instrument is secured for the project under this 
                chapter.
  ``(c) Preliminary Rating Opinion Letter.--For purposes of subsection 
(b)(2)(B), the Secretary shall require each applicant for a project to 
provide a preliminary rating opinion letter from at least 1 rating 
agency indicating that the project's senior obligations, which may 
consist, in whole or in part, of the Federal credit instrument, have 
the potential to achieve an investment-grade rating.
  ``(d) Approval of Applications and Funding.--
          ``(1) In general.--The Secretary shall--
                  ``(A) approve applications for projects that meet the 
                criteria specified in subsection (b)(2) in the order in 
                which the Secretary receives the applications; and
                  ``(B) commit or conditionally commit budget authority 
                for projects, out of amounts made available to carry 
                out this chapter for a fiscal year, in the order in 
                which the Secretary approves the applications for such 
                projects.
          ``(2) Insufficient funds.--If the Secretary approves an 
        application submitted under subsection (a)(1) for a project in 
        a fiscal year, but is unable to provide financial assistance 
        for the project in that fiscal year as a result of prior 
        commitments or conditional commitments of budget authority 
        under this chapter, the Secretary shall provide the project 
        sponsor with the option of receiving such financial assistance 
        as soon as sufficient budget authority is made available to 
        carry out this chapter in a subsequent fiscal year.
  ``(e) Procedures for Determining Project Eligibility.--
          ``(1) Establishment.--The Secretary shall establish 
        procedures for--
                  ``(A) processing applications received under 
                subsection (a)(1) requesting financial assistance for 
                projects; and
                  ``(B) approving or disapproving the applications 
                based on whether the projects meet the criteria 
                specified in subsection (b)(2).
          ``(2) Application processing procedures.--The procedures 
        shall meet the following requirements:
                  ``(A) The procedures may not restrict when 
                applications may be filed.
                  ``(B) The procedures shall ensure that--
                          ``(i) the Secretary will provide written 
                        notice to an applicant, on or before the 15th 
                        day following the date of receipt of the 
                        applicant's application, informing the 
                        applicant of whether the application is 
                        complete;
                          ``(ii) if the application is complete, the 
                        Secretary will provide written notice to the 
                        applicant, on or before the 60th day following 
                        the date of issuance of written notice for the 
                        application under clause (i), informing the 
                        applicant of whether the Secretary has approved 
                        or disapproved the application;
                          ``(iii) if the application is not complete, 
                        the Secretary will provide written notice to 
                        the applicant, together with the written notice 
                        issued for the application under clause (i), 
                        informing the applicant of the information and 
                        materials needed to complete the application; 
                        and
                          ``(iv) if the Secretary does not provide 
                        written notice to an applicant under clause (i) 
                        in the 15-day period specified in clause (i)--
                                  ``(I) the applicant's application is 
                                deemed complete; and
                                  ``(II) the Secretary will provide 
                                written notice to the applicant, on or 
                                before the 60th day following the last 
                                day of such 15-day period, informing 
                                the applicant of whether the Secretary 
                                has approved or disapproved the 
                                application.
                  ``(C) The procedures may not use eligibility criteria 
                that are supplemental to those established by this 
                chapter.
                  ``(D) In accordance with subsection (b)(1), the 
                procedures shall require approval of an application if 
                the project meets the eligibility criteria specified in 
                subsection (b)(2).
                  ``(E) The procedures shall require that any written 
                notice of disapproval of an application identify the 
                eligibility criteria that were not satisfied and 
                contain an explanation of the deficiencies that 
                resulted in failure to meet such criteria.
          ``(3) Special rules for master credit agreements.--The 
        Secretary shall issue special rules for--
                  ``(A) processing applications under which financial 
                assistance will be provided under a master credit 
                agreement; and
                  ``(B) approving or disapproving such applications 
                based on whether the proposed project or program of 
                related projects meets the applicable eligibility 
                criteria specified in section 601(a)(7).
  ``(f) Application Approval.--Approval of an application for a project 
under subsection (a)(1) qualifies the project for execution of a 
conditional term sheet establishing a conditional commitment of credit 
assistance.
  ``(g) Federal Requirements.--In addition to the requirements of this 
title for highway projects, chapter 53 of title 49 for public 
transportation projects, and section 5333(a) of title 49 for rail 
projects, the following provisions of law shall apply to funds made 
available under this chapter and projects assisted with the funds:
          ``(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
        2000d et seq.).
          ``(2) The National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
          ``(3) The Uniform Relocation Assistance and Real Property 
        Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
  ``(h) Development Phase Activities.--Any credit instrument secured 
under this chapter may be used to finance 100 percent of the cost of 
development phase activities as described in section 601(a)(1)(A) if 
the total amount of the credit instrument does not exceed the maximum 
amount for such instrument prescribed in this chapter.''.
          (2) Clerical amendment.--The analysis for chapter 6 is 
        amended by striking the item relating to section 602 and 
        inserting the following:

``602. Project applications and determinations of eligibility.''.

  (c) Secured Loans.--
          (1) In general.--
                  (A) Approval of projects.--Section 603(1) is amended 
                by striking ``selected'' each place it appears and 
                inserting ``approved''.
                  (B) Agreements.--Section 603(a)(1) is amended in the 
                matter preceding subparagraph (A) by inserting ``, 
                including master credit agreements,'' after 
                ``agreements''.
                  (C) Risk assessment.--Section 603(a)(3) is amended by 
                striking ``602(b)(2)(B)'' and inserting ``602(c)''.
          (2) Terms and limitations.--
                  (A) In general.--Section 603(b)(1) is amended by 
                inserting ``are consistent with this chapter and its 
                purpose and that'' before ``the Secretary determines 
                appropriate.''.
                  (B) Maximum amounts.--Section 603(b)(2) is amended to 
                read as follows:
          ``(2) Maximum amounts.--The amount of the secured loan may 
        not exceed 49 percent of the reasonably anticipated eligible 
        project costs.''.
                  (C) Payment.--Section 603(b)(3)(A)(i) is amended by 
                inserting ``payments owing to the obligor under a 
                public-private partnership,'' before ``or other 
                dedicated revenue sources''.
                  (D) Nonsubordination.--Section 603(b)(6) is amended 
                by inserting after ``project obligations'' the 
                following: ``entered into after the date on which the 
                agreement to provide the secured loan is entered into 
                under this section (except that such obligations do not 
                include project obligations issued to refund prior 
                project obligations or project obligations not 
                contemplated by the parties at the time)''.
  (d) Lines of Credit.--
          (1) Approval of projects.--Section 604(a)(1) is amended by 
        striking ``selected'' and inserting ``approved''.
          (2) Risk assessment.--Section 604(a)(3) is amended by 
        striking ``602(b)(2)(B)'' and inserting ``602(c)''.
          (3) Terms and limitations.--
                  (A) In general.--Section 604(b)(1) is amended by 
                inserting ``are consistent with this chapter and its 
                purpose and that'' before ``the Secretary determines 
                appropriate.''.
                  (B) Maximum amounts.--Section 604(b)(2) is amended to 
                read as follows:
          ``(2) Maximum amounts.--The total amount of the line of 
        credit may not exceed 49 percent of the reasonably anticipated 
        eligible project costs.''.
                  (C) Security.--Section 604(b)(5)(A)(i) is amended by 
                inserting ``payments owing to the obligor under a 
                public-private partnership,'' before ``or other 
                dedicated revenue sources''.
                  (D) Nonsubordination.--Section 604(b)(8) is amended 
                by inserting after ``project obligations'' the 
                following: ``entered into after the date on which the 
                agreement to provide the direct loan is entered into 
                under this section (except that such obligations do not 
                include project obligations issued to refund prior 
                project obligations or project obligations not 
                contemplated by the parties at the time)''.
                  (E) Relationship to other credit instruments.--
                Section 604(b)(10) is amended by striking ``33 
                percent'' and inserting ``49 percent''.
  (e) Program Administration.--Section 605 is amended by adding at the 
end the following:
  ``(e) Expedited Processing.--The Secretary shall implement procedures 
and measures to economize the time and cost involved in obtaining 
approval and the issuance of credit assistance under this chapter.''.
  (f) Funding.--
          (1) In general.--Section 608(a)(1) is amended to read as 
        follows:
          ``(1) In general.--There is authorized to be appropriated 
        from the Highway Trust Fund (other than the Alternative 
        Transportation Account) to carry out this chapter 
        $1,000,000,000 for each of fiscal years 2013 through 2016.''.
          (2) Administrative costs.--Section 608(a)(3) is amended by 
        striking ``$2,200,000 for each of fiscal years 2005 through 
        2009'' and inserting ``$3,250,000 for each of fiscal years 2013 
        through 2016''.
          (3) Projects under a master credit agreement.--Section 608(a) 
        is amended by adding at the end the following:
          ``(4) Projects under a master credit agreement.--The 
        Secretary may commit or conditionally commit to projects 
        covered by master credit agreements not more than 15 percent of 
        the amount of budget authority for each fiscal year under 
        paragraph (1). This limitation does not apply to a project 
        under a master credit agreement that has received final credit 
        approval.''.
          (4) Exhaustion of availability.--Section 608 is amended by 
        adding at the end the following:
  ``(c) Exhaustion of Availability.--
          ``(1) Notice of exhaustion.--Whenever the Secretary fully 
        commits budget authority available in a fiscal year under 
        subparagraph (a)(1), the Secretary shall--
                  ``(A) publish notice of that fact in the Federal 
                Register; and
                  ``(B) deliver written notice of that fact to the 
                applicants under all approved and pending applications.
          ``(2) Election to use other sources for subsidy amount.--An 
        applicant may elect in its application or at any time after 
        receipt of such notice to pay the subsidy amount from available 
        sources other than the budget authority available in a fiscal 
        year under subparagraph (a)(1), including from Federal 
        assistance available to the applicant under this title or 
        chapter 53 of title 49.
  ``(d) Use of Unallocated Funds.--
          ``(1) Distribution among states.--On September 1 of each 
        fiscal year, the Secretary shall distribute any remaining 
        budget authority made available in subsection (a)(1) among the 
        States in the ratio that--
                  ``(A) the amount authorized to be apportioned, out of 
                amounts made available from the Highway Trust Fund 
                (other than the Alternative Transportation Account), to 
                each State for the National Highway System program, the 
                surface transportation program, and highway safety 
                improvement program for the fiscal year; bears to
                  ``(B) the amount authorized to be apportioned, out of 
                amounts made available from the Highway Trust Fund 
                (other than the Alternative Transportation Account), to 
                all States for the National Highway System program, the 
                surface transportation program, and highway safety 
                improvement program for the fiscal year.
          ``(2) Eligible purposes.--Such budget authority shall be 
        available for any purpose eligible for funding under section 
        133.''.

SEC. 1202. STATE INFRASTRUCTURE BANK PROGRAM.

   (a) Funding.--
          (1) In general.--Section 610(d) is amended--
                  (A) by striking ``fiscal years 2005 through 2009'' 
                each place that it appears and inserting ``fiscal years 
                2013 through 2016''; and
                  (B) by striking ``10 percent'' each place that it 
                appears and inserting ``15 percent''.
          (2) Highway accounts.--Section 610(d)(1) is amended--
                  (A) in subparagraph (A) by striking ``and'' at the 
                end;
                  (B) in subparagraph (B) by striking the period at the 
                end and inserting ``; and''; and
                  (C) by adding at the end the following:
                  ``(C) 100 percent of the funds apportioned to the 
                State for each of fiscal years 2013 through 2016 under 
                section 611.''.
  (b) Program Administration.--Section 610(k) is amended by striking 
``fiscal years 2005 through 2009'' and inserting ``fiscal years 2013 
through 2016''.

SEC. 1203. STATE INFRASTRUCTURE BANK CAPITALIZATION.

  (a) In General.--Chapter 6 is amended by adding at the end the 
following:

``Sec. 611. State infrastructure bank capitalization

  ``(a) Apportionment of Funds.--On October 1 of each fiscal year, the 
Secretary shall apportion amounts made available to carry out this 
section for a fiscal year among the States in the ratio that--
          ``(1) the amount authorized to be apportioned, out of amounts 
        made available from the Highway Trust Fund (other than the 
        Alternative Transportation Account), to each State for the 
        National Highway System program, the surface transportation 
        program, and highway safety improvement program for the fiscal 
        year; bears to
          ``(2) the amount authorized to be apportioned, out of amounts 
        made available from the Highway Trust Fund (other than the 
        Alternative Transportation Account), to all States for the 
        National Highway System program, the surface transportation 
        program, and highway safety improvement program for the fiscal 
        year.
  ``(b) Eligible Uses of Funding.--
          ``(1) In general.--Except as provided in paragraph (2), funds 
        apportioned to a State under subsection (a) shall be used by 
        the State to make capitalization grants to the highway account 
        of the State's infrastructure bank established under section 
        610.
          ``(2) Fiscal years 2013 and 2014.--Funds apportioned to a 
        State under subsection (a) for fiscal years 2013 and 2014 may 
        be used by the State for eligible projects on the National 
        Highway System, as described in section 119(d).
  ``(c) Reapportionment of Funds.--For fiscal year 2015 and each fiscal 
year thereafter, if by August 1 of the fiscal year a State does not 
obligate the funds apportioned to the State for the fiscal year under 
subsection (a) for providing capitalization grants described in 
subsection (b), the Secretary shall reapportion the remaining funds 
among those States that--
          ``(1) did obligate before such date all of the funds 
        apportioned to the State for the fiscal year under subsection 
        (a); and
          ``(2) certify to the Secretary that the State will use the 
        additional funds to make capitalization grants described in 
        subsection (b) before the end of the fiscal year.
  ``(d) Limitation.--Any reapportionment of funds pursuant to 
subsection (d) shall not require a recalculation of percentages under 
section 105.
  ``(e) Applicability of Federal Law.--The requirements referred to in 
section 610(h) shall apply to any funds apportioned under this section.
  ``(f) Funding.--
          ``(1) In general.--There is authorized to be appropriated out 
        of the Highway Trust Fund (other than the Alternative 
        Transportation Account) to carry out this section $750,000,000 
        for each of fiscal years 2013 through 2016.
          ``(2) Contract authority.--Funds made available under 
        paragraph (1) shall be available for obligation in the same 
        manner as if the funds were apportioned under chapter 1.''.
  (b) Clerical Amendment.--The analysis for chapter 6 is amended by 
adding at the end the following:

``611. State infrastructure bank capitalization.''.

SEC. 1204. TOLLING.

  (a) Amendment to Tolling Provision.--Section 129(a) is amended to 
read as follows:
  ``(a) Basic Program.--
          ``(1) Authorization for federal participation.--Subject to 
        the provisions of this section, Federal participation shall be 
        permitted on the same basis and in the same manner as 
        construction of toll-free highways is permitted under this 
        chapter in the--
                  ``(A) initial construction of a toll highway, bridge, 
                or tunnel or approach thereto;
                  ``(B) initial construction of one or more lanes or 
                other improvements that increase capacity of a highway, 
                bridge, or tunnel (other than a highway on the 
                Interstate System) and conversion of that highway, 
                bridge, or tunnel to a tolled facility;
                  ``(C) initial construction of one or more lanes or 
                other improvements that increase the capacity of a 
                highway, bridge, or tunnel on the Interstate System and 
                conversion of that highway, bridge, or tunnel to a 
                tolled facility, if the number of toll-free non-HOV 
                lanes, excluding auxiliary lanes, after such 
                construction is not less than the number of toll-free 
                non-HOV lanes, excluding auxiliary lanes, before such 
                construction;
                  ``(D) reconstruction, resurfacing, restoration, 
                rehabilitation, or replacement of a toll highway, 
                bridge, or tunnel or approach thereto;
                  ``(E) reconstruction or replacement of a toll-free 
                bridge or tunnel and conversion of the bridge or tunnel 
                to a toll facility;
                  ``(F) reconstruction, restoration, or rehabilitation 
                of a toll-free Federal-aid highway (other than a 
                highway on the Interstate System) and conversion of the 
                highway to a toll facility;
                  ``(G) reconstruction, restoration, or rehabilitation 
                of a highway on the Interstate System if the number of 
                toll-free non-HOV lanes, excluding auxiliary lanes, 
                after reconstruction, restoration, or rehabilitation is 
                not less than the number of toll-free non-HOV lanes, 
                excluding auxiliary lanes, before reconstruction, 
                restoration or rehabilitation;
                  ``(H) conversion of a high occupancy vehicle lane on 
                a highway, bridge, or tunnel to a toll facility; and
                  ``(I) preliminary studies to determine the 
                feasibility of a toll facility for which Federal 
                participation is authorized under this paragraph.
          ``(2) Ownership.--Each highway, bridge, tunnel, or approach 
        thereto constructed under this subsection must--
                  ``(A) be publicly owned; or
                  ``(B) be privately owned if the public authority with 
                jurisdiction over the highway, bridge, tunnel, or 
                approach has entered into a contract with a private 
                person or persons to design, finance, construct, and 
                operate the facility and the public authority will be 
                responsible for complying with all applicable 
                requirements of this title with respect to the 
                facility.
          ``(3) Limitations on use of revenues.--
                  ``(A) In general.--A public authority with 
                jurisdiction over a toll facility shall use all toll 
                revenues received from operation of the toll facility 
                only for--
                          ``(i) debt service with respect to the 
                        projects on or for which the tolls are 
                        authorized, including funding of reasonable 
                        reserves and debt service on refinancing;
                          ``(ii) reasonable return on investment of any 
                        private person financing the project, as 
                        determined by the State or interstate compact 
                        of States concerned;
                          ``(iii) any costs necessary for the 
                        improvement and proper operation and 
                        maintenance of the toll facility, including 
                        reconstruction, resurfacing, restoration, and 
                        rehabilitation;
                          ``(iv) if the toll facility is subject to a 
                        public-private partnership agreement, payments 
                        that the party holding the right to toll 
                        revenues owes to the other party under the 
                        public-private partnership agreement; and
                          ``(v) if the public authority certifies 
                        annually that the tolled facility is being 
                        adequately maintained, the public authority may 
                        use toll revenues for any other purpose for 
                        which Federal funds may be obligated by a State 
                        under this title.
                  ``(B) Annual audit.--A public authority with 
                jurisdiction over a toll facility shall conduct or have 
                an independent auditor conduct an annual audit of toll 
                facility records to verify adequate maintenance and 
                compliance with subparagraph (A), and report the 
                results of such audits to the Secretary. Upon 
                reasonable notice, the public authority shall make all 
                records of the public authority pertaining to the toll 
                facility available for audit by the Secretary.
                  ``(C) Noncompliance.--If the Secretary concludes that 
                a public authority has not complied with the 
                limitations on the use of revenues described in 
                subparagraph (A), the Secretary may require the public 
                authority to discontinue collecting tolls until an 
                agreement with the Secretary is reached to achieve 
                compliance with the limitation on the use of revenues 
                described in subparagraph (A).
          ``(4) Limitations on conversion of high occupancy vehicle 
        facilities on interstate system.--
                  ``(A) In general.--A public authority with 
                jurisdiction over a high occupancy vehicle facility on 
                the Interstate System may undertake reconstruction, 
                restoration, or rehabilitation under subsection 
                (a)(1)(G) on the facility, and may levy tolls on 
                vehicles, excluding high occupancy vehicles, using the 
                reconstructed, restored, or rehabilitated facility, if 
                the public authority--
                          ``(i) in the case of a high occupancy vehicle 
                        facility that affects a metropolitan area, 
                        submits to the Secretary a written assurance 
                        that the metropolitan planning organization 
                        designated under section 5203 of title 49 for 
                        the area has been consulted concerning the 
                        placement and amount of tolls on the converted 
                        facility;
                          ``(ii) develops, manages, and maintains a 
                        system that will automatically collect the 
                        toll; and
                          ``(iii) establishes policies and procedures 
                        to--
                                  ``(I) manage the demand to use the 
                                facility by varying the toll amount 
                                that is charged; and
                                  ``(II) enforce sanctions for 
                                violations of use of the facility.
                  ``(B) Exemption from tolls.--In levying tolls on a 
                facility under subparagraph (A), a public authority may 
                designate classes of vehicles that are exempt from the 
                tolls or charge different toll rates for different 
                classes of vehicles.
          ``(5) Special rule for funding.--In the case of a toll 
        facility under the jurisdiction of a public authority of a 
        State (other than the State transportation department), upon 
        request of the State transportation department and subject to 
        such terms and conditions as such department and public 
        authority may agree, the Secretary, working through the State 
        department of transportation, shall reimburse such public 
        authority for the Federal share of the costs of construction of 
        the project carried out on the toll facility under this 
        subsection in the same manner and to the same extent as such 
        department would be reimbursed if such project was being 
        carried out by such department. The reimbursement of funds 
        under this paragraph shall be from sums apportioned to the 
        State under this chapter and available for obligations on 
        projects on the Federal-aid system in such State on which the 
        project is being carried out.
          ``(6) Limitation on federal share.--The Federal share payable 
        for a project described in paragraph (1) shall be a percentage 
        determined by the State but not to exceed 80 percent.
          ``(7) Modifications.--If a public authority (including a 
        State transportation department) with jurisdiction over a toll 
        facility subject to an agreement under this section or section 
        119(e), as in effect on the day before the effective date of 
        title I of the Intermodal Surface Transportation Efficiency Act 
        of 1991, requests modification of such agreement, the Secretary 
        shall modify such agreement to allow the continuation of tolls 
        in accordance with paragraph (3) without repayment of Federal 
        funds.
          ``(8) Loans.--
                  ``(A) In general.--Using amounts made available under 
                this title, a State may loan to a public or private 
                entity constructing or proposing to construct under 
                this section a toll facility or non-toll facility with 
                a dedicated revenue source an amount equal to all or 
                part of the Federal share of the cost of the project if 
                the project has a revenue source specifically dedicated 
                to it. Dedicated revenue sources for non-toll 
                facilities include excise taxes, sales taxes, motor 
                vehicle use fees, tax on real property, tax increment 
                financing, and such other dedicated revenue sources as 
                the Secretary determines appropriate.
                  ``(B) Compliance with federal laws.--As a condition 
                of receiving a loan under this paragraph, the public or 
                private entity that receives the loan shall ensure that 
                the project will be carried out in accordance with this 
                title and any other applicable Federal law, including 
                any applicable provision of a Federal environmental 
                law.
                  ``(C) Subordination of debt.--The amount of any loan 
                received for a project under this paragraph may be 
                subordinated to any other debt financing for the 
                project.
                  ``(D) Obligation of funds loaned.--Funds loaned under 
                this paragraph may only be obligated for projects under 
                this paragraph.
                  ``(E) Repayment.--The repayment of a loan made under 
                this paragraph shall commence not later than 5 years 
                after date on which the facility that is the subject of 
                the loan is open to traffic.
                  ``(F) Term of loan.--The term of a loan made under 
                this paragraph shall not exceed 30 years from the date 
                on which the loan funds are obligated.
                  ``(G) Interest.--A loan made under this paragraph 
                shall bear interest at or below market interest rates, 
                as determined by the State, to make the project that is 
                the subject of the loan feasible.
                  ``(H) Reuse of funds.--Amounts repaid to a State from 
                a loan made under this paragraph may be obligated--
                          ``(i) for any purpose for which the loan 
                        funds were available under this title; and
                          ``(ii) for the purchase of insurance or for 
                        use as a capital reserve for other forms of 
                        credit enhancement for project debt in order to 
                        improve credit market access or to lower 
                        interest rates for projects eligible for 
                        assistance under this title.
                  ``(I) Guidelines.--The Secretary shall establish 
                procedures and guidelines for making loans under this 
                paragraph.
          ``(9) State law permitting tolling.--If a State does not have 
        a highway, bridge, or tunnel toll facility as of the date of 
        enactment of the American Energy and Infrastructure Jobs Act of 
        2012, before commencing any activity authorized under this 
        section, the State must have in effect a law that permits 
        tolling on a highway, bridge, or tunnel.
          ``(10) Definitions.--In this subsection, the following 
        definitions apply:
                  ``(A) High occupancy vehicle; hov.--The term `high 
                occupancy vehicle' or `HOV' means a vehicle with no 
                fewer than 2 occupants.
                  ``(B) Initial construction.--The term `initial 
                construction' means the construction of a highway, 
                bridge, tunnel, or other facility at any time before it 
                is open to traffic and does not include any improvement 
                to a highway, bridge, tunnel, or other facility after 
                it is open to traffic.
                  ``(C) Public authority.--The term `public authority' 
                means a State, interstate compact of States, or public 
                entity designated by a State.
                  ``(D) Toll facility.--The term `toll facility' means 
                a toll highway, bridge, or tunnel or approach thereto 
                constructed under this subsection.''.
  (b) Electronic Toll Collection Interoperability Requirements.--Not 
later than 2 years after the date of enactment of this Act, all toll 
facilities on the Federal-aid highways shall implement technologies or 
business practices that provide for the interoperability of electronic 
toll collection programs.

SEC. 1205. HOV FACILITIES.

  (a) HOV Exceptions.--Section 166(b)(5) is amended--
          (1) in subparagraphs (A) and (B) by striking ``2009'' and 
        inserting ``2016''; and
          (2) in subparagraph (C)--
                  (A) by striking ``subparagraph (B)'' and inserting 
                ``this paragraph''; and
                  (B) by inserting ``or equal to'' after ``less than''.
  (b) Requirements Applicable to Tolls.--Section 166(c)(3) is amended 
to read as follows:
          ``(3) Toll revenue.--Toll revenue collected under this 
        section is subject to the requirements of section 129(a)(3).''.
  (c) HOV Facility Management, Operation, Monitoring, and 
Enforcement.--Section 166(d)(2) is amended by adding at the end the 
following:
                  ``(D) Maintenance of operating performance.--Not 
                later than 6 months after a facility has been 
                determined to be degraded pursuant to the standard 
                specified in subparagraph (B), the State agency with 
                jurisdiction over the facility shall bring the facility 
                into compliance with the minimum average operating 
                speed performance standard through changes to operation 
                of the facility, including--
                          ``(i) increasing the occupancy requirement 
                        for HOV lanes;
                          ``(ii) varying the toll charged to vehicles 
                        allowed under subsection (b) to reduce demand;
                          ``(iii) discontinuing allowing non-HOV 
                        vehicles to use HOV lanes under subsection (b); 
                        or
                          ``(iv) increasing the available capacity of 
                        the HOV facility.''.

SEC. 1206. PUBLIC-PRIVATE PARTNERSHIPS.

   (a) Best Practices.--The Secretary shall compile, and make available 
to the public on the Internet Web site of the Department, best 
practices on how States, public transportation agencies, and other 
public officials can work with the private sector in the development, 
financing, construction, and operation of transportation facilities.
  (b) Contents.--The best practices shall include polices and 
techniques to ensure that the interests of the traveling public and 
State and local governments are protected in any agreement entered into 
with the private sector for the development, financing, construction, 
and operation of transportation facilities.
  (c) Technical Assistance.--The Secretary, upon request, may provide 
technical assistance to States, public transportation agencies, and 
other public officials regarding proposed public-private partnership 
agreements for the development, financing, construction, and operation 
of transportation facilities, including assistance in analyzing whether 
the use of a public-private partnership agreement would provide value 
compared with traditional public delivery methods.
  (d) Standard Transaction Contracts.--
          (1) Development.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary shall develop standard 
        public-private partnership transaction model contracts for the 
        most popular types of public-private partnerships for the 
        development, financing, construction, and operation of 
        transportation facilities.
          (2) Use.--The Secretary shall encourage States, public 
        transportation agencies, and other public officials to use the 
        model contracts as a base template when developing their own 
        public-private partnership agreements for the development, 
        financing, construction, and operation of transportation 
        facilities.

                       Subtitle C--Highway Safety

SEC. 1301. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

  Section 148 is amended to read as follows:

``Sec. 148. Highway safety improvement program

  ``(a) Definitions.--In this section, the following definitions apply:
          ``(1) Highway safety improvement program.--The term `highway 
        safety improvement program' means the program carried out under 
        this section.
          ``(2) Highway safety improvement project.--The term `highway 
        safety improvement project' means a project consistent with an 
        applicable State strategic highway safety plan that--
                  ``(A) corrects or improves a roadway feature that 
                constitutes a hazard to any road users; or
                  ``(B) addresses any other highway safety problem.
          ``(3) Project to maintain minimum levels of 
        retroreflectivity.--The term `project to maintain minimum 
        levels of retroreflectivity' means a project undertaken 
        pursuant to the provisions of the Manual on Uniform Traffic 
        Control Devices that require the use of an assessment or 
        management method designed to maintain highway sign or pavement 
        marking retroreflectivity at or above minimum levels prescribed 
        in the Manual.
          ``(4) Road users.--The term `road users' means motor vehicle 
        drivers and passengers, public transportation operators and 
        users, truck drivers, bicyclists, motorcyclists, and 
        pedestrians, including persons with disabilities.
          ``(5) Safety data.--The term `safety data' includes crash, 
        roadway, driver licensing, and traffic data with respect to all 
        public roads and, for highway-rail grade crossings, data on the 
        characteristics of highway and train traffic.
          ``(6) Safety project under any other section.--
                  ``(A) In general.--The term `safety project under any 
                other section' means a project carried out for the 
                purpose of safety under any other section of this 
                title.
                  ``(B) Inclusion.--The term `safety project under any 
                other section' includes--
                          ``(i) projects consistent with an applicable 
                        State strategic highway safety plan that 
                        promote the awareness of the public and educate 
                        the public concerning highway safety matters 
                        (including motorcycle safety);
                          ``(ii) projects to enforce highway safety 
                        laws; and
                          ``(iii) projects to provide infrastructure 
                        and equipment to support emergency services.
          ``(7) State highway safety improvement program.--The term 
        `State highway safety improvement program' means a program of 
        highway safety improvement projects carried out as part of the 
        statewide transportation improvement program under section 
        5204(g) of title 49.
          ``(8) State strategic highway safety plan.--The term `State 
        strategic highway safety plan' means a comprehensive, data-
        driven safety plan developed in accordance with subsection 
        (c)(2).
  ``(b) In General.--The Secretary shall carry out a highway safety 
improvement program that is consistent with achieving a significant 
reduction in traffic fatalities and serious injuries on all public 
roads.
  ``(c) State Highway Safety Improvement Programs.--
          ``(1) In general.--To obligate funds apportioned under 
        section 104(b)(5) to carry out this section, a State shall have 
        in effect a State highway safety improvement program that--
                  ``(A) includes a set of projects that are consistent 
                with the State strategic highway safety plan of the 
                State;
                  ``(B) satisfies the requirements of this section; and
                  ``(C) is consistent with the State's statewide 
                transportation improvement program under section 
                5204(g) of title 49.
          ``(2) Strategic highway safety plan.--As part of the State 
        highway safety improvement program of the State, each State 
        shall have in effect, update at least every 2 years, and submit 
        to the Secretary a State strategic highway safety plan that--
                  ``(A) is developed after consultation with--
                          ``(i) a highway safety representative of the 
                        Governor of the State;
                          ``(ii) regional transportation planning 
                        organizations and metropolitan planning 
                        organizations, if any;
                          ``(iii) representatives of major modes of 
                        transportation;
                          ``(iv) State and local traffic enforcement 
                        officials;
                          ``(v) representatives of entities conducting 
                        a Federal or State motor carrier safety 
                        program;
                          ``(vi) motor vehicle administration agencies;
                          ``(vii) a highway-rail grade crossing safety 
                        representative of the Governor of the State; 
                        and
                          ``(viii) other major Federal, State, tribal, 
                        regional, and local safety stakeholders;
                  ``(B) is approved by the Governor of the State or a 
                responsible State agency;
                  ``(C) defines State safety goals, including with 
                respect to performance measures established under 
                section 5206 of title 49;
                  ``(D) addresses engineering, management, operation, 
                education, enforcement, and emergency services elements 
                of highway safety (including integrated, interoperable 
                emergency communications) as key factors in evaluating 
                highway projects;
                  ``(E) analyzes and makes effective use of State, 
                regional, and local safety data, including data from 
                the safety data system required under subsection (e);
                  ``(F) considers the results of Federal, State, 
                regional, and local transportation and highway safety 
                planning processes; and
                  ``(G) considers the safety needs of, and high-
                fatality segments of, public roads.
          ``(3) Implementation.--
                  ``(A) Identification and analysis of highway safety 
                problems and opportunities.--As part of the State 
                highway safety improvement program of the State, each 
                State shall, including through use of the safety data 
                system required under subsection (e)--
                          ``(i) identify roadway features that 
                        constitute a hazard to road users;
                          ``(ii) identify highway safety improvement 
                        projects on the basis of crash history 
                        (including crash rates), crash potential, or 
                        other data-supported means;
                          ``(iii) establish the relative severity of 
                        the risks of roadway features based on crash, 
                        injury, fatality, traffic volume, and other 
                        relevant data (including the number and rates 
                        of crashes, injuries, and fatalities);
                          ``(iv) identify the 100 most dangerous roads 
                        in the State, including specific intersections 
                        and sections of roads, based on the risk 
                        factors described in clause (iii);
                          ``(v) consider whether highway safety 
                        improvement projects maximize opportunities to 
                        advance safety; and
                          ``(vi) in conjunction with the National 
                        Highway Traffic Safety Administration and the 
                        Federal Motor Carrier Safety Administration, 
                        evaluate the progress made each year in 
                        achieving State safety goals identified in the 
                        State strategic highway safety plan.
                  ``(B) Schedule of highway safety improvement 
                projects.--As part of the State highway safety 
                improvement program of the State, each State shall, 
                including through use of the safety data system 
                required under subsection (e)--
                          ``(i) identify highway safety improvement 
                        projects;
                          ``(ii) determine priorities for the 
                        correction of roadway features that constitute 
                        a hazard to road users as identified through 
                        safety data analysis; and
                          ``(iii) establish and implement a schedule of 
                        highway safety improvement projects to address 
                        roadway features identified as constituting a 
                        hazard to road users.
          ``(4) Eligible projects.--
                  ``(A) In general.--A State may obligate funds 
                apportioned to the State under section 104(b)(5) to 
                carry out--
                          ``(i) any highway safety improvement project 
                        on any public road or publicly owned pathway or 
                        trail;
                          ``(ii) any project to put in effect or 
                        improve the safety data system required under 
                        subsection (e), without regard to whether the 
                        project is included in an applicable State 
                        strategic highway safety plan;
                          ``(iii) any project to maintain minimum 
                        levels of retroreflectivity with respect to a 
                        public road, without regard to whether the 
                        project is included in an applicable State 
                        strategic highway safety plan;
                          ``(iv) any project for roadway safety 
                        infrastructure improvements consistent with the 
                        recommendations included in the publication of 
                        the Federal Highway Administration entitled 
                        `Highway Design Handbook for Older Drivers and 
                        Pedestrians' (Publication number FHWA RD-01-
                        103), or any successor publication; or
                          ``(v) as provided in subsection (d), other 
                        projects.
                  ``(B) Use of other funding for safety improvement 
                projects.--
                          ``(i) Effect of section.--Nothing in this 
                        section prohibits the use of funds made 
                        available under other provisions of this title 
                        for highway safety improvement projects.
                          ``(ii) Use of other funds.--States are 
                        encouraged to address the full scope of their 
                        safety needs and opportunities by using, for a 
                        highway safety improvement project, funds made 
                        available under other provisions of this title 
                        (except a provision that specifically prohibits 
                        that use).
                  ``(C) Automated traffic enforcement systems.--
                          ``(i) Prohibition.--A State may not obligate 
                        funds apportioned to the State under section 
                        104(b) to carry out any program to purchase, 
                        operate, or maintain an automated traffic 
                        enforcement system.
                          ``(ii) Automated traffic enforcement system 
                        defined.--In this subparagraph, the term 
                        `automated traffic enforcement system' means 
                        automated technology that monitors compliance 
                        with traffic laws.
          ``(5) Updated state strategic highway safety plan required.--
                  ``(A) In general.--A State may obligate funds 
                apportioned to the State under section 104(b)(5) for 
                the second fiscal year beginning after the date of 
                enactment of the American Energy and Infrastructure 
                Jobs Act of 2012 only if the State has in effect and 
                has submitted to the Secretary an updated State 
                strategic highway safety plan that satisfies 
                requirements under this subsection.
                  ``(B) Transition.--Before the second fiscal year 
                beginning after the date of enactment of the American 
                Energy and Infrastructure Jobs Act of 2012, a State may 
                obligate funds apportioned to the State under section 
                104(b)(5) in a manner consistent with a State strategic 
                highway safety plan of the State developed before such 
                date of enactment.
  ``(d) Flexible Funding.--To further the implementation of a State 
strategic highway safety plan and the achievement of performance 
measures established under section 5206 of title 49, a State may use 
not more than 10 percent of the funds apportioned to the State under 
section 104(b)(5) for a fiscal year to carry out safety projects under 
any other section if--
          ``(1) the use is consistent with the State strategic highway 
        safety plan of the State; and
          ``(2) the State certifies to the Secretary that the funds are 
        being used for the most effective projects for making progress 
        toward achieving performance measures established under section 
        5206 of title 49.
  ``(e)  Safety Data System.--
          ``(1) In general.--Not later than 1 year after the date of 
        enactment of the American Energy and Infrastructure Jobs Act of 
        2012, each State, as part of the State highway safety 
        improvement program of the State, shall have in effect a safety 
        data system to--
                  ``(A) collect and maintain a record of safety data 
                with respect to all public roads in the State;
                  ``(B) advance the capabilities of the State with 
                respect to safety data collection, analysis, and 
                integration;
                  ``(C) identify roadway features that constitute a 
                hazard to road users; and
                  ``(D) perform safety problem identification and 
                countermeasure analysis.
          ``(2) Improvement efforts.--Each State shall carry out 
        projects, as needed, to ensure that the safety data system of 
        the State enhances--
                  ``(A) the timeliness, accuracy, completeness, 
                uniformity, and accessibility of safety data with 
                respect to all public roads in the State;
                  ``(B) the ability of the State to integrate all 
                safety data collected throughout the State;
                  ``(C) the ability of State and national safety data 
                systems to be compatible and interoperable;
                  ``(D) the ability of the Secretary to observe and 
                analyze national trends in crash rates, outcomes, and 
                circumstances; and
                  ``(E) the collection of data on crashes that involve 
                a bicyclist or pedestrian.
          ``(3) Evaluation of improvement efforts.--Each State shall 
        collect and maintain a record of projects undertaken to improve 
        the safety data system of the State and shall evaluate the 
        effectiveness of such projects.
  ``(f) Transparency.--A State shall make all plans and reports 
submitted to the Secretary under this section available to the public 
through--
          ``(1) the Internet Web site of the State transportation 
        department of the State; or
          ``(2) such other means as the Secretary determines to be 
        appropriate.
  ``(g) Discovery and Admission Into Evidence of Certain Reports, 
Surveys, and Information.--Notwithstanding any other provision of law, 
reports, surveys, schedules, lists, or data compiled or collected for 
any purpose directly relating to this section, or published in 
accordance with subsection (f), shall not be subject to discovery or 
admitted into evidence in a Federal or State court proceeding or 
considered for other purposes in any action for damages arising from 
any occurrence at a location identified or addressed in such reports, 
surveys, schedules, lists, or other data.
  ``(h) Federal Share of Highway Safety Improvement Projects.--The 
Federal share of the cost of a highway safety improvement project 
carried out with funds apportioned to a State under section 104(b)(5) 
shall be 90 percent, unless a Federal share exceeding 90 percent would 
apply to the project under section 120 or 130.''.

SEC. 1302. RAILWAY-HIGHWAY CROSSINGS.

  (a) Transparency of State Surveys and Schedules With Respect to 
Railway-highway Crossings.--
          (1) Survey and schedule of projects.--Section 130(d) is 
        amended by adding at the end the following: ``Each State shall 
        make the surveys conducted and schedules implemented under this 
        subsection available to the public on an appropriate Internet 
        Web site of the State.''.
          (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect 1 year after the date of enactment of this 
        Act.
  (b) Railway-Highway Crossing Information.--Section 130 is amended by 
adding at the end the following:
  ``(m) Railway-Highway Crossing Information.--
          ``(1) Priority lists and action plans.--
                  ``(A) In general.--Not later than 1 year after the 
                date of enactment of this subsection, each State shall 
                compile and submit to the Secretary a report that 
                includes--
                          ``(i) a list of the 10 railway-highway 
                        crossings in the State that have the greatest 
                        need for safety improvements;
                          ``(ii) an action plan that identifies 
                        projects and activities the State plans to 
                        carry out to improve safety at those railway-
                        highway crossings; and
                          ``(iii) a list of projects and activities the 
                        State carried out to improve safety at those 
                        railway-highway crossings during the 2-year 
                        period ending on the date on which the report 
                        is submitted to the Secretary.
                  ``(B) Updates.--Each State shall update and submit to 
                the Secretary, at least once every 2 years, the report 
                of that State under subparagraph (A).
          ``(2) Publication of reports on u.s. dot web site.--The 
        Secretary shall make the reports submitted under paragraph (1) 
        available to the public on the Internet Web site of the 
        Department of Transportation.
          ``(3) Publication of reports on state web sites.--Each State 
        shall make the reports compiled under paragraph (1) available 
        to the public on an appropriate Internet Web site of the State.
          ``(4) Limitation on use of data in judicial proceedings.--
        Notwithstanding any other provision of law, any report, review, 
        survey, schedule, list, data, information, or document of any 
        kind compiled or collected pursuant to this subsection, 
        including for the purpose of identifying, evaluating, or 
        planning the safety enhancement of a potential accident site or 
        railway-highway crossing pursuant to this section, shall not be 
        subject to discovery or admitted into evidence in a Federal or 
        State court proceeding or considered for other purposes in any 
        action for damages arising from any occurrence at a location 
        mentioned or addressed in such report, review, survey, 
        schedule, list, data, information, or document.
          ``(5) Noncompliance.--If the Secretary determines that a 
        State is not in compliance with requirements under this 
        subsection, the Secretary may withhold funding that would 
        otherwise be apportioned to that State under this section.''.

SEC. 1303. HIGHWAY WORKER SAFETY.

  (a) Positive Protective Measures.--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, 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 where traffic is present 
        and where workers have no means of escape, including tunnels 
        and bridges, unless an engineering analysis determines such 
        measures are not necessary;
          (2) temporary longitudinal traffic barriers are used to 
        protect workers on highway construction projects in stationary 
        work zones lasting 2 weeks or more if traffic is present, the 
        traffic will be traveling at a speed of 45 miles per hour or 
        more, 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 engineering analysis determines such barriers 
                are not necessary; or
                  (B) the project is located--
                          (i) in a State with a population density of 
                        20 or fewer persons per square mile;
                          (ii) outside of an urbanized area; and
                          (iii) on a roadway with an annual average 
                        daily traffic load that is less than 100 
                        vehicles per hour; and
          (3) when positive protective measures are necessary for a 
        highway construction project, such measures are paid for on a 
        unit pay basis, unless doing so would create a conflict with 
        innovative contracting approaches, including a design-build 
        contract or a performance-based contract, under which the 
        contractor is paid to assume a certain risk allocation and 
        payment is generally made on a lump sum basis.
  (b) Apparel.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall modify regulations issued pursuant to 
section 1402 of SAFETEA-LU (23 U.S.C. 401 note)--
          (1) to allow fire services personnel, who are subject to the 
        regulations, to wear apparel meeting the high visibility 
        requirements set forth in NFPA 1971-2007 (Standard on 
        Protective Ensembles for Structural Fire Fighting and Proximity 
        Fire Fighting); and
          (2) to not require such personnel to wear apparel meeting 
        requirements set forth in ANSI/ISEA 107-2004.

                      Subtitle D--Freight Mobility

SEC. 1401. NATIONAL FREIGHT POLICY.

  (a) Development.--Not later than 1 year after the date of enactment 
of this Act, and every 5 years thereafter, the Secretary, in 
consultation with interested public and private sector freight 
stakeholders, including representatives of ports, shippers, carriers, 
freight-related associations, the freight industry workforce, State 
transportation departments, and local governments, shall develop a 5-
year National Freight Policy. Such policy shall be consistent with the 
State performance management process under section 5206(e)(1) of title 
49, United States Code.
  (b) Contents.--The National Freight Policy shall--
          (1) specify goals, objectives, and milestones with respect to 
        the expansion of freight transportation capacity and the 
        improvement of freight transportation infrastructure in the 
        United States;
          (2) specify programs, strategies, and projects that will 
        assist in achieving the goals, objectives, and milestones 
        specified under paragraph (1);
          (3) specify the manner in which the programs, strategies, and 
        projects specified under paragraph (2) will achieve the goals, 
        objectives, and milestones specified under paragraph (1), 
        including with respect to a 5-year timeframe for meeting the 
        goals, objectives, and milestones;
          (4) identify protocols to promote and ensure the 
        implementation of the National Freight Policy; and
          (5) identify a cooperative process, which includes State and 
        local governments, for implementing the National Freight 
        Policy.
  (c) Goals.--In developing the National Freight Policy, the Secretary 
shall consider the goals of--
          (1) investing in freight transportation infrastructure to 
        strengthen the economic competitiveness of the United States, 
        reduce congestion, and increase productivity, particularly with 
        respect to domestic industries and businesses that create high-
        value jobs;
          (2) improving and maintaining existing freight transportation 
        infrastructure to ensure that infrastructure meets appropriate 
        standards;
          (3) improving the capacity of freight infrastructure across 
        different modes of transportation, reducing congestion, and 
        increasing freight throughput;
          (4) incorporating concepts of performance, innovation, 
        competition, and accountability into the operation and 
        maintenance of freight transportation infrastructure;
          (5) increasing the usage and number of strategically-located, 
        multi-modal freight transportation facilities to reduce 
        congestion and emissions relating to highways in the United 
        States;
          (6) improving the safety of freight transportation;
          (7) implementing new technologies to improve the coordination 
        and efficiency of the movement of freight throughout the United 
        States;
          (8) improving methods for incorporating international trade 
        estimates into transportation planning; and
          (9) advancing the development of aerotropolis transportation 
        systems, which are planned and coordinated multimodal freight 
        and passenger transportation networks that, as determined by 
        the Secretary, provide efficient, cost-effective, sustainable, 
        and intermodal connectivity to a defined region of economic 
        significance centered around a major airport.
  (d) Reporting.--The Secretary shall include the National Freight 
Policy in the National Strategic Transportation Plan developed under 
section 5205 of title 49, United States Code.
  (e) Commodity Flow Survey.--The Secretary, in consultation with other 
relevant Federal agencies, shall make changes to the commodity flow 
survey (conducted by the Bureau of Transportation Statistics pursuant 
to section 111(c)(5) of title 49, United States Code) that the 
Secretary determines will reduce identified freight data gaps and 
deficiencies and assist in the evaluation of forecasts of 
transportation demand.

SEC. 1402. STATE FREIGHT ADVISORY COMMITTEES.

  (a) In General.--The Secretary shall encourage each State to 
establish a freight advisory committee consisting of a representative 
cross-section of public and private sector freight stakeholders, 
including representatives of ports, shippers, carriers, freight-related 
associations, the freight industry workforce, the State's 
transportation department, and local governments.
  (b) Role of Committee.--A freight advisory committee described in 
subsection (a) shall--
          (1) advise the State on freight-related priorities, issues, 
        projects, and funding needs;
          (2) serve as a forum for discussion for State transportation 
        decisions affecting freight mobility;
          (3) communicate and coordinate regional priorities with other 
        organizations;
          (4) promote the sharing of information between the private 
        and public sectors on freight issues; and
          (5) participate in the development of the State's freight 
        plan described in section 1403 of this Act.

SEC. 1403. STATE FREIGHT PLANS.

  (a) In General.--The Secretary shall encourage each State to develop 
a freight plan that provides a comprehensive plan for the State's 
immediate and long-range planning activities and investments with 
respect to freight.
  (b) Plan Contents.--A freight plan described in subsection (a) shall 
include, at a minimum--
          (1) an identification of significant freight system trends, 
        needs, and issues with respect to the State;
          (2) a description of the freight policies, strategies, and 
        performance measures that will guide the State's freight-
        related transportation investment decisions;
          (3) a description of how such plan will improve the ability 
        of the State to meet the national freight goals established 
        under section 1401 of this Act and the performance targets 
        established under section 5206 of title 49, United States Code;
          (4) evidence of consideration of innovative technologies and 
        operational strategies, including intelligent transportation 
        systems, that improve the safety and efficiency of freight 
        movement; and
          (5) for routes on which travel by heavy vehicles, including 
        mining, agricultural, and timber vehicles, is projected to 
        substantially deteriorate the condition of roadways, a 
        description of improvements that may be required to reduce or 
        impede such deterioration.
  (c) Relationship to Long-Range Plan.--A freight plan described in 
subsection (a) may be developed separate from or incorporated into the 
statewide strategic long-range transportation plan required by section 
5204 of title 49, United States Code.

SEC. 1404. TRUCKING PRODUCTIVITY.

  (a) Weight Limitations.--Section 127(a) is amended by adding at the 
end the following:
          ``(13) Pilot program.--
                  ``(A) In general.--The Secretary may carry out a 
                pilot program under which the Secretary may authorize 
                up to 3 States to allow, by special permit, the 
                operation of vehicles with a gross vehicle weight of up 
                to 126,000 pounds on segments on the Interstate System 
                in the State.
                  ``(B) Requirements.--A State authorized under the 
                pilot program under subparagraph (A) shall--
                          ``(i) identify and submit to the Secretary 
                        for approval the segments on the Interstate 
                        System to be subject to the program and the 
                        configurations of vehicles to be allowed to 
                        operate under a special permit;
                          ``(ii) allow vehicles subject to the program 
                        to operate on not more than 3 segments, which 
                        may be contiguous, of up to 25 miles each;
                          ``(iii) require the loads of vehicles 
                        operating under a special permit to conform to 
                        such single axle, tandem axle, tridem axle, and 
                        bridge formula limits applicable in the State; 
                        and
                          ``(iv) establish and collect a fee for 
                        vehicles operating under a special permit.
                  ``(C) Prohibitions.--The Secretary may prohibit the 
                operation of a vehicle under a special permit if the 
                Secretary determines that the operation poses an 
                unreasonable safety risk based on an analysis of 
                engineering data, safety data, or other applicable 
                data.
                  ``(D) Duration.--The Secretary may authorize a State 
                under the pilot program under subparagraph (A) for a 
                period not to exceed 4 years.''.
  (b)  Additional Vehicle Weight Provisions.--Section 127 is amended by 
adding at the end the following:
  ``(i) Special Permits During Periods of Emergency.--
          ``(1) In general.--A State may issue special permits with 
        respect to a major disaster or emergency declared under the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121 et seq.) to overweight vehicles and loads that 
        can be easily dismantled or divided allowing operations on the 
        Interstate System that would otherwise be prohibited under 
        subsection (a), if--
                  ``(A) the permits are issued in accordance with State 
                law; and
                  ``(B) the permits are issued exclusively to vehicles 
                and loads that are delivering relief supplies in 
                response to the major disaster or emergency.
          ``(2) Expiration.--A permit issued with respect to a major 
        disaster or emergency under paragraph (1) shall expire not 
        later than 120 days after the date of the declaration of the 
        major disaster or emergency as described in paragraph (1).
  ``(j) Emergency Vehicles.--
          ``(1) In general.--Notwithstanding subsection (a), a State 
        may not enforce against an emergency vehicle a weight limit 
        of--
                  ``(A) less than 24,000 pounds on a single steering 
                axle;
                  ``(B) less than 33,500 pounds on a single drive axle;
                  ``(C) less than 62,000 pounds on a tandem axle; or
                  ``(D) less than 52,000 pounds on a tandem rear drive 
                steer axle, up to a maximum gross vehicle weight of 
                86,000 pounds.
          ``(2) Emergency vehicle defined.--In this subsection, the 
        term `emergency vehicle' means a vehicle designed to be used 
        under emergency conditions--
                  ``(A) to transport personnel and equipment; and
                  ``(B) to support the suppression of fires or 
                mitigation of other hazardous situations.''.
  (c) Waiver of Highway Funding Reduction.--The total amount of funds 
apportioned to a State under section 104(b)(1) of title 23, United 
States Code, for any period may not be reduced under section 127(a) of 
such title on the basis that the State authorizes a vehicle to operate 
on the Interstate System in the State in accordance with the amendments 
made by this section.
  (d) Length Limitations.--Section 31111 of title 49, United States 
Code, is amended--
          (1) in subsection (a) by adding at the end the following:
          ``(5) Trailer transporter towing unit.--The term `trailer 
        transporter towing unit' means a power unit that is not used to 
        carry property when operating in a towaway trailer transporter 
        combination.
          ``(6) Towaway trailer transporter combination.--The term 
        `towaway trailer transporter combination' means a combination 
        of vehicles consisting of a trailer transporter towing unit and 
        2 trailers or semitrailers--
                  ``(A) with a total weight that does not exceed 26,000 
                pounds; and
                  ``(B) in which the trailers or semitrailers carry no 
                property and constitute inventory property of a 
                manufacturer, distributor, or dealer of such trailers 
                or semitrailers.''; and
          (2) in subsection (b)(1)--
                  (A) by striking subparagraph (A) and inserting the 
                following:
          ``(A) imposes a vehicle length limitation, on any segment of 
        the Dwight D. Eisenhower System of Interstate and Defense 
        Highways (except a segment exempted under subsection (f)) and 
        those classes of qualifying Federal-aid primary system highways 
        designated by the Secretary of Transportation under subsection 
        (e), of--
                  ``(i) less than 45 feet on a bus;
                  ``(ii) less than 53 feet on a semitrailer operating 
                in a truck tractor-semitrailer combination; or
                  ``(iii) notwithstanding section 31112, less than 33 
                feet on a semitrailer or trailer operating in a truck 
                tractor-semitrailer-trailer combination;'';
                  (B) in subparagraph (E) by striking ``; or'' and 
                inserting a semicolon;
                  (C) in subparagraph (F) by striking the period at the 
                end and inserting a semicolon; and
                  (D) by adding at the end the following:
          ``(G) imposes a vehicle length limitation of less than 80 
        feet on a stinger steered automobile transporter with a rear 
        overhand of less than 6 feet;
          ``(H) has the effect of imposing an overall length limitation 
        of less than 82 feet on a towaway trailer transporter 
        combination;
          ``(I) imposes a limitation of less than 46 feet on the 
        distance from the kingpin to the center of the rear axle on a 
        trailer used exclusively or primarily for the transport of 
        livestock; or
          ``(J) has the effect of prohibiting the use of a device 
        designed by a bus manufacturer to affix to the rear of an 
        intercity bus purchased after October 1, 2012, for use in 
        carrying passenger baggage, if the device does not result in 
        the bus exceeding 47 feet in total length.''.
  (e) Access to Interstate System.--Section 31114(a)(2) of title 49, 
United States Code, is amended by inserting ``a towaway trailer 
transporter combination as defined in section 31111(a),'' before ``or 
any''.

SEC. 1405. STUDY WITH RESPECT TO TRUCK SIZES AND WEIGHTS.

  (a) Study.--
          (1) In general.--The Secretary shall conduct a study with 
        respect to truck sizes and weights in accordance with this 
        section.
          (2) Scope.--In conducting the study, the Secretary shall 
        examine, in accordance with paragraph (3), the effect on 
        principal arterial routes and National Highway System 
        intermodal connectors that allowing nationwide operation of 
        each covered truck configuration would have.
          (3) Contents.--In conducting the study, the Secretary shall--
                  (A) evaluate the effect on safety that allowing each 
                covered truck configuration to operate would have, with 
                consideration given to--
                          (i) vehicle operating characteristics under 
                        various conditions likely to be experienced 
                        during commercial operation;
                          (ii) changes in vehicle miles traveled due to 
                        increased vehicle hauling capacity;
                          (iii) shifts in freight between 
                        transportation modes;
                          (iv) crash rates; and
                          (v) vehicle stability and control;
                  (B) estimate--
                          (i) the effect on pavement performance that 
                        allowing each covered truck configuration to 
                        operate would have;
                          (ii) the effect on bridge reliability and 
                        service life that allowing each covered truck 
                        configuration to operate would have; and
                          (iii) the ability of each covered truck 
                        configuration to comply with the Federal bridge 
                        formula (as specified in section 127(a)(2) of 
                        title 23, United States Code);
                  (C) estimate the full cost responsibility associated 
                with allowing each covered truck configuration to 
                operate, including all costs relating to pavement and 
                bridges, and examine methods available for recovering 
                such cost responsibility;
                  (D) examine the ability of a representative sample of 
                regions to meet repair and reconstruction needs related 
                to allowing each covered truck configuration to 
                operate;
                  (E) estimate--
                          (i) the extent to which freight would be 
                        diverted from other surface transportation 
                        modes to principal arterial routes and National 
                        Highway System intermodal connectors if each 
                        covered truck configuration is allowed to 
                        operate and the effect that any such diversion 
                        would have on other modes of transportation;
                          (ii) the effect that any such diversion would 
                        have on public safety, infrastructure, cost 
                        responsibility, fuel efficiency, and the 
                        environment;
                          (iii) the effect on the transportation 
                        network of the United States that allowing each 
                        covered truck configuration to operate would 
                        have; and
                          (iv) whether allowing each covered truck 
                        configuration to operate would result in an 
                        increase or decrease in the total number of 
                        trucks operating on principal arterial routes 
                        and National Highway System intermodal 
                        connectors; and
                  (F) identify all Federal rules and regulations 
                impacted by changes in truck size and weight limits.
  (b) Report to Congress.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall submit to Congress a report 
on the results of the study conducted under subsection (a).
  (c) Covered Truck Configuration Defined.--In this section, the term 
``covered truck configuration'' means each of the following:
          (1) A combination truck tractor-semitrailer--
                  (A) with 5 axles; and
                  (B) a gross weight of 88,000 pounds.
          (2) A combination truck tractor-semitrailer--
                  (A) with 6 axles; and
                  (B) a gross weight of 97,000 pounds.
          (3) Longer combination vehicles (as such term is defined in 
        section 127(d)(4) of title 23, United States Code).
          (4) Any other truck configuration the Secretary determines 
        appropriate.

SEC. 1406. MAXIMUM WEIGHT INCREASE FOR IDLE REDUCTION TECHNOLOGY ON 
                    HEAVY DUTY VEHICLES.

  Section 127(a)(12) is amended--
          (1) in subparagraph (B) by striking ``400'' and inserting 
        ``550''; and
          (2) in subparagraph (C)(ii) by striking ``400-pound'' and 
        inserting ``550-pound''.

          Subtitle E--Federal Lands and Tribal Transportation

SEC. 1501. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.

  Chapter 2 is amended by striking sections 201 through 203 and 
inserting the following:

``Sec. 201. General provisions

  ``(a) Purpose.--Recognizing the need for all Federal lands 
transportation facilities and tribal transportation facilities to be 
treated under uniform policies similar to the policies that apply to 
Federal-aid highways and other public road and transit facilities 
constructed with Federal assistance, the Secretary, in consultation 
with the Secretary of each Federal land management agency, shall 
establish and coordinate, in accordance with the requirements of this 
section, a uniform policy for all transportation facilities constructed 
under a covered program.
  ``(b) Covered Program Defined.--In this section, the term `covered 
program' means--
          ``(1) the tribal transportation program established under 
        section 202; and
          ``(2) the Federal lands transportation program established 
        under section 203.
  ``(c) Availability of Funds.--
          ``(1) Availability.--Funds made available to carry out a 
        covered program shall be available for contract--
                  ``(A) upon apportionment; or
                  ``(B) if no apportionment is required, on October 1 
                of the fiscal year for which authorized.
          ``(2) Period of availability.--Funds apportioned or allocated 
        to carry out a covered program shall remain available for 
        obligation for a period of 3 years after the last day of the 
        fiscal year for which the funds are authorized. Any amounts so 
        apportioned or allocated that remain unobligated at the end of 
        that period shall lapse.
          ``(3) Authority of department secretaries.--
                  ``(A) Authority to incur obligations, approve 
                projects, and enter into contracts.--The Secretary of a 
                Department charged with the administration of funds 
                made available to carry out a covered program may incur 
                obligations, approve projects, and enter into contracts 
                with respect to such funds.
                  ``(B) Contractual obligations.--A Secretary's action 
                under subparagraph (A) shall be deemed to be a 
                contractual obligation of the United States to pay the 
                cost thereof, and the funds subject to the action shall 
                be deemed to have been expended when so obligated.
          ``(4) Expenditure.--Any funds made available to carry out a 
        covered program for a fiscal year shall be deemed to have been 
        expended if a sum equal to the total of the sums appropriated 
        for the fiscal year and previous fiscal years have been 
        obligated. Any of such funds released by payment of final 
        voucher or modification of project authorizations shall be 
        credited to the balance of unobligated appropriations and be 
        immediately available for expenditure.
          ``(5) Authority of secretary.--
                  ``(A) Obligating funds for covered programs.--
                Notwithstanding any other provision of law, either of 
                the following actions shall be deemed to constitute a 
                contractual obligation of the United States to pay the 
                total eligible cost of any construction project funded 
                under a covered program:
                          ``(i) The authorization by the Secretary, or 
                        the Secretary of a Department charged with the 
                        administration of funds made available to carry 
                        out a covered program, of engineering and 
                        related work for the development, design, and 
                        acquisition associated with the project, 
                        whether performed by contract or agreement 
                        authorized by law.
                          ``(ii) The approval by the Secretary, or the 
                        Secretary of a Department charged with the 
                        administration of funds made available to carry 
                        out a covered program, of plans, 
                        specifications, and estimates for the project.
                  ``(B) Limitation on statutory construction.--Nothing 
                in this paragraph may be construed to affect the 
                application of the Federal share associated with a 
                project undertaken under a covered program or to modify 
                the point of obligation associated with Federal 
                salaries and expenses.
          ``(6) Redistribution of unused obligation authority.--To the 
        extent that the Secretary is otherwise required to redistribute 
        unused obligation authority appropriated for purposes other 
        than section 202, a minimum of 10 percent of such unused 
        obligation authority shall be allocated and distributed by the 
        Secretary to entities eligible to receive funds under such 
        section for purposes of funding competitively awarded high 
        priority projects ensuring greater safe access to markets for 
        American Indian and Alaska Native communities that are, 
        relative to other American Indian and Alaska Native 
        communities, more remotely located from product and essential 
        service markets.
  ``(d) Federal Share.--
          ``(1) In general.--Except as provided by paragraph (2), the 
        Federal share payable on account of a project carried out under 
        a covered program shall be 100 percent of the total cost of the 
        project.
          ``(2) Operating assistance.--The Federal share payable, with 
        amounts made available to carry out this chapter, on account of 
        operating expenses for a project carried out under the Federal 
        lands transportation program established under section 203 may 
        not exceed 50 percent of the net operating costs, as determined 
        by the Secretary.
  ``(e) Transportation Planning.--
          ``(1) Transportation planning procedures.--In consultation 
        with the Secretary of each Federal land management agency, the 
        Secretary shall implement transportation planning procedures 
        for tribal transportation facilities and Federal lands 
        transportation facilities that are consistent with the planning 
        processes required under sections 5203 and 5204 of title 49.
          ``(2) Approval of transportation improvement program.--A 
        transportation improvement program developed as a part of the 
        transportation planning process under this subsection shall be 
        subject to approval by the Secretary, acting in coordination 
        with the Secretary of the appropriate Federal land management 
        agency.
          ``(3) Inclusion in other plans.--Any project under a covered 
        program that is regionally significant shall--
                  ``(A) be developed in cooperation with appropriate 
                States and metropolitan planning organizations; and
                  ``(B) be included in--
                          ``(i) plans for the covered program;
                          ``(ii) appropriate State and metropolitan 
                        long-range transportation plans; and
                          ``(iii) appropriate State and metropolitan 
                        transportation improvement programs.
          ``(4) Inclusion in state programs.--A transportation 
        improvement program that is approved by the Secretary as a part 
        of the transportation planning process under this subsection 
        shall be included in appropriate plans and programs of States 
        and metropolitan planning organizations without further action 
        on the transportation improvement program.
          ``(5) Asset management.--The Secretary and the Secretary of 
        each Federal land management agency, to the extent appropriate, 
        shall have in effect safety, bridge, pavement, and congestion 
        management systems in support of asset management for highways 
        funded under a covered program.
          ``(6) Data collection.--
                  ``(A) In general.--The Secretary of each Federal land 
                management agency shall collect and report on the data 
                that is necessary to implement a covered program, 
                including at a minimum--
                          ``(i) inventory and condition information on 
                        tribal roads and Federal lands highways; and
                          ``(ii) bridge inspection and inventory 
                        information on any Federal bridge that is open 
                        to the public.
                  ``(B) Standards.--The Secretary, in coordination with 
                the Secretary of each Federal land management agency, 
                shall define collection and reporting data standards 
                for purposes of subparagraph (A).
                  ``(C) Tribal transportation program.--Each Secretary 
                collecting data under this paragraph relating to the 
                tribal transportation program established under section 
                202 shall collect such data consistent with the 
                requirements of the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450 et seq.).
          ``(7) Administrative expenses.--The Secretary may use up to 5 
        percent of the funds made available to carry out section 203 
        for a fiscal year for purposes of implementing the activities 
        described in this subsection, including direct support of 
        transportation planning activities among Federal land 
        management agencies.
  ``(f) References to Secretaries of Federal Land Management 
Agencies.--In this chapter, the term `Secretary', when used in 
connection with a Federal land management agency, means the Secretary 
of the department that contains the agency.

``Sec. 202. Tribal transportation program

  ``(a) In General.--The Secretary shall carry out a tribal 
transportation program in accordance with the requirements of this 
section.
  ``(b) Use of Funds.--
          ``(1) In general.--Funds made available to carry out the 
        tribal transportation program shall be used by the Secretary 
        and the Secretary of the Interior to pay for the following:
                  ``(A) The covered costs of--
                          ``(i) tribal roads;
                          ``(ii) vehicular parking areas adjacent to 
                        tribal roads (which may include electric 
                        vehicle charging stations);
                          ``(iii) pedestrian walkways and bicycle 
                        transportation facilities (as defined in 
                        section 217) on tribal lands; and
                          ``(iv) roadside rest areas, including 
                        sanitary and water facilities, on tribal lands.
                  ``(B) The costs of transportation projects eligible 
                for assistance under this title that are within, or 
                provide access to, tribal lands.
                  ``(C) The costs of public transportation projects 
                eligible for assistance under section 5311(b)(1) of 
                title 49 that are within, or provide access to, tribal 
                lands (without regard to whether the project is located 
                in an urbanized area).
                  ``(D) The costs of rehabilitation, restoration, and 
                construction of interpretive signage at tribal roads.
                  ``(E) The costs of acquisition of necessary scenic 
                easements and scenic or historic sites associated with 
                tribal roads.
          ``(2) Covered costs defined.--In paragraph (1), the term 
        `covered costs' means the costs of transportation planning, 
        research, preventive maintenance, engineering, rehabilitation, 
        restoration, construction, and reconstruction.
          ``(3) Contract.--In connection with an activity described in 
        paragraph (1), the Secretary and the Secretary of the Interior 
        may enter into a contract or other appropriate agreement with 
        respect to such activity with--
                  ``(A) a State (including a political subdivision of a 
                State); or
                  ``(B) an Indian tribe.
          ``(4) Indian labor.--Indian labor may be employed, in 
        accordance with such rules and regulations as may be 
        promulgated by the Secretary of the Interior, to carry out any 
        construction or other activity described in paragraph (1).
          ``(5) Federal employment.--No maximum limitation on Federal 
        employment shall apply to construction or improvement of tribal 
        transportation facilities.
          ``(6) Administrative expenses.--
                  ``(A) In general.--Of the funds made available to 
                carry out the tribal transportation program for a 
                fiscal year, up to 5 percent may be used by the 
                Secretary or the Secretary of the Interior for program 
                management and oversight and project-related 
                administrative expenses.
                  ``(B) Reservation of funds.--The Secretary of the 
                Interior may reserve funds from administrative funds of 
                the Bureau of Indian Affairs that are associated with 
                the tribal transportation program to fund tribal 
                technical assistance centers under section 504(b).
          ``(7) Maintenance.--
                  ``(A) Use of funds.--Notwithstanding any other 
                provision of this title, of the funds allocated to an 
                Indian tribe under the tribal transportation program 
                for a fiscal year, the Indian tribe, or the Secretary 
                with the consent of the affected Indian tribe, may use 
                for the purpose of maintenance (excluding road sealing, 
                which shall not be subject to any limitation) an amount 
                that does not exceed the greater of--
                          ``(i) 25 percent of the funds; or
                          ``(ii) $500,000.
                  ``(B) Road maintenance programs on indian 
                reservations.--
                          ``(i) BIA responsibility.--The Bureau of 
                        Indian Affairs shall continue to retain primary 
                        responsibility, including annual funding 
                        request responsibility, for road maintenance 
                        programs on Indian reservations.
                          ``(ii) Funding.--The Secretary of the 
                        Interior shall ensure that funding made 
                        available under this paragraph for maintenance 
                        of tribal transportation facilities for a 
                        fiscal year is supplementary to and not in lieu 
                        of any obligation of funds by the Bureau of 
                        Indian Affairs for road maintenance programs on 
                        Indian reservations.
                  ``(C) Tribal-state road maintenance agreements.--
                          ``(i) Authority to enter into agreements.--An 
                        Indian tribe and a State may enter into a road 
                        maintenance agreement under which the Indian 
                        tribe assumes the responsibilities of the State 
                        for tribal transportation facilities.
                          ``(ii) Negotiations.--Agreements entered into 
                        under clause (i)--
                                  ``(I) shall be negotiated between the 
                                State and the Indian tribe; and
                                  ``(II) shall not require the approval 
                                of the Secretary.
          ``(8) Cooperation of states and counties.--
                  ``(A) In general.--The cooperation of States, 
                counties, and other political subdivisions of States 
                may be accepted in construction and improvement of 
                tribal transportation facilities.
                  ``(B) Crediting of funds.--Any funds received from a 
                State, county, or other political subdivision of a 
                State for construction or improvement of tribal 
                transportation facilities shall be credited to 
                appropriations available for the tribal transportation 
                program.
                  ``(C) State use of federal funds for tribal 
                transportation facilities.--
                          ``(i) In general.--A State may provide a 
                        portion of Federal funds apportioned to the 
                        State under chapter 1 to an Indian tribe for an 
                        eligible tribal transportation facility.
                          ``(ii) Procedure.--If a State elects to 
                        provide funds to an Indian tribe under clause 
                        (i), the State shall transfer the funds back to 
                        the Secretary and the Secretary shall transfer 
                        the funds to the Indian tribe constructing or 
                        maintaining the eligible tribal transportation 
                        facility under an agreement pursuant to this 
                        paragraph.
                          ``(iii) Construction responsibility.--
                        Notwithstanding any other provision of law, if 
                        a State provides funds referred to in clause 
                        (i) to an Indian tribe--
                                  ``(I) the State shall not be 
                                responsible for constructing or 
                                maintaining a project carried out using 
                                the funds or for administering or 
                                supervising the project or funds during 
                                the applicable statute of limitations 
                                period of such State with respect to 
                                actions related to the construction of 
                                the project; and
                                  ``(II) the Indian tribe receiving the 
                                funds shall be responsible for 
                                constructing and maintaining a project 
                                carried out using the funds and for 
                                administering and supervising the 
                                project and funds in accordance with 
                                this section during the period referred 
                                to in subclause (I).
          ``(9) Competitive bidding.--
                  ``(A) In general.--Construction of a project under 
                the tribal transportation program shall be performed 
                pursuant to a contract awarded by competitive bidding 
                or other procurement process authorized under the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 450 et seq.) unless the Secretary or the 
                Secretary of the Interior affirmatively finds that, 
                under the circumstances relating to the project, some 
                other method is in the public interest.
                  ``(B) Applicability of other laws.--Notwithstanding 
                subparagraph (A), section 23 of the Act of June 25, 
                1910 (36 Stat. 861; known as the Buy Indian Act) and 
                section 7(b) of the Indian Self-Determination and 
                Education Assistance Act (88 Stat. 2205) shall apply to 
                all funds administered by the Secretary of the Interior 
                that are appropriated for the construction and 
                improvement of tribal roads.
  ``(c) Funds Distribution.--
          ``(1) In general.--All funds authorized to be appropriated 
        for the tribal transportation program shall be allocated among 
        Indian tribes in accordance with the formula maintained by the 
        Secretary of the Interior under paragraph (4).
          ``(2) National tribal transportation facility inventory.--
                  ``(A) In general.--The Secretary of the Interior, in 
                cooperation with the Secretary, shall maintain a 
                comprehensive national inventory of tribal 
                transportation facilities that are eligible for 
                assistance under the tribal transportation program. The 
                Secretary of the Interior, in cooperation with the 
                Secretary, by September 30, 2012, and by September 30 
                of every second year thereafter, shall accept into the 
                comprehensive national inventory those tribal 
                transportation facilities proposed by Indian tribes 
                under the regulations.
                  ``(B) Transportation facilities included in the 
                inventory.--For purposes of identifying the tribal 
                transportation system and determining the relative 
                transportation needs among Indian tribes, the Secretary 
                shall include in the comprehensive national inventory, 
                at a minimum, transportation facilities that are 
                eligible for assistance under the tribal transportation 
                program that a tribe has requested, including 
                facilities that--
                          ``(i) were included in the Bureau of Indian 
                        Affairs system inventory prior to October 1, 
                        2004;
                          ``(ii) are owned by an Indian tribal 
                        government;
                          ``(iii) are owned by the Bureau of Indian 
                        Affairs;
                          ``(iv) were constructed or reconstructed with 
                        funds from the Highway Trust Fund under the 
                        Indian reservation roads program since 1983;
                          ``(v) are community streets or bridges within 
                        the exterior boundary of Indian reservations, 
                        Alaska native villages, or other recognized 
                        Indian communities (including communities in 
                        former Indian reservations in Oklahoma) in 
                        which the majority of residents are American 
                        Indians or Alaska Natives; or
                          ``(vi) are primary access routes proposed by 
                        tribal governments, including roads between 
                        villages, roads to landfills, roads to drinking 
                        water sources, roads to natural resources 
                        identified for economic development, and roads 
                        that provide access to intermodal terminals, 
                        such as airports, harbors, or boat landings.
                  ``(C) Limitation on primary access routes.--For 
                purposes of this paragraph, a proposed primary access 
                route is the shortest practicable route connecting 2 
                points of the proposed route.
                  ``(D) Additional facilities.--Nothing in this 
                paragraph shall preclude the Secretary of the Interior 
                from including additional transportation facilities 
                that are eligible for funding under the tribal 
                transportation program in the inventory if such 
                additional facilities are included in the inventory in 
                a uniform and consistent manner nationally.
                  ``(E) Bridges.--All bridges in the inventory shall be 
                recorded in the national bridge inventory administered 
                by the Secretary under section 151.
          ``(3) Regulations.--Notwithstanding sections 563(a) and 
        565(a) of title 5, the Secretary of the Interior shall maintain 
        regulations governing the tribal transportation program and the 
        funding formula under paragraph (4) in accordance with 
        established policies and procedures.
          ``(4) Basis for funding formula factors.--
                  ``(A) In general.--The funding formula established 
                under this paragraph shall be based on factors that 
                reflect--
                          ``(i) the relative needs among the Indian 
                        tribes, and reservation or tribal communities, 
                        for transportation assistance; and
                          ``(ii) the relative administration capacities 
                        of, and challenges faced by, various Indian 
                        tribes, including the cost of road construction 
                        in each Bureau of Indian Affairs area, 
                        geographic isolation, and difficulty in 
                        maintaining all-weather access to employment, 
                        commerce, health, safety, and educational 
                        resources.
                  ``(B) Tribal high priority projects.--The tribal high 
                priority projects program as included in the tribal 
                transportation allocation methodology of part 170 of 
                title 25, Code of Federal Regulations (as in effect on 
                the date of enactment of the American Energy and 
                Infrastructure Jobs Act of 2012), shall continue in 
                effect.
          ``(5) Distribution of funds to indian tribes.--
                  ``(A) In general.--Not later than 30 days after the 
                date on which funds are made available to the Secretary 
                or the Secretary of the Interior for a fiscal year to 
                carry out the tribal transportation program, the funds 
                shall be distributed to, and available for immediate 
                use by, eligible Indian tribes in accordance with the 
                formula maintained by the Secretary of the Interior 
                under paragraph (4).
                  ``(B) Use of funds.--Notwithstanding any other 
                provision of this section, funds made available to 
                Indian tribes for tribal transportation facilities 
                shall be expended on projects identified in a 
                transportation improvement program approved by the 
                Secretary.
          ``(6) Health and safety assurances.--Notwithstanding any 
        other provision of law, an Indian tribal government may approve 
        plans, specifications, and estimates for, and may commence, a 
        project for construction of a tribal transportation facility 
        with funds made available to carry out the tribal 
        transportation program through a contract or agreement entered 
        into under the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450 et seq.) if the Indian tribal 
        government--
                  ``(A) provides assurances in the contract or 
                agreement that the construction will meet or exceed 
                applicable health and safety standards;
                  ``(B) obtains the advance review of the plans and 
                specifications for the project from a State-licensed 
                civil engineer that has certified that the plans and 
                specifications meet or exceed the applicable health and 
                safety standards;
                  ``(C) provides a copy of the certification under 
                subparagraph (A) to the Deputy Assistant Secretary for 
                Tribal Government Affairs of the Department of 
                Transportation or the Assistant Secretary of Indian 
                Affairs of the Department of the Interior, as 
                appropriate; and
                  ``(D) except with respect to a transportation 
                facility owned by the Bureau of Indian Affairs or an 
                Indian tribe, obtains the advance written approval of 
                the plans, specifications, and estimates from the 
                facility owner or public authority having maintenance 
                responsibility for the facility and provides a copy of 
                the approval to the officials referred to in 
                subparagraph (C).
          ``(7) Contracts and agreements with indian tribes for program 
        costs.--
                  ``(A) In general.--Notwithstanding any other 
                provision of law or any interagency agreement, program 
                guideline, manual, or policy directive, all funds made 
                available under this chapter and section 125(e) for 
                tribal transportation facilities to pay for the costs 
                of programs, services, functions, and activities, or 
                portions thereof, that are specifically or functionally 
                related to the cost of any tribal transportation 
                facility that provides access to or is located within 
                the reservation or community of an Indian tribe shall 
                be made available, upon request of the Indian tribal 
                government, to the Indian tribal government for 
                contracts and agreements for such planning, research, 
                engineering, and construction in accordance with the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 450 et seq.).
                  ``(B) Exclusion of agency participation.--Funds for 
                programs, functions, services, or activities, or 
                portions thereof (including supportive administrative 
                functions that are otherwise contractible to which 
                subparagraph (A) applies) shall be paid in accordance 
                with subparagraph (A) without regard to the 
                organizational level at which the Department of 
                Transportation or the Department of the Interior has 
                previously carried out such programs, functions, 
                services, or activities.
          ``(8) Contracts and agreements with indian tribes for tribal 
        transportation facility programs and projects.--
                  ``(A) In general.--Notwithstanding any other 
                provision of law or any interagency agreement, program 
                guideline, manual, or policy directive, all funds made 
                available to an Indian tribal government under this 
                title or chapter 53 of title 49 for a tribal 
                transportation facility program or project that is 
                located on an Indian reservation or provides access to 
                the reservation or a community of an Indian tribe shall 
                be made available, on the request of the Indian tribal 
                government, to the Indian tribal government for use in 
                carrying out, in accordance with the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450 et seq.), contracts, agreements, and grants for the 
                planning, research, design, engineering, construction, 
                and maintenance relating to the program or project.
                  ``(B) Exclusion of agency participation.--In 
                accordance with subparagraph (A), all funds for a 
                program or project to which subparagraph (A) applies 
                shall be paid to the Indian tribal government without 
                regard to the organizational level at which the 
                Department of the Interior has previously carried out, 
                or the Department of Transportation has previously 
                carried out, the programs, functions, services, or 
                activities involved.
                  ``(C) Consortia.--Two or more Indian tribes that are 
                otherwise eligible to participate in a program or 
                project to which this chapter applies may form a 
                consortium to be considered as a single Indian tribe 
                for the purpose of participating in the project under 
                this section.
                  ``(D) Secretary as signatory.--Notwithstanding any 
                other provision of law, the Secretary is authorized to 
                enter into a funding agreement with an Indian tribal 
                government in accordance with and governed by the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 450 et seq.) to carry out a tribal 
                transportation facility program or project under 
                subparagraph (A) that is located on an Indian 
                reservation or provides access to the reservation or a 
                community of the Indian tribe.
                  ``(E) Funding.--The amount an Indian tribal 
                government receives for a program or project under 
                subparagraph (A) shall equal the sum of the funding 
                that the Indian tribal government would otherwise 
                receive for the program or project in accordance with 
                the funding formula established under this subsection 
                and such additional amounts as the Secretary determines 
                equal the amounts that would have been withheld for the 
                costs of the Bureau of Indian Affairs for 
                administration of the program or project.
                  ``(F) Eligibility.--
                          ``(i) In general.--Subject to clause (ii), 
                        funds may be made available under subparagraph 
                        (A) to an Indian tribal government for a 
                        program or project in a fiscal year only if the 
                        Indian tribal government requesting the funds 
                        demonstrates to the satisfaction of the 
                        Secretary financial stability and financial 
                        management capability during the 3 fiscal years 
                        immediately preceding the fiscal year for which 
                        the request is made.
                          ``(ii) Criteria for determining financial 
                        stability and financial management 
                        capability.--If an Indian tribal government did 
                        not have an uncorrected significant and 
                        material audit exception in a required annual 
                        audit of the Indian tribal government's self-
                        determination contracts or self-governance 
                        funding agreements with a Federal agency during 
                        the 3-fiscal year period referred in clause 
                        (i), the Indian tribe shall be treated as 
                        having conclusive evidence of its financial 
                        stability and financial management capability 
                        for purposes of clause (i).
                  ``(G) Assumption of functions and duties.--An Indian 
                tribal government receiving funding under subparagraph 
                (A) for a program or project shall assume all functions 
                and duties that the Secretary or the Secretary of the 
                Interior would have performed with respect to a program 
                or project under this chapter, other than those 
                functions and duties that inherently cannot be legally 
                transferred under the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450 et seq.).
                  ``(H) Powers.--An Indian tribal government receiving 
                funding under subparagraph (A) for a program or project 
                shall have all powers that the Secretary or the 
                Secretary of the Interior would have exercised in 
                administering the funds transferred to the Indian 
                tribal government for such program or project under 
                this section if the funds had not been transferred, 
                except to the extent that such powers are powers that 
                inherently cannot be legally transferred under the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 450 et seq.).
                  ``(I) Dispute resolution.--In the event of a 
                disagreement between the Secretary or the Secretary of 
                the Interior and an Indian tribe over whether a 
                particular function, duty, or power may be lawfully 
                transferred under the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450 et seq.), the 
                Indian tribe shall have the right to pursue all 
                alternative dispute resolutions and appeal procedures 
                authorized by such Act, including regulations issued to 
                carry out such Act.
                  ``(J) Termination of contract or agreement.--On the 
                date of the termination of a contract or agreement 
                under this section by an Indian tribal government, the 
                Secretary shall transfer all funds that would have been 
                allocated to the Indian tribal government under the 
                contract or agreement to the Secretary of the Interior 
                to provide continued transportation services in 
                accordance with applicable law.
  ``(d) Planning by Indian Tribal Governments.--
          ``(1) In general.--Of the funds made available for a fiscal 
        year to carry out the tribal transportation program, the 
        greater of 2 percent or $35,000 may be allocated to Indian 
        tribal governments that have been authorized to conduct 
        transportation planning pursuant to the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450 et 
        seq.).
          ``(2) Cooperation.--An Indian tribal government described in 
        paragraph (1), in cooperation with the Secretary of the 
        Interior, and as appropriate with a State, local government, or 
        metropolitan planning organization, shall carry out a 
        transportation planning process in accordance with section 
        201(e).
          ``(3) Approval.--Projects selected by an Indian tribal 
        government described in paragraph (1) from a transportation 
        improvement program shall be subject to the approval of the 
        Secretary of the Interior and the Secretary.
  ``(e) Federal-Aid Eligible Project.--Before approving as a project on 
a tribal transportation facility any project eligible funds apportioned 
under section 104 in a State, the Secretary shall determine that the 
obligation of funds for such project is supplementary to and not in 
lieu of the obligation, for projects on tribal transportation 
facilities, of a fair and equitable share of funds apportioned to such 
State under section 104.
  ``(f) Eligibility for Discretionary and Competitive Grants.--
Notwithstanding any other provision of law, an Indian tribe may 
directly apply for and receive any discretionary or competitive grant 
made available to a State or a political subdivision of a State under 
this title or chapter 53 of title 49 in the same manner and under the 
same circumstances as a State or a political subdivision of a State.

``Sec. 203. Federal lands transportation program

  ``(a) In General.--The Secretary shall carry out a Federal lands 
transportation program in accordance with the requirements of this 
section.
  ``(b) Use of Funds.--
          ``(1) In general.--Funds made available to carry out the 
        Federal lands transportation program shall be used by the 
        Secretary and the Secretaries of Federal land management 
        agencies to pay for the following:
                  ``(A) The covered costs of--
                          ``(i) Federal lands highways;
                          ``(ii) vehicular parking areas adjacent to 
                        Federal lands highways (which may include 
                        electric vehicle charging stations);
                          ``(iii) pedestrian walkways and bicycle 
                        transportation facilities (as defined in 
                        section 217) on Federal lands; and
                          ``(iv) roadside rest areas, including 
                        sanitary and water facilities, on Federal 
                        lands.
                  ``(B) The costs of transportation projects on public 
                roads or trails eligible for assistance under this 
                title that are within, or provide access to, Federal 
                lands.
                  ``(C) The costs of public transportation projects 
                eligible for assistance under section 5311(b)(1) of 
                title 49 that are within, or provide access to, Federal 
                lands (without regard to whether the project is located 
                in an urbanized area).
                  ``(D) The costs of rehabilitation, restoration, and 
                construction of interpretive signage at Federal lands 
                highways.
                  ``(E) The costs of acquisition of necessary scenic 
                easements and scenic or historic sites associated with 
                Federal lands highways.
          ``(2) Covered costs defined.--In paragraph (1), the term 
        `covered costs' means the costs of program administration, 
        transportation planning, research, preventive maintenance, 
        engineering, rehabilitation, restoration, construction, and 
        reconstruction.
          ``(3) Contract.--In connection with an activity described in 
        paragraph (1), the Secretary and the Secretary of the 
        appropriate Federal land management agency may enter into a 
        contract or other appropriate agreement with respect to such 
        activity with--
                  ``(A) a State (including a political subdivision of a 
                State); or
                  ``(B) an Indian tribe.
          ``(4) Administration.--All appropriations for the 
        construction and improvement of Federal lands transportation 
        facilities shall be administered in conformity with regulations 
        and agreements jointly approved by the Secretary and the 
        Secretary of the appropriate Federal land management agency.
          ``(5) Cooperation.--
                  ``(A) In general.--The cooperation of States and 
                political subdivisions of States may be accepted in 
                construction and improvement of Federal lands 
                transportation facilities.
                  ``(B) Crediting of funds.--Any funds received from a 
                State or a political subdivision of a State for such 
                construction or improvement of Federal lands 
                transportation facilities shall be credited to 
                appropriations available for the class of Federal lands 
                transportation facilities to which funds were 
                contributed.
          ``(6) Competitive bidding.--Construction of a project under 
        the Federal lands transportation program shall be performed 
        pursuant to a contract awarded by competitive bidding unless 
        the Secretary or the Secretary of the appropriate Federal land 
        management agency affirmatively finds that, under the 
        circumstances relating to the project, some other method is in 
        the public interest.
  ``(c) Agency Program Distributions.--
          ``(1) In general.--On October 1 of each fiscal year, the 
        Secretary shall allocate the funds made available to carry out 
        the Federal lands transportation program for the fiscal year on 
        the basis of applications of need, as determined by the 
        Secretary, and in coordination with the transportation plans 
        required by section 201(e), of the respective transportation 
        systems of the Federal land management agencies.
          ``(2) Minimum allocations.--When making an allocation of 
        funds under paragraph (1) for a fiscal year, the Secretary 
        shall ensure that, of the total amount of funds subject to the 
        allocation--
                  ``(A) the National Park Service receives, at a 
                minimum, 38 percent;
                  ``(B) the Forest Service receives, at a minimum, 32 
                percent; and
                  ``(C) the United States Fish and Wildlife Service 
                receives, at a minimum, 4.5 percent.
          ``(3) Applications.--
                  ``(A) In general.--The Secretary of a Federal land 
                management agency may submit to the Secretary an 
                application for assistance under the Federal lands 
                transportation program.
                  ``(B) Contents.--An application submitted by the 
                Secretary of a Federal land management agency under 
                subparagraph (A) shall contain such information as the 
                Secretary may require, including a description of any 
                proposed program for which the agency is seeking 
                assistance and the potential funding levels for the 
                program.
                  ``(C) Considerations.--In reviewing a proposed 
                program described in an application submitted by the 
                Secretary of a Federal land management agency under 
                subparagraph (A), the Secretary shall consider the 
                extent to which the program supports--
                          ``(i) a state of good repair of 
                        transportation facilities across the agency's 
                        inventory;
                          ``(ii) a reduction of deficient bridges 
                        across the agency's inventory;
                          ``(iii) improvement of safety across the 
                        agency's inventory;
                          ``(iv) high use Federal recreation sites or 
                        Federal economic generators; and
                          ``(v) the resource management goals of the 
                        Secretary of the respective Federal land 
                        management agency.
  ``(d) National Federal Lands Highways Inventory.--
          ``(1) In general.--The Secretaries of the Federal land 
        management agencies, in cooperation with the Secretary, shall 
        maintain a comprehensive national inventory of Federal lands 
        highways.
          ``(2) Highways included in the inventory.--For purposes of 
        identifying the Federal lands transportation system and 
        determining the relative transportation needs among Federal 
        land management agencies, the inventory shall include, at a 
        minimum, highways that--
                  ``(A) provide access to high use Federal recreation 
                sites or Federal economic generators, as determined by 
                the Secretary in coordination with the Secretaries of 
                the Federal land management agencies; and
                  ``(B) are administered by a Federal land management 
                agency.
          ``(3) Availability.--The Secretary of each Federal land 
        management agency shall maintain an inventory of the Federal 
        lands highways administered by the agency and make the 
        inventory available to the Secretary.
          ``(4) Updates.--The Secretary of each Federal land management 
        agency shall update its inventory referred to in paragraph (3) 
        as determined by the Secretary.
          ``(5) Review.--A decision to add or remove a highway from an 
        inventory referred to in paragraph (1) or (4) shall not be 
        considered a Federal action for purposes of review under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).''.

SEC. 1502. DEFINITIONS.

  (a) Repeals.--Paragraphs (7), (9), (12), (19), (20), (24), (25), 
(26), and (28) of section 101(a) are repealed.
  (b) Definitions Relating to Federal Lands and Tribal Transportation 
Programs.--Section 101(a) is amended by adding at the end the 
following:
          ``(40) Federal land management agency.--The term `Federal 
        land management agency' means each of the following:
                  ``(A) The National Park Service.
                  ``(B) The Forest Service.
                  ``(C) The United States Fish and Wildlife Service.
                  ``(D) The Corps of Engineers.
                  ``(E) The Bureau of Land Management.
          ``(41) Federal lands.--The term `Federal lands' means lands 
        administered by a Federal land management agency.
          ``(42) Federal lands highway.--The term `Federal lands 
        highway' means a public road, highway, bridge, or trail that is 
        located on, is adjacent to, or provides access to Federal lands 
        and appears on the national inventory of Federal lands highways 
        maintained under section 203(d).
          ``(43) Federal lands transportation facility.--The term 
        `Federal lands transportation facility' means a transportation 
        facility eligible for assistance under section 203(b).
          ``(44) Tribal road.--The term `tribal road' means a public 
        road, highway, bridge, or trail that is located on or provides 
        access to tribal lands and appears on the national inventory of 
        tribal roads maintained under section 202(c).
          ``(45) Tribal transportation facility.--The term `tribal 
        transportation facility' means a transportation facility 
        eligible for assistance under section 202(b).''.

SEC. 1503. CONFORMING AMENDMENTS.

  (a) Federal Share Payable.--Section 120 is amended--
          (1) in subsection (e) 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 ``tribal 
        roads and Federal lands highways''; and
          (2) in subsection (l)--
                  (A) in the subsection heading by striking ``Federal 
                Lands Highways Program'' and inserting ``Tribal 
                Transportation Program and Federal Lands Transportation 
                Program''; and
                  (B) by striking ``the Federal lands highways program 
                under section 204'' and inserting ``the tribal 
                transportation program under section 202 and the 
                Federal lands transportation program under section 
                203''.
  (b) Preservation of Parklands.--Section 138(a) is amended by striking 
``park road or parkway under section 204 of this title'' and inserting 
``Federal lands transportation facility under section 203''.
  (c) Efficient Environmental Reviews for Project Decisionmaking.--
Section 139(j)(3) is amended--
          (1) in the paragraph heading by striking ``Use of federal 
        lands highway funds'' and inserting ``Use of tribal 
        transportation program and federal lands transportation program 
        funds''; and
          (2) by striking ``section 204'' and inserting ``sections 202 
        and 203''.
  (d) Bicycle Transportation and Pedestrian Walkways.--Section 217(c) 
is amended--
          (1) in the subsection heading by striking ``Federal Lands 
        Highways'' and inserting ``Tribal Transportation Program and 
        Federal Lands Transportation Program Funds''; and
          (2) by striking ``Funds authorized for'' and all that follows 
        through ``public lands highways'' and inserting ``Funds 
        authorized for tribal transportation facilities and Federal 
        lands transportation facilities''.
  (e) Rules, Regulations, and Recommendations.--Section 315 is amended 
by striking ``sections 204(f) and 205(a) of this title'' and inserting 
``sections 203(b)(4) and 205(a)''.

SEC. 1504. REPEALS; EFFECTIVE DATE.

  (a) In General.--Sections 204 and 214, and the items relating to such 
sections in the analysis for chapter 2, are repealed.
  (b) Existing Funds.--A repeal or amendment made by this subtitle 
shall not affect funds apportioned or allocated (or funds awarded but 
not yet allocated) before the effective date of the repeal or 
amendment.

SEC. 1505. CLERICAL AMENDMENT.

  The analysis for chapter 2 is amended by striking the items relating 
to sections 201 through 203 and inserting the following:

``201. General provisions.
``202. Tribal transportation program.
``203. Federal lands transportation program.''.

SEC. 1506. TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM.

  (a) In General.--Chapter 2 is amended by inserting after section 206 
the following:

``Sec. 207. Tribal transportation self-governance program

  ``(a) Establishment.--Subject to the requirements of this section, 
the Secretary shall establish and carry out a program to be known as 
the tribal transportation self-governance program. The Secretary may 
delegate responsibilities for administration of the program as the 
Secretary determines appropriate.
  ``(b) Eligibility.--
          ``(1) In general.--An Indian tribe shall be eligible to 
        participate in the program if the Indian tribe--
                  ``(A) requests participation in the program by 
                resolution or other official action by the governing 
                body of the Indian tribe; and
                  ``(B) demonstrates, for the preceding 3 fiscal years, 
                financial stability and financial management 
                capability.
          ``(2) Criteria for determining financial stability and 
        financial management capacity.--For the purposes of paragraph 
        (1)(B), evidence that, during the preceding 3 fiscal years, an 
        Indian tribe had no uncorrected significant and material audit 
        exceptions in the required annual audit of the Indian tribe's 
        self-determination contracts or self-governance funding 
        agreements with any Federal agency shall be conclusive evidence 
        of the required stability and capability.
  ``(c) Compacts.--
          ``(1) Compact required.--Upon the request of an eligible 
        Indian tribe, and subject to the requirements of this section, 
        the Secretary shall negotiate and enter into a written compact 
        with the Indian tribe for the purpose of providing for the 
        participation of the Indian tribe in the program.
          ``(2) Contents.--A compact entered into under paragraph (1) 
        shall set forth the general terms of the government-to-
        government relationship between the Indian tribe and the United 
        States under the program and other terms that will continue to 
        apply in future fiscal years.
          ``(3) Amendments.--A compact entered into with an Indian 
        tribe under paragraph (1) may be amended only by mutual 
        agreement of the Indian tribe and the Secretary.
  ``(d) Annual Funding Agreements.--
          ``(1) Funding agreement required.--After entering into a 
        compact with an Indian tribe under subsection (c), the 
        Secretary shall negotiate and enter into a written annual 
        funding agreement with the Indian tribe.
          ``(2) Contents.--
                  ``(A) In general.--
                          ``(i) Discretionary and competitive grants.--
                        A funding agreement entered into with an Indian 
                        tribe shall authorize the Indian tribe, as 
                        determined by the Indian tribe, to plan, 
                        conduct, consolidate, administer, and receive 
                        full tribal share funding and funding to tribes 
                        from discretionary and competitive grants 
                        administered by the Department for all 
                        programs, services, functions, and activities 
                        (or portions thereof) that are made available 
                        to Indian tribes to carry out tribal 
                        transportation programs and programs, services, 
                        functions, and activities (or portions thereof) 
                        administered by the Secretary that are 
                        otherwise available to Indian tribes.
                          ``(ii) Transfers of state funds.--
                                  ``(I) Inclusion of transferred funds 
                                in funding agreement.--A funding 
                                agreement entered into with an Indian 
                                tribe shall include Federal-aid funds 
                                apportioned to a State under chapter 1 
                                if the State elects to provide a 
                                portion of such funds to the Indian 
                                tribe for a project eligible under 
                                section 202(b).
                                  ``(II) Method for transfers.--If a 
                                State elects to provide funds described 
                                in subclause (I) to an Indian tribe, 
                                the State shall transfer the funds back 
                                to the Secretary and the Secretary 
                                shall transfer the funds to the Indian 
                                tribe in accordance with this section.
                                  ``(III) Responsibility for 
                                transferred funds.--Notwithstanding any 
                                other provision of law, if a State 
                                provides funds described in subclause 
                                (I) to an Indian tribe--
                                          ``(aa) the State shall not be 
                                        responsible for constructing or 
                                        maintaining a project carried 
                                        out using the funds or for 
                                        administering or supervising 
                                        the project or funds during the 
                                        applicable statute of 
                                        limitations period related to 
                                        the construction of the 
                                        project; and
                                          ``(bb) the Indian tribe shall 
                                        be responsible for constructing 
                                        and maintaining a project 
                                        carried out using the funds and 
                                        for administering and 
                                        supervising the project and 
                                        funds in accordance with this 
                                        section during the applicable 
                                        statute of limitations period 
                                        related to the construction of 
                                        the project.
                  ``(B) Administration of tribal shares.--The tribal 
                shares referred to in subparagraph (A) shall be 
                provided without regard to the agency or office of the 
                Department within which the program, service, function, 
                or activity (or portion thereof) is performed.
                  ``(C) Flexible and innovative financing.--
                          ``(i) In general.--A funding agreement 
                        entered into with an Indian tribe under 
                        paragraph (1) shall include provisions 
                        pertaining to flexible and innovative financing 
                        if agreed upon by the parties.
                          ``(ii) Terms and conditions.--
                                  ``(I) Authority to issue 
                                regulations.--The Secretary may issue 
                                regulations to establish the terms and 
                                conditions relating to the flexible and 
                                innovative financing provisions 
                                referred to in clause (i).
                                  ``(II) Terms and conditions in 
                                absence of regulations.--If the 
                                Secretary does not issue regulations 
                                under subclause (I), the terms and 
                                conditions relating to the flexible and 
                                innovative financing provisions 
                                referred to in clause (i) shall be 
                                consistent with--
                                          ``(aa) agreements entered 
                                        into by the Department under 
                                        section 202(c)(8) before the 
                                        date of enactment of the 
                                        American Energy and 
                                        Infrastructure Jobs Act of 
                                        2012; or
                                          ``(bb) regulations of the 
                                        Department of the Interior 
                                        relating to flexible financing 
                                        contained in part 170 of title 
                                        25, Code of Federal 
                                        Regulations, as in effect on 
                                        the date of enactment of such 
                                        Act.
          ``(3) Discretionary and competitive grants.--Notwithstanding 
        any other provision of law, an Indian tribe shall be eligible 
        to directly apply for and receive the discretionary and 
        competitive grants made available under transportation programs 
        that States or political subdivisions of States are eligible to 
        apply for and receive.
          ``(4) Terms.--A funding agreement shall set forth--
                  ``(A) terms that generally identify the programs, 
                services, functions, and activities (or portions 
                thereof) to be performed or administered by the Indian 
                tribe; and
                  ``(B) for items identified in subparagraph (A)--
                          ``(i) the general budget category assigned;
                          ``(ii) the funds to be provided, including 
                        those funds to be provided on a recurring 
                        basis;
                          ``(iii) the time and method of transfer of 
                        the funds;
                          ``(iv) the responsibilities of the Secretary 
                        and the Indian tribe; and
                          ``(v) any other provision agreed to by the 
                        Indian tribe and the Secretary.
          ``(5) Subsequent funding agreements.--
                  ``(A) Applicability of existing agreement.--Absent 
                notification from an Indian tribe that the Indian tribe 
                is withdrawing from or retroceding the operation of one 
                or more programs, services, functions, or activities 
                (or portions thereof) identified in a funding 
                agreement, or unless otherwise agreed to by the 
                parties, each funding agreement shall remain in full 
                force and effect until a subsequent funding agreement 
                is executed.
                  ``(B) Effective date of subsequent agreement.--The 
                terms of the subsequent funding agreement shall be 
                retroactive to the end of the term of the preceding 
                funding agreement.
          ``(6) Consent of indian tribe required.--The Secretary shall 
        not revise, amend, or require additional terms in a new or 
        subsequent funding agreement without the consent of the Indian 
        tribe that is subject to the agreement unless such terms are 
        required by Federal law.
  ``(e) General Provisions.--
          ``(1) Redesign and consolidation.--
                  ``(A) In general.--An Indian tribe, in any manner 
                that the Indian tribe considers to be in the best 
                interest of the Indian community being served, may--
                          ``(i) redesign or consolidate programs, 
                        services, functions, and activities (or 
                        portions thereof) included in a funding 
                        agreement; and
                          ``(ii) reallocate or redirect funds for such 
                        programs, services, functions, and activities 
                        (or portions thereof), if the funds are--
                                  ``(I) expended on projects identified 
                                in a transportation improvement program 
                                approved by the Secretary; and
                                  ``(II) used in accordance with 
                                appropriations Acts and other 
                                applicable statutory limitations.
                  ``(B) Exception.--Notwithstanding subparagraph (A), 
                if, pursuant to subsection (d), an Indian tribe 
                receives a discretionary or competitive grant from the 
                Secretary or receives State apportioned funds, the 
                Indian tribe shall use the funds for the purpose for 
                which the funds were originally authorized.
          ``(2) Retrocession.--
                  ``(A) In general.--
                          ``(i) Authority of indian tribes.--An Indian 
                        tribe may retrocede (fully or partially) to the 
                        Secretary programs, services, functions, or 
                        activities (or portions thereof) included in a 
                        compact or funding agreement.
                          ``(ii) Reassumption of remaining funds.--
                        Following a retrocession described in clause 
                        (i), the Secretary may--
                                  ``(I) reassume the remaining funding 
                                associated with the retroceded 
                                programs, functions, services, and 
                                activities (or portions thereof) 
                                included in the applicable compact or 
                                funding agreement;
                                  ``(II) out of such remaining funds, 
                                transfer funds associated with 
                                Department of Interior programs, 
                                services, functions, or activities (or 
                                portions thereof) to the Secretary of 
                                the Interior to carry out 
                                transportation services provided by the 
                                Secretary of the Interior; and
                                  ``(III) distribute funds not 
                                transferred under subclause (II) in 
                                accordance with applicable law.
                          ``(iii) Correction of programs.--If the 
                        Secretary makes a finding under subsection 
                        (f)(2)(B) and no funds are available under 
                        subsection (f)(2)(A)(ii), the Secretary shall 
                        not be required to provide additional funds to 
                        complete or correct any programs, functions, or 
                        activities (or portions thereof).
                  ``(B) Effective date.--Unless the Indian tribe 
                rescinds a request for retrocession, the retrocession 
                shall become effective within the timeframe specified 
                by the parties in the compact or funding agreement. In 
                the absence of such a specification, the retrocession 
                shall become effective on--
                          ``(i) the earlier of--
                                  ``(I) 1 year after the date of 
                                submission of the request; or
                                  ``(II) the date on which the funding 
                                agreement expires; or
                          ``(ii) such date as may be mutually agreed 
                        upon by the parties and, with respect to 
                        Department of the Interior programs, functions, 
                        services, and activities (or portions thereof), 
                        the Secretary of the Interior.
  ``(f) Provisions Relating to the Secretary.--
          ``(1) Decisionmaker.--A decision that constitutes a final 
        agency action and relates to an appeal of the rejection of a 
        final offer by the Department shall be made either--
                  ``(A) by an official of the Department who holds a 
                position at a higher organizational level within the 
                Department than the level of the departmental agency in 
                which the decision that is the subject of the appeal 
                was made; or
                  ``(B) by an administrative judge.
          ``(2) Termination of compact or funding agreement.--
                  ``(A) Authority to terminate.--
                          ``(i) Provision to be included in compact or 
                        funding agreement.--A compact or funding 
                        agreement shall include a provision authorizing 
                        the Secretary, if the Secretary makes a finding 
                        described in subparagraph (B), to--
                                  ``(I) terminate the compact or 
                                funding agreement (or a portion 
                                thereof); and
                                  ``(II) reassume the remaining funding 
                                associated with the reassumed programs, 
                                functions, services, and activities 
                                included in the compact or funding 
                                agreement.
                          ``(ii) Transfers of funds.--Out of any funds 
                        reassumed under clause (i)(II), the Secretary 
                        may transfer the funds associated with 
                        Department of the Interior programs, functions, 
                        services, and activities (or portions thereof) 
                        to the Secretary of the Interior to provide 
                        continued transportation services in accordance 
                        with applicable law.
                  ``(B) Findings resulting in termination.--The finding 
                referred to in subparagraph (A) is a specific finding 
                of--
                          ``(i) imminent jeopardy to a trust asset, 
                        natural resources, or public health and safety 
                        that is caused by an act or omission of the 
                        Indian tribe and that arises out of a failure 
                        to carry out the compact or funding agreement, 
                        as determined by the Secretary; or
                          ``(ii) gross mismanagement with respect to 
                        funds or programs transferred to the Indian 
                        tribe under the compact or funding agreement, 
                        as determined by the Secretary in consultation 
                        with the Inspector General of the Department, 
                        as appropriate.
                  ``(C) Prohibition.--The Secretary shall not terminate 
                a compact or funding agreement (or portion thereof) 
                unless--
                          ``(i) the Secretary has first provided 
                        written notice and a hearing on the record to 
                        the Indian tribe that is subject to the compact 
                        or funding agreement; and
                          ``(ii) the Indian tribe has not taken 
                        corrective action to remedy the mismanagement 
                        of funds or programs or the imminent jeopardy 
                        to a trust asset, natural resource, or public 
                        health and safety.
                  ``(D) Exception.--
                          ``(i) In general.--Notwithstanding 
                        subparagraph (C), the Secretary, upon written 
                        notification to an Indian tribe that is subject 
                        to a compact or funding agreement, may 
                        immediately terminate the compact or funding 
                        agreement (or portion thereof) if--
                                  ``(I) the Secretary makes a finding 
                                of imminent substantial and irreparable 
                                jeopardy to a trust asset, natural 
                                resource, or public health and safety; 
                                and
                                  ``(II) the jeopardy arises out of a 
                                failure to carry out the compact or 
                                funding agreement.
                          ``(ii) Hearings.--If the Secretary terminates 
                        a compact or funding agreement (or portion 
                        thereof) under clause (i), the Secretary shall 
                        provide the Indian tribe subject to the compact 
                        or agreement with a hearing on the record not 
                        later than 10 days after the date of such 
                        termination.
                  ``(E) Burden of proof.--In any hearing or appeal 
                involving a decision to terminate a compact or funding 
                agreement (or portion thereof) under this paragraph, 
                the Secretary shall have the burden of proof in 
                demonstrating by clear and convincing evidence the 
                validity of the grounds for the termination.
  ``(g) Cost Principles.--In administering funds received under this 
section, an Indian tribe shall apply cost principles under the 
applicable Office of Management and Budget circular, except as modified 
by section 106 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450j-1), other provisions of law, or by any 
exemptions to applicable Office of Management and Budget circulars 
subsequently granted by the Office of Management and Budget. No other 
audit or accounting standards shall be required by the Secretary. Any 
claim by the Federal Government against the Indian tribe relating to 
funds received under a funding agreement based on any audit conducted 
pursuant to this subsection shall be subject to the provisions of 
section 106(f) of such Act (25 U.S.C. 450j-1(f)).
  ``(h) Transfer of Funds.--The Secretary shall provide funds to an 
Indian tribe under a funding agreement in an amount equal to--
          ``(1) the sum of the funding that the Indian tribe would 
        otherwise receive for the program, function, service, or 
        activity in accordance with a funding formula or other 
        allocation method established under this title or chapter 53 of 
        title 49; and
          ``(2) such additional amounts as the Secretary determines 
        equal the amounts that would have been withheld for the costs 
        of the Bureau of Indian Affairs for administration of the 
        program or project.
  ``(i) Construction Programs.--
          ``(1) Standards.--Construction projects carried out under 
        programs administered by an Indian tribe with funds transferred 
        to the Indian tribe pursuant to a funding agreement entered 
        into under this section shall be constructed pursuant to the 
        construction program standards set forth in applicable 
        regulations or as specifically approved by the Secretary (or 
        the Secretary's designee).
          ``(2) Monitoring.--Construction programs shall be monitored 
        by the Secretary in accordance with applicable regulations.
  ``(j) Facilitation.--
          ``(1) Secretarial interpretation.--Except as otherwise 
        provided by law, the Secretary shall interpret all Federal 
        laws, Executive orders, and regulations in a manner that will 
        facilitate--
                  ``(A) the inclusion of programs, services, functions, 
                and activities (or portions thereof) and funds 
                associated therewith, in compacts and funding 
                agreements; and
                  ``(B) the implementation of the compacts and funding 
                agreements.
          ``(2) Regulation waiver.--
                  ``(A) In general.--An Indian tribe may submit to the 
                Secretary a written request to waive application of a 
                regulation promulgated under this section with respect 
                to a compact or funding agreement. The request shall 
                identify the regulation sought to be waived and the 
                basis for the request.
                  ``(B) Approvals and denials.--
                          ``(i) In general.--Not later than 90 days 
                        after the date of receipt of a written request 
                        under subparagraph (A), the Secretary shall 
                        approve or deny the request in writing.
                          ``(ii) Denials.--The Secretary may deny a 
                        request under clause (i) only if the Secretary 
                        finds that the identified language in the 
                        regulation may not be waived because the waiver 
                        is prohibited by Federal law.
                          ``(iii) Deemed approval.--If the Secretary 
                        does not approve or deny a request submitted 
                        under subparagraph (A) on or before the last 
                        day of the 90-day period referred to in clause 
                        (i), the request shall be deemed approved.
                          ``(iv) Finality of decisions.--A decision by 
                        the Secretary under this subparagraph shall be 
                        final for the Department.
  ``(k) Disclaimers.--
          ``(1) Existing authority.--Notwithstanding any other 
        provision of law, upon the election of an Indian tribe, the 
        Secretary shall--
                  ``(A) maintain current Federal Highway Administration 
                Indian reservation roads program and funding 
                agreements; or
                  ``(B) enter into new agreements under the authority 
                of section 202(c)(8).
          ``(2) Limitation on statutory construction.--Nothing in this 
        section may be construed to impair or diminish the authority of 
        the Secretary under section 202(c)(8).
  ``(l) Applicability of Indian Self-Determination and Education 
Assistance Act.--Except to the extent in conflict with this section (as 
determined by the Secretary), the following provisions of the Indian 
Self-Determination and Education Assistance Act shall apply to compact 
and funding agreements (except that references to the Secretary of the 
Interior in such provisions shall treated as a references to the 
Secretary of Transportation):
          ``(1) Subsections (a), (b), (d), (g), and (h) of section 506 
        of such Act (25 U.S.C. 458aaa-5), relating to general 
        provisions.
          ``(2) Subsections (b) through (e) and (g) of section 507 of 
        such Act (25 U.S.C.458aaa-6), relating to provisions relating 
        to the Secretary of Health and Human Services.
          ``(3) Subsections (a), (b), (d), (e), (g), (h), (i), and (k) 
        of section 508 of such Act (25 U.S.C. 458aaa-7), relating to 
        transfer of funds.
          ``(4) Section 510 of such Act (25 U.S.C. 458aaa-9), relating 
        to Federal procurement laws and regulations.
          ``(5) Section 511 of such Act (25 U.S.C. 458aaa-10), relating 
        to civil actions.
          ``(6) Subsections (a)(1), (a)(2), and (c) through (f) of 
        section 512 of such Act (25 U.S.C. 458aaa-11), relating to 
        facilitation, except that subsection (c)(1) of that section 
        shall be applied by substituting `transportation facilities and 
        other facilities' for `school buildings, hospitals, and other 
        facilities'.
          ``(7) Subsections (a) and (b) of section 515 of such Act (25 
        U.S.C. 458aaa-14), relating to disclaimers.
          ``(8) Subsections (a) and (b) of section 516 of such Act (25 
        U.S.C. 458aaa-15), relating to application of title I 
        provisions.
          ``(9) Section 518 of such Act (25 U.S.C. 458aaa-17), relating 
        to appeals.
  ``(m) Definitions.--
          ``(1) In general.--In this section, the following definitions 
        apply (except as otherwise expressly provided):
                  ``(A) Compact.--The term `compact' means a compact 
                between the Secretary and an Indian tribe entered into 
                under subsection (c).
                  ``(B) Department.--The term `Department' means the 
                Department of Transportation.
                  ``(C) Eligible indian tribe.--The term `eligible 
                Indian tribe' means an Indian tribe that is eligible to 
                participate in the program, as determined under 
                subsection (b).
                  ``(D) Funding agreement.--The term `funding 
                agreement' means a funding agreement between the 
                Secretary and an Indian tribe entered into under 
                subsection (d).
                  ``(E) Indian tribe.--The term `Indian tribe' means 
                any Indian or Alaska Native tribe, band, nation, 
                pueblo, village, or community that the Secretary of the 
                Interior acknowledges to exist as an Indian tribe under 
                the Federally Recognized Indian Tribe List Act of 1994 
                (25 U.S.C. 479a). In any case in which an Indian tribe 
                has authorized another Indian tribe, an inter-tribal 
                consortium, or a tribal organization to plan for or 
                carry out programs, services, functions, or activities 
                (or portions thereof) on its behalf under this part, 
                the authorized Indian tribe, inter-tribal consortium, 
                or tribal organization shall have the rights and 
                responsibilities of the authorizing Indian tribe 
                (except as otherwise provided in the authorizing 
                resolution or in this title). In such event, the term 
                `Indian tribe' as used in this part shall include such 
                other authorized Indian tribe, inter-tribal consortium, 
                or tribal organization.
                  ``(F) Program.--The term `program' means the tribal 
                transportation self-governance program established 
                under this section.
                  ``(G) Secretary.--The term `Secretary' means the 
                Secretary of Transportation.
                  ``(H) Transportation programs.--The term 
                `transportation programs' means all programs 
                administered or financed by the Department under this 
                title and chapter 53 of title 49.
          ``(2) Applicability of other definitions.--In this section, 
        the definitions set forth in sections 4 and 505 of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        450b; 458aaa) apply, except as otherwise expressly provided in 
        this section.
  ``(n) Regulations.--
          ``(1) In general.--
                  ``(A) Promulgation.--Not later than 90 days after the 
                date of enactment of the American Energy and 
                Infrastructure Jobs Act of 2012, the Secretary shall 
                initiate procedures under subchapter III of chapter 5 
                of title 5 to negotiate and promulgate such regulations 
                as are necessary to carry out this section.
                  ``(B) Publication of proposed regulations.--Proposed 
                regulations to implement this section shall be 
                published in the Federal Register by the Secretary not 
                later than 21 months after such date of enactment.
                  ``(C) Expiration of authority.--The authority to 
                promulgate regulations under this paragraph shall 
                expire 30 months after such date of enactment.
                  ``(D) Extension of deadlines.--A deadline set forth 
                in subparagraph (B) or (C) may be extended up to 180 
                days if the negotiated rulemaking committee referred to 
                in paragraph (2) concludes that the committee cannot 
                meet the deadline and the Secretary so notifies the 
                appropriate committees of Congress.
          ``(2) Committee.--
                  ``(A) In general.--A negotiated rulemaking committee 
                established pursuant to section 565 of title 5 to carry 
                out this subsection shall have as its members only 
                Federal and tribal government representatives, a 
                majority of whom shall be nominated by and be 
                representatives of Indian tribes with funding 
                agreements under this title.
                  ``(B) Requirements.--The committee shall confer with, 
                and accommodate participation by, representatives of 
                Indian tribes, inter-tribal consortia, tribal 
                organizations, and individual tribal members.
                  ``(C) Adaptation of procedures.--The Secretary shall 
                adapt the negotiated rulemaking procedures to the 
                unique context of self-governance and the government-
                to-government relationship between the United States 
                and Indian tribes.
          ``(3) Effect.--The lack of promulgated regulations shall not 
        limit the effect of this section.
          ``(4) Effect of circulars, policies, manuals, guidance, and 
        rules.--Unless expressly agreed to by the participating Indian 
        tribe in the compact or funding agreement, the participating 
        Indian tribe shall not be subject to any agency circular, 
        policy, manual, guidance, or rule adopted by the Department of 
        Transportation, except regulations promulgated under this 
        section.''.
  (b) Clerical Amendment.--The analysis for such chapter is amended by 
inserting after the item relating to section 206 the following:

``207. Tribal transportation self-governance program.''.

           Subtitle F--Program Elimination and Consolidation

SEC. 1601. PROGRAM ELIMINATION AND CONSOLIDATION.

  (a) General Provisions.--
          (1) Existing funds.--A repeal or amendment made by this 
        section shall not affect funds apportioned or allocated before 
        the effective date of the repeal.
          (2) Amendatory provisions.--A repeal made by this section of 
        a provision that contains an amendment to or repeal of another 
        law shall not be construed to affect that law. The amendment to 
        or repeal of that law shall remain in effect as if this section 
        had not been enacted.
  (b) Revenue Aligned Budget Authority.--Section 110, and the item 
relating to that section in the analysis for chapter 1, are repealed.
  (c) High Priority Projects Program.--Section 117, and the item 
relating to that section in the analysis for chapter 1, are repealed.
  (d) Set Asides for Interstate Discretionary Projects.--Section 118(c) 
is repealed.
  (e) Control of Junkyards.--Section 136, and the item relating to that 
section in the analysis for chapter 1, are repealed.
  (f) Highway Bridge Program.--Section 144, and the item relating to 
that section in the analysis for chapter 1, are repealed.
  (g) Hazard Elimination Program.--Section 152, and the item relating 
to that section in the analysis for chapter 1, are repealed.
  (h) Safety Incentive Grants for the Use of Seat Belts.--Section 157, 
and the item relating to that section in the analysis for chapter 1, 
are repealed.
  (i) Access Highways to Public Recreation Areas on Certain Lakes.--
Section 155, and the item relating to that section in the analysis for 
chapter 1, are repealed.
  (j) Reimbursement for Segments of the Interstate System Constructed 
Without Federal Assistance.--Section 160, and the item relating to that 
section in the analysis for chapter 1, are repealed.
  (k) National Scenic Byways Program.--Section 162, and the item 
relating to that section in the analysis for chapter 1, are repealed.
  (l) Inter-American Highway.--Section 212, and the item relating to 
that section in the analysis for chapter 2, are repealed.
  (m) Darien Gap Highway.--Section 216, and the item relating to that 
section in the analysis for chapter 2, are repealed.
  (n) State Coordinators.--Section 217 (as amended by this Act) is 
further amended--
          (1) by striking subsection (d); and
          (2) by redesignating subsections (e) through (j) as 
        subsections (d) through (i), respectively.
  (o) Alaska Highway.--Section 218 is amended--
          (1) in subsection (a)--
                  (A) by striking the first 2 sentences;
                  (B) in the third sentence--
                          (i) by striking ``, in addition to such 
                        funds,''; and
                          (ii) by striking ``such highway or''; and
                  (C) by striking ``No expenditures'' and all that 
                follows through the period at the end;
          (2) by striking subsection (b); and
          (3) by redesignating subsection (c) as subsection (b).
  (p) Management Systems.--Section 303, and the item relating to that 
section in the analysis for chapter 3, are repealed.
  (q) Cooperation With Other American Republics.--Section 309, and the 
item relating to that section in the analysis for chapter 3, are 
repealed.
  (r) Landscaping and Scenic Enhancement.--Section 319 is amended--
          (1) by striking ``(a) Landscape and Roadside Development.--
        ''; and
          (2) by striking subsection (b).
  (s) Magnetic Levitation Transportation Technology Deployment 
Program.--Section 322, and the item relating to that section in the 
analysis for chapter 3, are repealed.
  (t) Transportation, Community, and System Preservation Program.--
Section 1117 of SAFETEA-LU (119 Stat. 1177), and the item relating to 
that section in the table of contents contained in section 1(b) of that 
Act, are repealed.
  (u) Projects of National and Regional Significance.--Section 1301 of 
SAFETEA-LU (119 Stat. 1198), and the item relating to that section in 
the table of contents contained in section 1(b) of that Act, are 
repealed.
  (v) National Corridor Infrastructure Improvement Program.--Section 
1302 of SAFETEA-LU (119 Stat. 1204), and the item relating to that 
section in the table of contents contained in section 1(b) of that Act, 
are repealed.
  (w) Truck Parking Facilities.--Section 1305 of SAFETEA-LU (119 Stat. 
1214), and the item relating to that section in the table of contents 
contained in section 1(b) of that Act, are repealed.
  (x) Freight Intermodal Distribution Pilot Grant Program.--Section 
1306 of SAFETEA-LU (119 Stat. 1215), and the item relating to that 
section in the table of contents contained in section 1(b) of that Act, 
are repealed.
  (y) Deployment of Magnetic Levitation Transportation Projects.--
Section 1307 of SAFETEA-LU (119 Stat. 1217), and the item relating to 
that section in the table of contents contained in section 1(b) of that 
Act, are repealed.
  (z) Delta Region Transportation Development Program.--Section 1308 of 
SAFETEA-LU (119 Stat. 1218), and the item relating to that section in 
the table of contents contained in section 1(b) of that Act, are 
repealed.
  (aa) Safe Routes to School Program.--Section 1404 of SAFETEA-LU (119 
Stat. 1228), and the item relating to that section in the table of 
contents contained in section 1(b) of that Act, are repealed.
  (bb) National Work Zone Safety Information Clearinghouse.--Section 
1410 of SAFETEA-LU (119 Stat. 1233), and the item relating to that 
section in the table of contents contained in section 1(b) of that Act, 
are repealed.
  (cc) Roadway Safety.--Section 1411(b) of SAFETEA-LU (119 Stat. 1234) 
is repealed.
  (dd) Highways for LIFE Pilot Program.--Section 1502 of SAFETEA-LU 
(119 Stat. 1236), and the item relating to that section in the table of 
contents contained in section 1(b) of that Act, are repealed.
  (ee) Express Lanes Demonstration Program.--Section 1604(b) of 
SAFETEA-LU (119 Stat. 1250) is repealed.
  (ff) Interstate System Construction Toll Pilot Program.--Section 
1604(c) of SAFETEA-LU (119 Stat. 1253) is repealed.
  (gg) America's Byways Resource Center.--Section 1803 of SAFETEA-LU 
(119 Stat. 1458), and the item relating to that section in the table of 
contents contained in section 1(b) of that Act, are repealed.
  (hh) National Historic Covered Bridge Preservation.--Section 1804 of 
SAFETEA-LU (119 Stat. 1458), and the item relating to that section in 
the table of contents contained in section 1(b) of that Act, are 
repealed.
  (ii) Nonmotorized Transportation Pilot Program.--Section 1807 of 
SAFETEA-LU (119 Stat. 1460), and the item relating to that section in 
the table of contents contained in section 1(b) of that Act, are 
repealed.
  (jj) Grant Program to Prohibit Racial Profiling.--Section 1906 of 
SAFETEA-LU (119 Stat. 1468), and the item relating to that section in 
the table of contents contained in section 1(b) of that Act, are 
repealed.
  (kk) Pavement Marking Systems Demonstration Projects.--Section 1907 
of SAFETEA-LU (119 Stat. 1469), and the item relating to that section 
in the table of contents contained in section 1(b) of that Act, are 
repealed.
  (ll) Limitation on Project Approval.--Section 1958 of SAFETEA-LU (119 
Stat. 1515), and the item relating to that section in the table of 
contents contained in section 1(b) of that Act, are repealed.

                       Subtitle G--Miscellaneous

SEC. 1701. TRANSPORTATION ENHANCEMENT ACTIVITY DEFINED.

  Section 101(a)(35) is amended--
          (1) by striking subparagraphs (C), (F), (G), (H), and (L); 
        and
          (2) by redesignating subparagraphs (D), (E), (I), (J), and 
        (K) as subparagraphs (C), (D), (E), (F), and (G), respectively.

SEC. 1702. PAVEMENT MARKINGS.

  Section 109 is amended by adding at the end the following:
  ``(r) Pavement Markings.--The Secretary may not approve any pavement 
markings project that includes the use of glass beads containing more 
than 200 parts per million of arsenic or lead.''.

SEC. 1703. REST AREAS.

  (a) Agreements Relating to Use of and Access to Rights-of-Way--
Interstate System.--Section 111 is amended--
          (1) in subsection (a) in the second sentence by striking the 
        period and inserting ``and will not change the boundary of any 
        right-of-way on the Interstate System to accommodate 
        construction of, or afford access to, an automotive service 
        station or other commercial establishment.'';
          (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
          (3) by inserting after subsection (a) the following:
  ``(b) Rest Areas.--
          ``(1) In general.--Notwithstanding subsection (a), the 
        Secretary shall permit a State to acquire, construct, operate, 
        and maintain a rest area along a highway on the Interstate 
        System in such State.
          ``(2) Eligible activities.--The Secretary shall permit a rest 
        area under paragraph (1) to include commercial activities that 
        provide goods, services, and information serving the traveling 
        public and the commercial motor carrier industry. Such 
        commercial activities shall be limited to--
                  ``(A) commercial advertising and media displays if 
                such advertising and displays are--
                          ``(i) exhibited solely within any facility 
                        constructed in the rest area; and
                          ``(ii) not legible from the main traveled 
                        way;
                  ``(B) State promotional or tourism items;
                  ``(C) tourism-related merchandise and products, 
                including electronics and clothing;
                  ``(D) historical or tourism-related entertainment 
                items, including event or attraction tickets;
                  ``(E) travel-related information, including maps, 
                travel booklets, and hotel coupon booklets;
                  ``(F) automatic teller machines; and
                  ``(G) lottery machines.
          ``(3) Private operators.--A State may permit a private party 
        to operate such commercial activities.
          ``(4) Limitation on use of revenues.--A State shall use any 
        revenues received from the commercial activities in a rest area 
        under this section to cover the costs of acquiring, 
        constructing, operating, and maintaining rest areas in the 
        State.''.
  (b) Control of Outdoor Advertising.--Section 131(i) is amended by 
adding at the end the following: ``A State may permit the installation 
of signs that acknowledge the sponsorship of rest areas within such 
rest areas or along the main traveled way of the system, provided that 
such signs shall not affect the safe and efficient utilization of the 
Interstate System and the primary system. The Secretary shall establish 
criteria for the installation of such signs on the main traveled way, 
including criteria pertaining to the placement of rest area sponsorship 
acknowledgment signs in relation to the placement of advance guide 
signs for rest areas.''.

SEC. 1704. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE INTERSTATE 
                    SYSTEM.

  Section 111 is amended by adding at the end the following:
  ``(e) Justification Reports.--If the Secretary requests or requires a 
justification report for a project that would add a point of access to, 
or exit from, the Interstate System, the Secretary may permit a State 
transportation department to approve such report.''.

SEC. 1705. PATENTED OR PROPRIETARY ITEMS.

  Section 112 is amended by adding at the end the following:
  ``(h) Use of Patented or Proprietary Items.--The Secretary shall 
approve the use, by a State, of Federal funds made available to carry 
out this chapter to pay for patented or proprietary items if the State 
transportation department certifies, based on the documented analysis 
and professional judgment of qualified State transportation officials, 
that--
          ``(1) no equally suitable alternative item exists;
          ``(2) any specified patented or proprietary item will be 
        clearly identified as a patented or proprietary item in bid 
        documents; and
          ``(3) any specified patented or proprietary item will be 
        available in sufficient quantity to complete any project 
        identified in bid documents.''.

SEC. 1706. PREVENTIVE MAINTENANCE.

  Section 116 is amended by adding at the end the following:
  ``(e) Definitions.--In this section, the following definitions apply:
          ``(1) Preventive maintenance.--The term `preventive 
        maintenance' includes pavement preservation programs and 
        activities.
          ``(2) Pavement preservation programs and activities.--The 
        term `pavement preservation programs and activities' means 
        programs and activities employing a network level, long-term 
        strategy that enhances pavement performance by using an 
        integrated, cost-effective set of practices that extend 
        pavement life, improve safety, and meet road user 
        expectations.''.

SEC. 1707. MAPPING.

  (a) In General.--Section 306 is amended--
          (1) in subsection (a) by striking ``may'' and inserting 
        ``shall'';
          (2) in subsection (b) by striking ``State and'' and inserting 
        ``State government and''; and
          (3) by adding at the end the following:
  ``(c) Implementation.--The Secretary shall develop a process for the 
oversight and monitoring, on an annual basis, of the compliance of each 
State with the guidance issued under subsection (b).''.
  (b) Survey.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall conduct a survey of all States to 
determine what percentage of projects carried out under title 23, 
United States Code, in each State utilize private sector sources for 
surveying and mapping services.

SEC. 1708. FUNDING FLEXIBILITY FOR TRANSPORTATION EMERGENCIES.

  (a) In General.--Chapter 3 is amended by adding at the end the 
following:

``Sec. 330. Funding flexibility for transportation emergencies

  ``(a) In General.--Notwithstanding any other provision of law, the 
chief executive of a State, after declaring an emergency with respect 
to a transportation facility under subsection (b), may use any covered 
funds of the State to repair or replace the transportation facility.
  ``(b) Declaration of Emergency.--To declare an emergency with respect 
to a transportation facility for purposes of subsection (a), the chief 
executive of a State shall provide to the Secretary written notice of 
the declaration, which shall specify--
          ``(1) the emergency;
          ``(2) the affected transportation facility; and
          ``(3) the repair or replacement activities to be carried out.
  ``(c) Definitions.--In this section, the following definitions apply:
          ``(1) Covered funds.--The term `covered funds' means any 
        amounts apportioned to a State under this title, including any 
        such amounts required to be set aside for a purpose other than 
        the repair or replacement of a transportation facility under 
        this section.
          ``(2) Emergency.--The term `emergency' means any unexpected 
        event or condition that--
                  ``(A) may cause, or has caused, the catastrophic 
                failure of a transportation facility; and
                  ``(B) is determined to be an emergency by the chief 
                executive of a State.
          ``(3) Transportation facility.--The term `transportation 
        facility' means any component of the National Highway System.
  ``(d) Limitation on Statutory Construction.--Nothing in this section 
may be construed to allow a State to change the division of surface 
transportation program funding under section 133(d)(3).''.
  (b) Clerical Amendment.--The analysis for such chapter is amended by 
adding at the end the following:

``330. Funding flexibility for transportation emergencies.''.

SEC. 1709. BUDGET JUSTIFICATION.

  (a) In General.--Subchapter I of chapter 3 of title 49, United States 
Code, is amended by adding at the end the following:

``Sec. 310. Budget justification

  ``The Secretary of Transportation and the head of each modal 
administration of the Department of Transportation shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works and 
the Committee on Banking, Housing, and Urban Affairs of the Senate a 
budget justification concurrently with the President's annual budget 
submission to Congress.''.
  (b) Clerical Amendment.--The analysis for chapter 3 is amended by 
inserting after the item relating to section 309 the following:

``310. Budget justification.''.

SEC. 1710. EXTENSION OF OVER-THE-ROAD BUS AND PUBLIC TRANSIT VEHICLE 
                    EXEMPTION FROM AXLE WEIGHT RESTRICTIONS.

  Section 1023(h) of the Intermodal Surface Transportation Efficiency 
Act of 1991 (23 U.S.C. 127 note) is amended--
          (1) in the heading of paragraph (1) by striking ``Temporary 
        exemption'' and inserting ``Exemption'';
          (2) in paragraph (1)--
                  (A) in the matter preceding subparagraph (A) by 
                striking ``, for the period beginning on October 6, 
                1992, and ending on October 1, 2009,'';
                  (B) in subparagraph (A) by striking ``or'' at the 
                end;
                  (C) in subparagraph (B) by striking the period at the 
                end and inserting ``; or''; and
                  (D) by adding at the end the following:
                  ``(C) any motor home (as such term is defined in 
                section 571.3 of title 49, Code of Federal 
                Regulations).''; and
          (3) in paragraph (2)(A) by striking ``For the period 
        beginning on the date of enactment of this subparagraph and 
        ending on September 30, 2009, a'' and inserting ``A''.

SEC. 1711. REPEAL OF REQUIREMENT FOR INTERSTATE SYSTEM DESIGNATION.

  Section 1105(e)(5)(A) of the Intermodal Surface Transportation 
Efficiency Act of 1991 is amended by striking ``that the segment'' and 
all that follows through the period at the end and inserting ``that the 
segment meets the Interstate System design standards approved by the 
Secretary under section 109(b) of title 23, United States Code.''.

SEC. 1712. RETROREFLECTIVITY.

  Not later than 1 year after the date of enactment of this Act, the 
Secretary shall amend the Manual on Uniform Traffic Control Devices to 
remove compliance dates with respect to retroreflectivity standards for 
regulatory, warning, and other post-mounted guide signs and for street 
name and other overhead guide signs.

SEC. 1713. ENGINEERING JUDGMENT.

  Not later than 90 days after the date of enactment of this Act, the 
Secretary shall issue guidance to State transportation departments 
clarifying that the standards, guidance, and options for design and 
application of traffic control devices provided in the Manual on 
Uniform Traffic Control Devices should not be considered a substitute 
for engineering judgment.

SEC. 1714. EVACUATION ROUTES.

  Each State shall give adequate consideration to the needs of 
evacuation routes when allocating funds apportioned to the State under 
title 23, Unites States Code, for the construction of Federal-aid 
highways.

SEC. 1715. TRUCK PARKING.

  (a) Truck Parking Survey.--
          (1) Requirement.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary, in consultation with 
        appropriate State motor carrier safety personnel, shall conduct 
        a survey of each State--
                  (A) to develop a system of metrics to measure the 
                adequacy of commercial motor vehicle parking facilities 
                in the State;
                  (B) to assess the volume of commercial motor vehicle 
                traffic in the State; and
                  (C) to evaluate the capability of the State to 
                provide adequate parking and rest facilities for 
                commercial motor vehicles engaged in interstate 
                transportation.
          (2) Publication of results.--The Secretary shall make 
        available to the public on the Internet Web site of the 
        Department the results of surveys conducted under paragraph 
        (1).
          (3) Periodic updates.--The Secretary shall periodically 
        update surveys conducted under paragraph (1).
  (b) Truck Parking Projects.--A State may obligate funds apportioned 
to the State under paragraph (1), (2), (3), or (5) of section 104(b) of 
title 23, United States Code, for the following, if serving the 
National Highway System:
          (1) Constructing a safety rest area (as defined in section 
        120(c) of such title) that includes parking for commercial 
        motor vehicles.
          (2) Constructing a commercial motor vehicle parking facility 
        adjacent to a commercial truck stop or travel plaza.
          (3) Making a facility available to commercial motor vehicle 
        parking, including an inspection and weigh station or a park-
        and-ride facility.
          (4) Promoting the availability of publicly or privately 
        provided commercial motor vehicle parking using intelligent 
        transportation systems and other means.
          (5) Constructing a turnout for commercial motor vehicles.
          (6) Making capital improvements to a seasonal public 
        commercial motor vehicle parking facility to allow the facility 
        to remain open throughout the year.
          (7) Improving the geometric design of an interchange to 
        improve access to a commercial motor vehicle parking facility.
  (c) Electric Vehicle Infrastructure.--A State may establish electric 
vehicle charging stations for the use of battery powered trucks or 
other motor vehicles at any parking facility funded or authorized under 
this Act or title 23, United States Code. Such charging stations shall 
be eligible for the same funds as are available for the parking 
facilities in which they are located.

SEC. 1716. USE OF CERTAIN ADMINISTRATIVE EXPENSES.

  (a) In General.--Out of the funds made available under section 104(a) 
of title 23, United States Code, the Secretary may use not to exceed a 
total of $2,000,000 each fiscal year--
          (1) 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);
          (2) to operate a public road safety clearinghouse under 
        section 1411(a) of SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 
        1234); and
          (3) to provide work zone safety grants under subsections (a) 
        and (b) of section 1409 of SAFETEA-LU (23 U.S.C. 401 note; 119 
        Stat. 1232).
  (b) Conforming Amendments.--
          (1) Roadway safety.--Section 1411(a) of SAFETEA-LU (23 U.S.C. 
        402 note; 119 Stat. 1234) is amended by striking paragraph (2) 
        and inserting the following:
          ``(2) Funding.--Funding for activities under this subsection 
        may be made available as described in section 1716(a) of the 
        American Energy and Infrastructure Jobs Act of 2012.''.
          (2) Work zone safety grants.--Section 1409 of SAFETEA-LU (23 
        U.S.C. 401 note; 119 Stat. 1232) is amended by striking 
        subsection (c)(1) and inserting the following:
          ``(1) In general.--Funding for activities under this section 
        may be made available as described in section 1716(a) of the 
        American Energy and Infrastructure Jobs Act of 2012.''.

SEC. 1717. TRANSPORTATION TRAINING AND EMPLOYMENT PROGRAMS.

  To encourage the development of careers in the transportation field, 
the Secretary of Education and the Secretary of Labor are encouraged to 
use funds for training and employment education programs to develop 
such programs for transportation-related careers and trades, and to 
work with the Secretary of Transportation to carry out such programs.

SEC. 1718. ENGINEERING AND DESIGN SERVICES.

  (a) In General.--For projects carried out under title 23, United 
States Code, a State transportation department shall utilize, to the 
maximum extent practicable, commercial enterprises for the delivery of 
engineering and design services.
  (b) Reporting Requirement.--Not later than 1 year after the date of 
enactment of this Act, each State transportation department shall 
submit to the Secretary a report documenting the extent to which the 
State utilizes commercial enterprises for the delivery of engineering 
and design services for projects carried out under title 23, United 
States Code, which shall include, at a minimum--
          (1) the number and types of engineering and design activities 
        for which commercial enterprises were utilized in the preceding 
        year; and
          (2) the policies or procedures utilized by the State 
        transportation department to increase the amount of engineering 
        and design services for which commercial enterprises were 
        utilized.
  (c) State Transportation Department Defined.--In this section, the 
term ``State transportation department'' has the meaning given that 
term under section 101 of title 23, United States Code.

SEC. 1719. NOTICE OF CERTAIN GRANT AWARDS.

  (a) In General.--Except to the extent otherwise expressly provided in 
another provision of law, at least 3 business days before a covered 
grant award is announced, the Secretary shall provide to the Committee 
on Transportation and Infrastructure of the House of Representatives 
written notice of the covered grant award.
  (b) Covered Grant Award Defined.--The term ``covered grant award'' 
means a grant award--
          (1) made--
                  (A) by the Department; and
                  (B) with funds made available under this Act; and
          (2) in an amount equal to or greater than $500,000.

SEC. 1720. MISCELLANEOUS PARKING AMENDMENTS.

  (a) Fringe and Corridor Parking Facilities.--Section 137(a) is 
amended by adding at the end the following: ``The addition of electric 
vehicle charging stations to new or previously funded parking 
facilities shall be eligible for funding under this section.''.
  (b) Public Transportation.--Section 142(a)(1) is amended by inserting 
``(which may include electric vehicle charging stations)'' after 
``parking facilities''.
  (c) Forest Development Roads and Trails.--Section 205(d) is amended 
by inserting ``(which may include electric vehicle charging stations)'' 
after ``parking areas''.

SEC. 1721. HIGHWAY BUY AMERICA PROVISIONS.

  Section 313 is amended by adding at the end the following:
  ``(g) Application.--The requirements of this section apply to all 
contracts for a project carried out within the scope of the applicable 
finding, determination, or decision under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding 
source of such contracts, if at least one contract for the project is 
funded with amounts made available to carry out this title.
  ``(h) Waiver Requirements.--
          ``(1) In general.--If the Secretary receives a request for a 
        waiver under this section, the Secretary shall provide notice 
        of and an opportunity for public comment on the request at 
        least 30 days before making a finding based on the request.
          ``(2) Notice requirements.--A notice provided under paragraph 
        (1) shall include the information available to the Secretary 
        concerning the request and shall be provided by electronic 
        means, including on the official public Internet Web site of 
        the Department of Transportation.
          ``(3) Detailed justification.--If the Secretary issues a 
        waiver under this subsection, the Secretary shall publish in 
        the Federal Register a detailed justification for the waiver 
        that addresses the public comments received under paragraph (1) 
        and shall ensure that such justification is published before 
        the waiver takes effect.''.

SEC. 1722. VETERANS PREFERENCE IN HIGHWAY CONSTRUCTION.

  Section 114 is amended by adding at the end the following:
  ``(d) Veterans Employment.--Recipients of Federal financial 
assistance under this chapter shall ensure that contractors working on 
a highway project funded using such assistance give preference in the 
hiring or referral of laborers on any project for the construction of a 
highway to veterans, as defined in section 2108 of title 5, who have 
the requisite skills and abilities to perform the construction work 
required under the contract. This subsection shall not apply to 
projects subject to section 140(d).''.

SEC. 1723. REAL-TIME RIDESHARING.

  Section 101(a)(2) is amended--
          (1) by striking ``and'' after ``devices,''; and
          (2) by inserting before the period at the end the following: 
        ``, and real-time ridesharing projects (where drivers, using an 
        electronic transfer of funds, recover costs directly associated 
        with the trip provided using location technology to quantify 
        the direct costs associated with the trip, if the cost 
        recovered does not exceed the cost of the trip provided)''.

SEC. 1724. STATE AUTONOMY FOR CULVERT PIPE SELECTION.

  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 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.

SEC. 1725. EQUAL OPPORTUNITY ASSESSMENT.

  (a) In General.--In accordance with this section, the Secretary shall 
assess, throughout the United States, the extent to which 
nondiscrimination and equal opportunity exist in the construction and 
operation of federally funded transportation projects, programs, and 
activities.
  (b) Supporting Information.--In conducting the assessment under 
subsection (a), the Secretary shall--
          (1) review all demographic data, discrimination complaints, 
        reports, and other relevant information collected or prepared 
        by a recipient of Federal financial assistance or the 
        Department pursuant to an applicable civil rights statute, 
        regulation, or other obligation; and
          (2) coordinate with the Secretary of Labor, as necessary, to 
        obtain information regarding equitable employment and 
        contracting opportunities.
  (c) Report.--Not later than 4 years after the date of enactment of 
this Act, and every 4 years thereafter, the Secretary shall submit to 
Congress and publish on the Web site of the Department a report on the 
results of the assessment under subsection (a). The report shall 
include the following:
          (1) A specification of the impediments to nondiscrimination 
        and equal opportunity in federally funded transportation 
        projects, programs, and activities.
          (2) Recommendations for overcoming the impediments specified 
        under paragraph (1).
          (3) Information upon which the assessment is based.
  (d) Collection and Reporting Procedures.--
          (1) Public availability.--The Secretary shall ensure, to the 
        extent appropriate, that all information reviewed or collected 
        for the assessment under subsection (a) is made available to 
        the public through the prompt and ongoing publication of the 
        information, including a summary of the information, on the Web 
        site of the Department.
          (2) Regulations.--The Secretary shall issue regulations for 
        the collection and reporting of information necessary to carry 
        out this section.
  (e) Coordination.--In carrying out this section, the Secretary shall 
coordinate with the Director of the Bureau of Transportation 
Statistics, the Director of the Departmental Office of Civil Rights, 
the Secretary of Labor, and the heads of such other agencies as may 
contribute to the assessment under subsection (a).

                    TITLE II--PUBLIC TRANSPORTATION

SEC. 2001. SHORT TITLE; AMENDMENTS TO TITLE 49, UNITED STATES CODE.

  (a) Short Title.--This title may be cited as the ``Public 
Transportation Act of 2012''.
  (b) Amendments to Title 49, United States Code.--Except as otherwise 
expressly provided, whenever in this title an amendment or repeal is 
expressed in terms of an amendment to, or a repeal of, a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of title 49, United States Code.

SEC. 2002. DEFINITIONS.

  Section 5302(a) is amended--
          (1) in paragraph (1)(I) by striking ``10 percent'' and 
        inserting ``15 percent'';
          (2) by redesignating paragraphs (12) through (17) as 
        paragraphs (13) through (18), respectively; and
          (3) by inserting after paragraph (11) the following:
          ``(12) Rural area.--The term `rural area' means an area 
        encompassing a population of less than 50,000 people that has 
        not been designated in the most recent decennial census as an 
        `urbanized area' by the Secretary of Commerce.''.

SEC. 2003. PLANNING PROGRAMS.

  Section 5305 is amended--
          (1) in the heading for subsection (d) by inserting 
        ``Transportation'' before ``Planning'';
          (2) in paragraph (d)(2), by striking ``designated under this 
        section'' and inserting ``responsible for carrying out the 
        provisions of section 5203 of this title'';
          (3) in subsection (e)--
                  (A) in the subsection heading by striking ``State'' 
                and inserting ``Statewide Transportation''; and
                  (B) in paragraph (1)(A) by striking ``5315,''; and
          (4) in subsection (g) by striking ``section 5338(c)'' and 
        inserting ``section 5338(a)(2)''.

SEC. 2004. PRIVATE ENTERPRISE PARTICIPATION.

  Section 5306(a) is amended by striking ``, as determined by local 
policies, criteria, and decisionmaking,''.

SEC. 2005. URBANIZED AREA FORMULA GRANTS.

  (a) Grants.--Section 5307(b)(1) is amended--
          (1) by striking ``and'' at the end of subparagraph (E);
          (2) by redesignating subparagraph (F) as subparagraph (G); 
        and
          (3) by inserting after subparagraph (E) the following:
                  ``(F) operating costs of equipment and facilities for 
                use in public transportation in an urbanized area with 
                a population of at least 200,000 if the State or 
                regional authority providing public transportation for 
                the urbanized area is operating--
                          ``(i) 75 buses or fewer in fixed-route 
                        service during peak service hours, not to 
                        exceed 50 percent of the net project cost of 
                        the project for operating expenses; and
                          ``(ii) more than 75 but fewer than 100 buses 
                        in fixed-route service during peak service 
                        hours, not to exceed 25 percent of the net 
                        project cost of the project for operating 
                        expenses; and''.
  (b) General Authority.--Section 5307(b)(3) is amended--
          (1) by inserting ``Transportation management areas.--'' 
        before ``In a''; and
          (2) by moving the text 2 ems to the right.
  (c) Grant Recipient Requirements.--Section 5307(d)(1) is amended--
          (1) in subparagraph (D)--
                  (A) by striking ``elderly and handicapped 
                individuals, or an'' and inserting ``elderly 
                individuals, individuals with disabilities, and any''; 
                and
                  (B) by striking the comma before ``will be charged'';
          (2) in subparagraph (H) by striking ``section 5301(a), 
        section 5301(d),'' and inserting ``section 5301'';
          (3) in subparagraph (I) by adding ``and'' at the end;
          (4) in subparagraph (J)(ii) by striking ``; and'' and 
        inserting a period; and
          (5) by striking subparagraph (K).

SEC. 2006. CAPITAL INVESTMENT GRANTS.

  (a) In General.--Section 5309 is amended to read as follows:

``Sec. 5309. Capital investment grants

  ``(a) Definitions.--In this section, the following definitions apply:
          ``(1) New fixed guideway capital project.--The term `new 
        fixed guideway capital project' means an operable segment of a 
        capital project for a new fixed guideway system or extension to 
        an existing fixed guideway system.
          ``(2) New start project.--The term `new start project' means 
        a new fixed guideway capital project for which the Federal 
        assistance provided or to be provided under this section is 
        $75,000,000 or more.
          ``(3) Small start project.--The term `small start project' 
        means a new fixed guideway capital project for which--
                  ``(A) the Federal assistance provided or to be 
                provided under this section is less than $75,000,000; 
                and
                  ``(B) the total estimated net capital cost is less 
                than $250,000,000.
  ``(b) General Authority.--The Secretary may make grants under this 
section to assist State and local governmental authorities in 
financing--
          ``(1) new fixed guideway capital projects under subsections 
        (d) and (e), including the acquisition of real property, the 
        initial acquisition of rolling stock for the systems, the 
        acquisition of rights-of-way, and relocation assistance, for 
        fixed guideway corridor development for projects in the 
        advanced stages of planning or in project development; and
          ``(2) the development of corridors to support new fixed 
        guideway capital projects under subsections (d) and (e), 
        including protecting rights-of-way through acquisition, 
        construction of dedicated bus and high occupancy vehicle lanes, 
        park and ride lots, and other nonvehicular capital improvements 
        that the Secretary may determine would result in increased 
        public transportation usage in the corridor.
  ``(c) Grant Requirements.--
          ``(1) In general.--The Secretary may not approve a grant 
        under this section unless the Secretary determines that--
                  ``(A) the project is part of an approved long-range 
                transportation plan and program of projects required 
                under sections 5203, 5204, and 5306; and
                  ``(B) the applicant has, or will have--
                          ``(i) the legal, financial, and technical 
                        capacity to carry out the project, including 
                        safety and security aspects of the project;
                          ``(ii) satisfactory continuing control over 
                        the use of the equipment or facilities; and
                          ``(iii) the capability and willingness to 
                        maintain the equipment or facilities.
          ``(2) Certification.--An applicant that has submitted the 
        certifications required under subparagraphs (A), (B), (C), and 
        (H) of section 5307(d)(1) shall be deemed to have provided 
        sufficient information upon which the Secretary may make the 
        determinations required under this subsection.
          ``(3) Grantee requirements.--The Secretary shall require that 
        any grant awarded under this section to a recipient be subject 
        to all terms, conditions, requirements, and provisions that the 
        Secretary determines to be necessary or appropriate for the 
        purposes of this section, including requirements for the 
        disposition of net increases in the value of real property 
        resulting from the project assisted under this section.
  ``(d) New Start Projects.--
          ``(1) Full funding grant agreement.--
                  ``(A) In general.--A new start project shall be 
                carried out through a full funding grant agreement.
                  ``(B) Criteria.--The Secretary shall enter into a 
                full funding grant agreement, based on the evaluations 
                and ratings required under this subsection, with each 
                grantee receiving assistance for a new start project 
                that--
                          ``(i) is authorized for project development; 
                        and
                          ``(ii) has been rated as high, medium-high, 
                        or medium, in accordance with paragraph (5).
          ``(2) Approval of grants.--The Secretary may approve a grant 
        under this section for a new start project only if the 
        Secretary, based upon evaluations and considerations set forth 
        in paragraph (3), determines that the project--
                  ``(A) has been adopted as the locally preferred 
                alternative as part of the long-range transportation 
                plan required under section 5203;
                  ``(B) is based on the results of an evaluation of the 
                benefits of the project as set forth in paragraph (3); 
                and
                  ``(C) is supported by an acceptable degree of local 
                financial commitment (including evidence of stable and 
                dependable financing sources) to construct, maintain, 
                and operate the system or extension, and maintain and 
                operate the entire public transportation system without 
                requiring a reduction in existing public transportation 
                services or level of service to operate the project.
          ``(3) Evaluation of benefits and federal investment.--In 
        making a determination for a new start project under paragraph 
        (2)(B), the Secretary shall analyze, evaluate, and consider the 
        following evaluation criteria for the project (as compared to a 
        no-action alternative):
                  ``(A) The cost effectiveness of the project.
                  ``(B) The mobility and accessibility benefits of the 
                project, including direct intermodal connectivity with 
                other modes of transportation.
                  ``(C) The degree of congestion relief anticipated as 
                a result of the project.
                  ``(D) The reductions in energy consumption and air 
                pollution associated with the project.
                  ``(E) The economic development effects associated 
                with the project.
                  ``(F) The private contributions to the project, 
                including cost-effective project delivery, management 
                or transfer of project risks, expedited project 
                schedule, financial partnering, and other public-
                private strategies.
          ``(4) Evaluation of local financial commitment.--In making a 
        determination for a new start project under paragraph (2)(C), 
        the Secretary shall--
                  ``(A) require that the proposed project plan provide 
                for the availability of contingency amounts that the 
                Secretary determines to be reasonable to cover 
                unanticipated cost increases;
                  ``(B) require that each proposed local source of 
                capital and operating financing is stable, reliable, 
                and available within the project timetable;
                  ``(C) consider private contributions to the project, 
                including cost-effective project delivery, management 
                or transfer of project risks, expedited project 
                schedule, financial partnering, and other public-
                private partnership strategies;
                  ``(D) consider the extent to which the project has a 
                local financial commitment that exceeds the required 
                non-Federal share of the cost of the project; and
                  ``(E) consider the elements of the overall proposed 
                public transportation system advanced with 100 percent 
                non-Federal funds.
          ``(5) Ratings.--In carrying out paragraphs (3) and (4) for a 
        new start project, the Secretary shall evaluate and rate the 
        project on a 5-point scale (high, medium-high, medium, medium-
        low, or low) based on an evaluation of the benefits of the 
        project as compared to the Federal assistance to be provided 
        and the degree of local financial commitment, as required under 
        this subsection. In rating the projects, the Secretary shall 
        provide, in addition to the overall project rating, individual 
        ratings for each of the criteria established by this subsection 
        and shall give comparable, but not necessarily equal, numerical 
        weight to the benefits that the project will bring to the 
        community in calculating the overall project rating.
  ``(e) Small Start Projects.--
          ``(1) In general.--
                  ``(A) Applicability of requirements.--Except as 
                provided by subparagraph (B), a small start project 
                shall be subject to the requirements of this 
                subsection.
                  ``(B) Projects receiving less than $25,000,000 in 
                federal assistance.--If the assistance provided under 
                this section for a small start project is less than 
                $25,000,000--
                          ``(i) the requirements of this subsection 
                        shall not apply to the project if determined 
                        appropriate by the Secretary; and
                          ``(ii) the Secretary shall utilize special 
                        warrants described in subsection (n) to advance 
                        the project and provide Federal assistance as 
                        appropriate.
          ``(2) Selection criteria.--The Secretary may provide Federal 
        assistance for a small start project under this subsection only 
        if the Secretary determines that the project--
                  ``(A) has been adopted as the locally preferred 
                alternative as part of the long-range transportation 
                plan required under section 5203;
                  ``(B) is based on the results of an analysis of the 
                benefits of the project as set forth in paragraph (3); 
                and
                  ``(C) is supported by an acceptable degree of local 
                financial commitment.
          ``(3) Evaluation of benefits and federal investment.--In 
        making a determination for a small start project under 
        paragraph (2)(B), the Secretary shall analyze, evaluate, and 
        consider the following evaluation criteria for the project (as 
        compared to a no-action alternative):
                  ``(A) The cost effectiveness of the project.
                  ``(B) The mobility and accessibility benefits of the 
                project, including direct intermodal connectivity with 
                other modes of transportation.
                  ``(C) The degree of congestion relief anticipated as 
                a result of the project.
                  ``(D) The economic development effects associated 
                with the project.
          ``(4) Evaluation of local financial commitment.--For purposes 
        of paragraph (2)(C), the Secretary shall require that each 
        proposed local source of capital and operating financing is 
        stable, reliable, and available within the proposed project 
        timetable.
          ``(5) Ratings.--In carrying out paragraphs (3) and (4) for a 
        small start project, the Secretary shall evaluate and rate the 
        project on a 5-point scale (high, medium-high, medium, medium-
        low, or low) based on an evaluation of the benefits of the 
        project as compared to the Federal assistance to be provided 
        and the degree of local financial commitment, as required under 
        this subsection. In rating the projects, the Secretary shall 
        provide, in addition to the overall project rating, individual 
        ratings for each of the criteria established by this subsection 
        and shall give comparable, but not necessarily equal, numerical 
        weight to the benefits that the project will bring to the 
        community in calculating the overall project rating.
          ``(6) Grants and expedited grant agreements.--
                  ``(A) In general.--The Secretary, to the maximum 
                extent practicable, shall provide Federal assistance 
                under this subsection in a single grant. If the 
                Secretary cannot provide such a single grant, the 
                Secretary may execute an expedited grant agreement in 
                order to include a commitment on the part of the 
                Secretary to provide funding for the project in future 
                fiscal years.
                  ``(B) Terms of expedited grant agreements.--In 
                executing an expedited grant agreement under this 
                subsection, the Secretary may include in the agreement 
                terms similar to those established under subsection 
                (g)(2)(A).
                  ``(C) Notice of proposed grants and expedited grant 
                agreements.--At least 10 days before making a grant 
                award or entering into a grant agreement for a project 
                under this subsection, the Secretary shall notify, in 
                writing, the Committee on Transportation and 
                Infrastructure and the Committee on Appropriations of 
                the House of Representatives and the Committee on 
                Banking, Housing, and Urban Affairs and the Committee 
                on Appropriations of the Senate of the proposed grant 
                or expedited grant agreement, as well as the 
                evaluations and ratings for the project.
          ``(7) Inclusion of corridor-based capital projects.--In this 
        subsection, the term `small start project' includes a corridor-
        based capital project if--
                  ``(A) a majority of the project operates in a 
                separate right-of-way dedicated for transit use during 
                peak hour operations; or
                  ``(B) the project represents a substantial investment 
                in a defined corridor as demonstrated by investment in 
                fixed transit facilities and equipment such as 
                substantial transit stations, intelligent 
                transportation systems technology, traffic signal 
                priority, off-board fare collection, and other direct 
                investments in the corridor.
  ``(f) Previously Issued Letter of Intent or Grant Agreement.--
Subsections (d) and (e) do not apply to projects for which the 
Secretary has issued a letter of intent, entered into an early systems 
work agreement or a full funding grant agreement, or has been approved 
to enter final design before the date of enactment of the Public 
Transportation Act of 2012.
  ``(g) Letters of Intent, Full Funding Grant Agreements, and Early 
Systems Work Agreements.--
          ``(1) Letters of intent.--
                  ``(A) Amounts intended to be obligated.--The 
                Secretary may issue a letter of intent to an applicant 
                announcing an intention to obligate, for a new start 
                project, an amount from future available budget 
                authority specified in law that is not more than the 
                amount stipulated as the financial participation of the 
                Secretary in the project.
                  ``(B) Treatment.--The issuance of a letter under 
                subparagraph (A) is deemed not to be an obligation 
                under section 1108(c), 1108(d), 1501, or 1502(a) of 
                title 31 or an administrative commitment.
          ``(2) Full funding grant agreements.--
                  ``(A) Terms.--The Secretary may enter into a full 
                funding grant agreement with an applicant for a grant 
                under this section for a new start project. The 
                agreement shall--
                          ``(i) establish the terms of participation by 
                        the Government in the project;
                          ``(ii) establish the maximum amount of 
                        Government financial assistance for the 
                        project;
                          ``(iii) cover the period of time for 
                        completing the project, including, if 
                        necessary, a period extending beyond the period 
                        of an authorization;
                          ``(iv) make timely and efficient management 
                        of the project easier according to the laws of 
                        the United States; and
                          ``(v) establish terms requiring the applicant 
                        to repay all Government payments made under the 
                        agreement (plus such reasonable interest and 
                        penalty charges as are established by the 
                        Secretary in the agreement) if the applicant 
                        does not carry out the project for reasons 
                        within the control of the applicant.
                  ``(B) Special financial rules.--
                          ``(i) In general.--A full funding grant 
                        agreement under this paragraph obligates an 
                        amount of available budget authority specified 
                        in law and may include a commitment (contingent 
                        on amounts to be specified in law in advance 
                        for commitments under this paragraph) to 
                        obligate an additional amount from future 
                        available budget authority specified in law.
                          ``(ii) Statement of contingent commitment.--
                        The full funding grant agreement shall state 
                        that the contingent commitment is not an 
                        obligation of the Government.
                          ``(iii) Interest and other financing costs.--
                        Interest and other financing costs of 
                        efficiently carrying out a part of the project 
                        within a reasonable time are a cost of carrying 
                        out the project under a full funding grant 
                        agreement, except that eligible costs may not 
                        be more than the cost of the most favorable 
                        financing terms reasonably available for the 
                        project at the time of borrowing. The applicant 
                        shall certify, in a way satisfactory to the 
                        Secretary, that the applicant has shown 
                        reasonable diligence in seeking the most 
                        favorable financing terms.
                          ``(iv) Completion of operable segment.--The 
                        amount stipulated in a full funding grant 
                        agreement for a new start project shall be 
                        sufficient to complete at least one operable 
                        segment.
                  ``(C) Before and after study.--
                          ``(i) In general.--A full funding grant 
                        agreement under this paragraph shall require 
                        the applicant to conduct a study that--
                                  ``(I) describes and analyzes the 
                                impacts of the new start project on 
                                transit services and transit ridership;
                                  ``(II) evaluates the consistency of 
                                predicted and actual project 
                                characteristics and performance; and
                                  ``(III) identifies sources of 
                                differences between predicted and 
                                actual outcomes.
                          ``(ii) Information collection and analysis 
                        plan.--
                                  ``(I) Submission of plan.--An 
                                applicant seeking a full funding grant 
                                agreement under this paragraph shall 
                                submit to the Secretary a complete plan 
                                for the collection and analysis of 
                                information to identify the impacts of 
                                the new start project and the accuracy 
                                of the forecasts prepared during the 
                                development of the project. Preparation 
                                of the plan shall be included in the 
                                agreement as an eligible activity.
                                  ``(II) Contents of plan.--The plan 
                                submitted under subclause (I) shall 
                                provide for--
                                          ``(aa) the collection of data 
                                        on the current transit system 
                                        of the applicant regarding 
                                        transit service levels and 
                                        ridership patterns, including 
                                        origins and destinations, 
                                        access modes, trip purposes, 
                                        and rider characteristics;
                                          ``(bb) documentation of the 
                                        predicted scope, service 
                                        levels, capital costs, 
                                        operating costs, and ridership 
                                        of the project;
                                          ``(cc) collection of data on 
                                        the transit system of the 
                                        applicant 2 years after the 
                                        opening of the new start 
                                        project, including analogous 
                                        information on transit service 
                                        levels and ridership patterns 
                                        and information on the as-built 
                                        scope and capital costs of the 
                                        project; and
                                          ``(dd) an analysis of the 
                                        consistency of predicted 
                                        project characteristics with 
                                        the data collected under item 
                                        (cc).
                  ``(D) Collection of data on current system.--To be 
                eligible to enter into a full funding grant agreement 
                under this paragraph for a new start project, an 
                applicant shall have collected data on the current 
                transit system of the applicant, according to the plan 
                required under subparagraph (C)(ii), before the 
                beginning of construction of the project. Collection of 
                the data shall be included in the full funding grant 
                agreement as an eligible activity.
          ``(3) Early systems work agreements.--
                  ``(A) Conditions.--The Secretary may enter into an 
                early systems work agreement with an applicant for a 
                new start project if a record of decision under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) has been issued on the project and the 
                Secretary finds there is reason to believe a full 
                funding grant agreement for the project will be made.
                  ``(B) Contents.--
                          ``(i) In general.--A work agreement under 
                        this paragraph for a new start project 
                        obligates an amount of available budget 
                        authority specified in law and shall provide 
                        for reimbursement of preliminary costs of 
                        carrying out the project, including land 
                        acquisition, timely procurement of system 
                        elements for which specifications are decided, 
                        and other activities the Secretary decides are 
                        appropriate to make efficient, long-term 
                        project management easier.
                          ``(ii) Period covered.--A work agreement 
                        under this paragraph shall cover the period of 
                        time the Secretary considers appropriate. The 
                        period may extend beyond the period of current 
                        authorization.
                          ``(iii) Interest and other financing costs.--
                        Interest and other financing costs of 
                        efficiently carrying out the work agreement 
                        within a reasonable time are a cost of carrying 
                        out the agreement, except that eligible costs 
                        may not be more than the cost of the most 
                        favorable financing terms reasonably available 
                        for the project at the time of borrowing. The 
                        applicant shall certify, in a manner 
                        satisfactory to the Secretary, that the 
                        applicant has shown reasonable diligence in 
                        seeking the most favorable financing terms.
                          ``(iv) Failure to carry out project.--If, 
                        after entering into a work agreement under this 
                        paragraph for a new start project, an applicant 
                        does not carry out the project for reasons 
                        within the control of the applicant, the 
                        applicant shall repay all Government payments 
                        made under the work agreement plus reasonable 
                        interest and penalty charges the Secretary 
                        establishes in the agreement.
          ``(4) Limitation on amounts.--
                  ``(A) New start grants contingent commitment 
                authority.--The total estimated amount of future 
                obligations of the Government and contingent 
                commitments to incur obligations covered by all 
                outstanding letters of intent, full funding grant 
                agreements, and early systems work agreements under 
                this subsection for new start projects may be not more 
                than the greater of the amount authorized under section 
                5338(b) for such projects or an amount equivalent to 
                the last 3 fiscal years of funding allocated under 
                subsections (m)(2)(B) for such projects, less an amount 
                the Secretary reasonably estimates is necessary for 
                grants under this section for the projects that are not 
                covered by a letter or agreement. The total amount 
                covered by new letters and contingent commitments 
                included in full funding grant agreements and early 
                systems work agreements for such projects may be not 
                more than a limitation specified in law.
                  ``(B) Appropriation required.--An obligation may be 
                made under this subsection only when amounts are 
                appropriated for the obligation.
          ``(5) Notification of congress.--At least 10 days before 
        issuing a letter of intent or an early systems work agreement 
        under this section, and at least 21 days before entering into a 
        full funding grant agreement under this section, the Secretary 
        shall notify, in writing, the Committee on Transportation and 
        Infrastructure and the Committee on Appropriations of the House 
        of Representatives and the Committee on Banking, Housing, and 
        Urban Affairs and the Committee on Appropriations of the Senate 
        of the proposed letter or agreement. The Secretary shall 
        include with the notification a copy of the proposed letter or 
        agreement as well as the evaluations and ratings for the 
        project.
  ``(h) Government's Share of Net Project Cost.--
          ``(1) In general.--Based on engineering studies, studies of 
        economic feasibility, and information on the expected use of 
        equipment or facilities, the Secretary shall estimate the net 
        capital project cost of a new fixed guideway capital project. A 
        grant under this section for the project shall be for 80 
        percent of the net capital project cost unless the grant 
        recipient requests a lower grant percentage.
          ``(2) Adjustment for completion under budget.--The Secretary 
        may adjust the final net project cost of a new fixed guideway 
        capital project evaluated under subsections (d) and (e) to 
        include the cost of eligible activities not included in the 
        originally defined project if the Secretary determines that the 
        originally defined project has been completed at a cost that is 
        significantly below the original estimate.
          ``(3) Remainder of net project cost.--The remainder of net 
        project costs shall be provided from an undistributed cash 
        surplus, a replacement or depreciation cash fund or reserve, or 
        new capital from public or private sources.
          ``(4) Limitation on statutory construction.--Nothing in this 
        section shall be construed as authorizing the Secretary to 
        request or require a non-Federal financial commitment for a 
        project that is more than 20 percent of the net capital project 
        cost.
          ``(5) Special rule for rolling stock costs.--In addition to 
        amounts allowed pursuant to paragraph (1), a planned extension 
        to a fixed guideway system may include the cost of rolling 
        stock previously purchased if the applicant satisfies the 
        Secretary that only amounts other than amounts of the 
        Government were used and that the purchase was made for use on 
        the extension. A refund or reduction of the remainder may be 
        made only if a refund of a proportional amount of the grant of 
        the Government is made at the same time.
  ``(i) Undertaking Projects in Advance.--
          ``(1) In general.--The Secretary may pay the Government's 
        share of the net capital project cost to a State or local 
        governmental authority that carries out any part of a project 
        described in this section without the aid of amounts of the 
        Government and according to all applicable procedures and 
        requirements if--
                  ``(A) the State or local governmental authority 
                applies for the payment;
                  ``(B) the Secretary approves the payment; and
                  ``(C) before carrying out the part of the project, 
                the Secretary approves the plans and specifications for 
                the part in the same manner as other projects under 
                this section.
          ``(2) Financing costs.--
                  ``(A) In general.--The cost of carrying out part of a 
                project includes the amount of interest earned and 
                payable on bonds issued by the State or local 
                governmental authority to the extent proceeds of the 
                bonds are expended in carrying out the part.
                  ``(B) Limitation on amount of interest.--The amount 
                of interest under this paragraph may not be more than 
                the most favorable interest terms reasonably available 
                for the project at the time of borrowing.
                  ``(C) Certification.--The applicant shall certify, in 
                a manner satisfactory to the Secretary, that the 
                applicant has shown reasonable diligence in seeking the 
                most favorable financial terms.
  ``(j) Availability of Amounts.--An amount made available or 
appropriated under section 5338(b) for new fixed guideway capital 
projects shall remain available for a period of 3 fiscal years after 
the fiscal year in which the amount is made available or appropriated. 
Any of such amount that is unobligated at the end of such period shall 
be rescinded and deposited in the general fund of the Treasury, where 
such amounts shall be dedicated for the sole purpose of deficit 
reduction and prohibited from use as an offset for other spending 
increases or revenue reductions.
  ``(k) Reports on New Start Projects.--
          ``(1) Annual report on funding recommendations.--Not later 
        than the first Monday in February of each year, the Secretary 
        shall submit to the Committee on Transportation and 
        Infrastructure and the Committee on Appropriations of the House 
        of Representatives and the Committee on Banking, Housing, and 
        Urban Affairs and the Committee on Appropriations of the Senate 
        a report that includes--
                  ``(A) a proposal of allocations of amounts to be 
                available to finance grants for new fixed guideway 
                capital projects among applicants for these amounts;
                  ``(B) evaluations and ratings, as required under 
                subsections (d) and (e), for each such project that is 
                authorized by the Public Transportation Act of 2012; 
                and
                  ``(C) recommendations of such projects for funding 
                based on the evaluations and ratings and on existing 
                commitments and anticipated funding levels for the next 
                3 fiscal years based on information currently available 
                to the Secretary.
          ``(2) Biennial gao review.--Beginning 2 years after the date 
        of enactment of the Public Transportation Act of 2012, the 
        Comptroller General of the United States shall--
                  ``(A) conduct a biennial review of--
                          ``(i) the processes and procedures for 
                        evaluating, rating, and recommending new fixed 
                        guideway capital projects; and
                          ``(ii) the Secretary's implementation of such 
                        processes and procedures; and
                  ``(B) on a biennial basis, report to Congress on the 
                results of such review by May 31.
  ``(l) Before and After Study Report.--Not later than the first Monday 
of August of each year, the Secretary shall submit to the committees 
referred to in subsection (k)(1) a report containing a summary of the 
results of the studies conducted under subsection (g)(2)(C).
  ``(m) Limitations.--
          ``(1) Limitation on grants.--The Secretary may make a grant 
        or enter into a grant agreement for a new fixed guideway 
        capital project under this section only if the project has been 
        rated as high, medium-high, or medium or the Secretary has 
        issued a special warrant described in subsection (n) in lieu of 
        such ratings.
          ``(2) Fiscal years 2013 through 2016.--Of the amounts made 
        available or appropriated for fiscal years 2013 through 2016 
        under section 5338(b)--
                  ``(A) $150,000,000 for each fiscal year shall be 
                allocated for small start projects in accordance with 
                subsection (e); and
                  ``(B) the remainder shall be allocated for new start 
                projects in accordance with subsection (d).
          ``(3) Limitation on expenditures.--None of the amounts made 
        available or appropriated under section 5338(b) may be expended 
        on a project that has not been adopted as the locally preferred 
        alternative as part of a long-range transportation plan.
  ``(n) Expedited Project Advancement.--
          ``(1) Warrants.--The Secretary, to the maximum extent 
        practicable, shall develop and utilize special warrants to 
        advance projects and provide Federal assistance under this 
        section. Special warrants may be utilized to advance new fixed 
        guideway projects under this section without requiring 
        evaluations and ratings described under subsections (d)(5) and 
        (e)(5). Such warrants shall be--
                  ``(A) based on current transit ridership, corridor 
                characteristics, and service on existing alignments;
                  ``(B) designed to assess distinct categories of 
                projects, such as proposed new service enhancements on 
                existing alignments, new line haul service, and new 
                urban circulator service; and
                  ``(C) based on the benefits for proposed projects as 
                set forth in subsections (d)(3) and (e)(3) for the 
                Federal assistance provided or to be provided under 
                this subsection.
          ``(2) New project development.--
                  ``(A) In general.--A project sponsor who requests 
                Federal funding under this section shall apply to the 
                Secretary to begin new project development after a 
                proposed new fixed guideway capital project has been 
                adopted as the locally preferred alternative as part of 
                the metropolitan long-range transportation plan 
                required under section 5303, and funding options for 
                the non-Federal funding share have been identified. The 
                application for new project development shall specify 
                whether the project sponsor is seeking Federal 
                assistance under subsection (d) or (e).
                  ``(B) Applications.--
                          ``(i) Notice to congress.--Not later than 10 
                        days after the date of receipt of an 
                        application for new project development under 
                        subparagraph (A), the Secretary shall provide 
                        written notice of the application to the 
                        Committee on Transportation and Infrastructure 
                        of the House of Representatives and the 
                        Committee on Banking, Housing, and Urban 
                        Affairs of the Senate.
                          ``(ii) Approval or disapproval.--On the 11th 
                        day following the date on which the Secretary 
                        provides written notice of an application for 
                        new project development under clause (i), the 
                        Secretary shall approve or disapprove the 
                        application.
                  ``(C) Project authorization.--Upon approval of an 
                application to begin new project development, the 
                proposed new fixed guideway capital project shall be 
                authorized and eligible for Federal funding under this 
                section.
          ``(3) Letters of intent and early systems work agreements.--
        The Secretary, to the maximum extent practicable, shall issue 
        letters of intent and make early systems work agreements upon 
        issuance of a record of decision under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
          ``(4) Funding agreements.--The Secretary shall enter into a 
        full funding grant agreement, expedited grant agreement, or 
        grant, as appropriate, between the Government and the project 
        sponsor as soon as the Secretary determines that the project 
        meets the requirements of subsection (d) or (e).
          ``(5) Records retention.--The Secretary shall adhere to a 
        uniform records retention policy regarding all documentation 
        related to new fixed guideway capital projects.
  ``(o) Regulations.--Not later than 240 days after the date of 
enactment of the Public Transportation Act of 2012, the Secretary shall 
issue regulations establishing new program requirements for the 
programs created under this section, including new evaluation and 
rating processes for proposed projects under this section.''.
  (b) Clerical Amendment.--The analysis for chapter 53 is amended by 
striking the item relating to section 5309 and inserting the following:

``5309. Capital investment grants.''.

SEC. 2007. BUS AND BUS FACILITIES FORMULA GRANTS.

  (a) In General.--Section 5310 is amended to read as follows:

``Sec. 5310. Bus and bus facilities formula grants

  ``(a) General Authority.--The Secretary may make grants under this 
section to assist States and local governmental authorities in 
financing capital projects--
          ``(1) to replace, rehabilitate, and purchase buses and 
        related equipment; and
          ``(2) to construct bus-related facilities.
  ``(b) Grant Requirements.--The requirements of subsections (c) and 
(d) of section 5307 apply to recipients of grants made under this 
section.
  ``(c) Eligible Recipients and Subrecipients.--
          ``(1) Recipients.--Eligible recipients under this section are 
        providers of public transportation in urbanized areas that 
        operate fixed route bus services and that do not operate heavy 
        rail, commuter rail, or light rail services.
          ``(2) Subrecipients.--A recipient that receives a grant under 
        this section may allocate the amounts provided to subrecipients 
        that are public agencies, private companies engaged in public 
        transportation, or private nonprofit organizations.
  ``(d) Distribution of Grant Funds.--Grants under this section shall 
be distributed pursuant to the formula set forth in section 5336 other 
than subsection (b).
  ``(e) Government's Share of Costs.--
          ``(1) Capital projects.--A grant for a capital project, as 
        defined in section 5302(a)(1), shall be for 80 percent of the 
        net project cost of the project. The recipient may provide 
        additional local matching amounts.
          ``(2) Remaining costs.--The remainder of the net project cost 
        shall be provided--
                  ``(A) in cash from non-Government sources other than 
                revenues from providing public transportation services;
                  ``(B) from revenues derived from the sale of 
                advertising and concessions;
                  ``(C) from an undistributed cash surplus, a 
                replacement or depreciation cash fund or reserve, or 
                new capital; and
                  ``(D) from amounts received under a service agreement 
                with a State or local social service agency or private 
                social service organization.
  ``(f) Period of Availability to Recipients.--A grant made available 
under this section may be obligated by the recipient for 3 years after 
the fiscal year in which the amount is apportioned. Not later than 30 
days after the end of the 3-year period, an amount that is not 
obligated at the end of that period shall be added to the amount that 
may be apportioned under this section in the next fiscal year.
  ``(g) Transfers of Apportionments.--
          ``(1) Transfer to certain areas.--The chief executive officer 
        of a State may transfer any part of the State's funds made 
        available under this section to urbanized areas of less than 
        200,000 in population or to rural areas in the State, after 
        consulting with responsible local officials and publicly owned 
        operators of public transportation in each area for which the 
        amount originally was provided under this section.
          ``(2) Transfer to state.--A designated recipient for an 
        urbanized area with a population of at least 200,000 may 
        transfer a part of its grant funds provided under this section 
        to the chief executive officer of a State. The chief executive 
        officer shall distribute the transferred amounts to urbanized 
        areas of less than 200,000 in population or to rural areas in 
        the State.
  ``(h) Application of Other Sections.--Sections 5302, 5318, 
5323(a)(1), 5323(d), 5323(f), 5332, and 5333 apply to this section and 
to a grant made with funds apportioned under this section. Except as 
provided in this section, no other provision of this chapter applies to 
this section or to a grant under this section.''.
  (b) Clerical Amendment.--The analysis for chapter 53 is amended by 
striking the item relating to section 5310 and inserting the following:

``5310. Bus and bus facilities formula grants.''.

SEC. 2008. RURAL AREA FORMULA GRANTS.

  (a) Amendment to Section Heading.--Section 5311 is amended by 
striking the section designation and heading and inserting the 
following:

``Sec. 5311. Rural area formula grants''.

  (b) Program Goals.--Section 5311(b) is amended by adding at the end 
the following:
          ``(5) Program goals.--The goals of this section are--
                  ``(A) to enhance the mobility and access of people in 
                rural areas by assisting in the development, 
                construction, operation, improvement, maintenance, and 
                use of public transportation systems and services in 
                rural areas;
                  ``(B) to increase the intermodalism of and 
                connectivity among public transportation systems and 
                services within rural areas and to urban areas by 
                providing for maximum coordination of programs and 
                services;
                  ``(C) to increase the state of good repair of rural 
                public transportation assets; and
                  ``(D) to enhance the mobility and access of people in 
                rural areas by assisting in the development and support 
                of intercity bus transportation.''.
  (c) Projects of National Scope.--Section 5311(b)(3)(C) is amended by 
adding at the end the following: ``In carrying out such projects, the 
Secretary shall enter into a competitively selected contract to provide 
on-site technical assistance to local and regional governments, public 
transit agencies, and public transportation-related nonprofit and for-
profit organizations in rural areas for the purpose of developing 
training materials and providing necessary training assistance to local 
officials and agencies in rural areas.''.
  (d) Apportionments.--Section 5311(c)(2) is amended--
          (1) by striking ``and'' at the end of subparagraph (A);
          (2) by striking subparagraph (B) and inserting the following:
                  ``(B) 70 percent shall be apportioned to the States 
                in accordance with paragraph (4); and''; and
          (3) by adding at the end the following:
                  ``(C) 10 percent shall be apportioned to the States 
                in accordance with paragraph (5).''.
  (e) Apportionments Based on Public Transportation Services Provided 
in Rural Areas.--Section 5311(c) is amended by adding at the end the 
following:
          ``(5) Apportionments based on public transportation services 
        provided in rural areas.--The Secretary shall apportion to each 
        State an amount equal to the amount apportioned under paragraph 
        (2)(C) as follows:
                  ``(A) \1/2\ of such amount multiplied by the ratio 
                that--
                          ``(i) the number of public transportation 
                        revenue vehicle-miles operated in or 
                        attributable to rural areas in that State, as 
                        determined by the Secretary; bears to
                          ``(ii) the total number of all public 
                        transportation revenue vehicle-miles operated 
                        in or attributable to rural areas in all 
                        States; and
                  ``(B) \1/2\ of such amount multiplied by the ratio 
                that--
                          ``(i) the number of public transportation 
                        unlinked passenger trips operated in or 
                        attributable to rural areas in that State, as 
                        determined by the Secretary; bears to
                          ``(ii) the total number of all public 
                        transportation unlinked passenger trips 
                        operated in or attributable to rural areas in 
                        all States.''.
  (f) Use for Administrative, Planning, and Technical Assistance.--
Section 5311(e) is amended by striking ``15 percent'' and inserting 
``10 percent''.
  (g) Intercity Bus Transportation.--Section 5311(f)(1) is amended--
          (1) in subparagraph (B) by striking ``shelters'' and 
        inserting ``facilities''; and
          (2) in subparagraph (C) by striking ``stops and depots'' and 
        inserting ``facilities''.
  (h) Non-Federal Share.--Section 5311(g)(3) is amended--
          (1) in subparagraph (B) by striking ``and'' at the end;
          (2) in subparagraph (C) by striking the period at the end and 
        inserting ``; and''; and
          (3) by adding at the end the following:
                  ``(D) may be derived from the costs of a private 
                operator's intercity bus service as an in-kind match 
                for the operating costs of connecting rural intercity 
                bus feeder service funded under subsection (f), except 
                that this subparagraph shall apply only if the project 
                includes both feeder service and a connecting 
                unsubsidized intercity route segment and if the private 
                operator agrees in writing to the use of its 
                unsubsidized costs as an in-kind match.''.
  (i) Clerical Amendment.--The analysis for chapter 53 is amended by 
striking the item relating to section 5311 and inserting the following:

``5311. Rural area formula grants.''.

SEC. 2009. TRANSIT RESEARCH.

  (a) Amendment to Section Heading.--Section 5312 is amended by 
striking the section designation and heading and inserting the 
following:

``Sec. 5312. Transit research''.

  (b) Research Projects.--Section 5312(a) is amended by adding at the 
end the following:
          ``(4) Funding.--The amounts made available under section 
        5338(c) are available to the Secretary for grants, contracts, 
        cooperative agreements, or other agreements for the purposes of 
        this section and sections 5305 and 5322, as the Secretary 
        considers appropriate.''.
  (c) Joint Partnership Program.--Section 5312(b)(5) is amended by 
striking ``Mass Transit Account'' and inserting ``Alternative 
Transportation Account''.
  (d) Transit Cooperative Research Program.--Section 5312(c) is amended 
to read as follows:
  ``(c) Transit Cooperative Research Program.--
          ``(1) In general.--The Secretary shall carry out a public 
        transportation cooperative research program using amounts made 
        available under section 5338(c).
          ``(2) Independent governing board.--The Secretary shall 
        establish an independent governing board for the program. The 
        board shall recommend public transportation research, 
        development, and technology transfer activities to be carried 
        out under the program.
          ``(3) Grants and cooperative agreements.--The Secretary may 
        make grants to, and enter into cooperative agreements with, the 
        National Academy of Sciences to carry out activities under this 
        subsection that the Secretary determines appropriate.''.
  (e) Government Share.--Section 5312 is amended by adding at the end 
the following:
  ``(d) Government Share.--If there would be a clear and direct 
financial benefit to an entity under a grant or contract financed under 
this section, the Secretary shall establish a Government share 
consistent with that benefit.''.
  (f) Clerical Amendment.--The analysis for chapter 53 is amended by 
striking the item relating to section 5312 and inserting the following:

``5312. Transit research.''.

SEC. 2010. COORDINATED ACCESS AND MOBILITY PROGRAM FORMULA GRANTS.

   (a) In General.--Section 5317 is amended to read as follows:

``Sec. 5317. Coordinated access and mobility program formula grants

  ``(a) Definitions.--In this section, the following definitions apply:
          ``(1) Elderly individual.--The term `elderly individual' 
        means an individual who is age 65 or older.
          ``(2) Eligible low-income individual.--The term `eligible 
        low-income individual' means an individual whose family income 
        is at or below 150 percent of the poverty line (as that term is 
        defined in section 673 of the Community Services Block Grant 
        Act (42 U.S.C. 9902), including any revision required by that 
        section) for a family of the size involved.
          ``(3) Job access and reverse commute project.--The term `job 
        access and reverse commute project' means a transportation 
        project to finance planning, capital, and operating costs that 
        support the development and maintenance of transportation 
        services designed to transport welfare recipients and eligible 
        low-income individuals to and from jobs and activities related 
        to their employment, including transportation projects that 
        facilitate the provision of public transportation services from 
        urbanized areas and rural areas to suburban employment 
        locations.
          ``(4) Recipient.--The term `recipient' means a designated 
        recipient (as defined in section 5307(a)) and a State that 
        directly receives a grant under this section.
          ``(5) Subrecipient.--The term `subrecipient' means a State or 
        local governmental authority, nonprofit organization, or 
        private operator of public transportation services that 
        receives a grant under this section indirectly through a 
        recipient.
          ``(6) Welfare recipient.--The term `welfare recipient' means 
        an individual who has received assistance under a State or 
        tribal program funded under part A of title IV of the Social 
        Security Act (42 U.S.C. 601 et seq.) at any time during the 3-
        year period before the date on which the applicant applies for 
        a grant under this section.
  ``(b) Goals.--The goals of the program established under this section 
are to--
          ``(1) improve the accessibility of the Nation's public 
        transportation systems and services;
          ``(2) improve the mobility of or otherwise meet the special 
        needs of elderly individuals, eligible low-income individuals, 
        and individuals with disabilities; and
          ``(3) improve the coordination among all providers of public 
        transportation and human services transportation.
  ``(c) General Authority.--
          ``(1) Grants.--The Secretary may make grants under this 
        section to recipients for the following purposes:
                  ``(A) For public transportation projects planned, 
                designed, and carried out to meet the special needs of 
                elderly individuals and individuals with disabilities.
                  ``(B) For job access and reverse commute projects 
                carried out by the recipient or a subrecipient.
                  ``(C) For new public transportation services, and for 
                public transportation alternatives beyond those 
                required by the Americans with Disabilities Act of 1990 
                (42 U.S.C. 12101 et seq.), that assist individuals with 
                disabilities with transportation, including 
                transportation to and from jobs and employment support 
                services.
          ``(2) Acquiring public transportation services.--A public 
        transportation capital project under this section may include 
        acquisition of public transportation services as an eligible 
        capital expense.
          ``(3) Administrative expenses.--A recipient may use not more 
        than 10 percent of the amounts apportioned to the recipient 
        under this section to administer, plan, and provide technical 
        assistance for a project funded under this section.
  ``(d) Apportionments.--
          ``(1) Formula.--The Secretary, using the most recent 
        decennial census data, shall apportion amounts made available 
        for a fiscal year to carry out this section as follows:
                  ``(A) 50 percent of the funds shall be apportioned 
                among designated recipients (as defined in section 
                5307(a)) for urbanized areas with a population of 
                200,000 or more in the ratio that--
                          ``(i) the number of elderly individuals, 
                        individuals with disabilities, eligible low-
                        income individuals, and welfare recipients in 
                        each such urbanized area; bears to
                          ``(ii) the number of elderly individuals, 
                        individuals with disabilities, eligible low-
                        income individuals, and welfare recipients in 
                        all such urbanized areas.
                  ``(B) 25 percent of the funds shall be apportioned 
                among the States in the ratio that--
                          ``(i) the number of elderly individuals, 
                        individuals with disabilities, eligible low-
                        income individuals, and welfare recipients in 
                        urbanized areas with a population of less than 
                        200,000 in each State; bears to
                          ``(ii) the number of elderly individuals, 
                        individuals with disabilities, eligible low-
                        income individuals, and welfare recipients in 
                        urbanized areas with a population of less than 
                        200,000 in all States.
                  ``(C) 25 percent of the funds shall be apportioned 
                among the States in the ratio that--
                          ``(i) the number of elderly individuals, 
                        individuals with disabilities, eligible low-
                        income individuals, and welfare recipients in 
                        rural areas with a population of less than 
                        50,000 in each State; bears to
                          ``(ii) the number of elderly individuals, 
                        individuals with disabilities, eligible low-
                        income individuals, and welfare recipients in 
                        rural areas with a population of less than 
                        50,000 in all States.
          ``(2) Use of apportioned funds.--Except as provided in 
        paragraph (3)--
                  ``(A) funds apportioned under paragraph (1)(A) shall 
                be used for projects serving urbanized areas with a 
                population of 200,000 or more;
                  ``(B) funds apportioned under paragraph (1)(B) shall 
                be used for projects serving urbanized areas with a 
                population of less than 200,000; and
                  ``(C) funds apportioned under paragraph (1)(C) shall 
                be used for projects serving rural areas.
          ``(3) Exceptions.--A State may use funds apportioned under 
        paragraph (1)(B) or (1)(C)--
                  ``(A) for projects serving areas other than the area 
                specified in paragraph (2)(B) or (2)(C), as the case 
                may be, if the Governor of the State certifies that all 
                of the objectives of this section are being met in the 
                specified area; or
                  ``(B) for projects anywhere in the State if the State 
                has established a statewide program for meeting the 
                objectives of this section.
          ``(4) Minimum apportionment.--
                  ``(A) In general.--The Secretary may establish a 
                minimum apportionment for States and territories under 
                paragraph (1).
                  ``(B) Limitation.--A minimum apportionment received 
                by a State or territory under this paragraph for a 
                fiscal year may not exceed the total of the fiscal year 
                2012 apportionments received by the State or territory 
                under sections 5310, 5316, and 5317 (as in effect on 
                the day before the date of enactment of the Public 
                Transportation Act of 2012).
  ``(e) Competitive Process for Grants to Subrecipients.--
          ``(1) Areawide solicitations.--A recipient of funds 
        apportioned under subsection (d)(1)(A) shall conduct, in 
        cooperation with the appropriate metropolitan planning 
        organization, an areawide solicitation for applications for 
        grants to the recipient and subrecipients under this section.
          ``(2) Statewide solicitation.--A recipient of funds 
        apportioned under subsection (d)(1)(B) or (d)(1)(C) shall 
        conduct a statewide solicitation for applications for grants to 
        the recipient and subrecipients under this section.
          ``(3) Special rule.--A recipient of a grant under this 
        section may allocate the amounts provided under the grant to--
                  ``(A) a nonprofit organization or private operator of 
                public transportation, if the public transportation 
                service provided under subsection (c)(1) is 
                unavailable, insufficient, or inappropriate; or
                  ``(B) in the case of a grant to provide the services 
                described in subsection (c)(1)(A), a governmental 
                authority that--
                          ``(i) is approved by the recipient to 
                        coordinate services for elderly individuals and 
                        individuals with disabilities; or
                          ``(ii) certifies that there are not any 
                        nonprofit organizations or private operators of 
                        public transportation services readily 
                        available in the area to provide the services 
                        described in subsection (c)(1)(A).
          ``(4) Application.--Recipients and subrecipients seeking to 
        receive a grant from funds apportioned under subsection (d) 
        shall submit to the recipient an application in such form and 
        in accordance with such requirements as the recipient shall 
        establish.
          ``(5) Grant awards.--The recipient shall award grants under 
        paragraphs (1) and (2) on a competitive basis.
          ``(6) Fair and equitable distribution.--A recipient of a 
        grant under this section shall certify to the Secretary that 
        allocations of the grant to subrecipients will be distributed 
        on a fair, equitable, and competitive basis.
  ``(f) Grant Requirements.--With respect to a grant made to provide 
services described in subsection (c), the Secretary shall apply grant 
requirements that are consistent with requirements for activities 
authorized under sections 5310, 5316, and 5317 (as such sections were 
in effect on the day before the date of enactment of the Public 
Transportation Act of 2012).
  ``(g) Coordination.--
          ``(1) In general.--The Secretary shall coordinate activities 
        under this section with related activities under programs of 
        other Federal departments and agencies.
          ``(2) Project selection and planning.--A recipient of funds 
        under this section shall certify to the Secretary that--
                  ``(A) the projects selected to receive funding under 
                this section were derived from a locally developed, 
                coordinated public transportation-human services 
                transportation plan;
                  ``(B) the plan was developed through a process that 
                included participation by representatives of public, 
                private, and nonprofit transportation and human 
                services providers and participation by the public and 
                appropriate advocacy organizations; and
                  ``(C) the planning process provided for consideration 
                of projects and strategies to create or improve 
                regional transportation services that connect multiple 
                jurisdictions.
  ``(h) Government's Share of Costs.--
          ``(1) Capital projects.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), a grant for a capital project under this section 
                shall be for 80 percent of the net capital costs of the 
                project, as determined by the Secretary. The recipient 
                may provide additional local matching amounts.
                  ``(B) Exception.--A State described in section 120(b) 
                of title 23 shall receive an increased Government share 
                in accordance with the formula under such section.
          ``(2) Operating assistance.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), a grant made under this section for operating 
                assistance may not exceed 50 percent of the net 
                operating costs of the project, as determined by the 
                Secretary.
                  ``(B) Exception.--A State described in section 120(b) 
                of title 23 shall receive a Government share of the net 
                operating costs that equals 62.5 percent of the 
                Government share provided for under paragraph (1)(B).
          ``(3) Remainder.--The remainder of the net project costs--
                  ``(A) may be provided from an undistributed cash 
                surplus, a replacement or depreciation cash fund or 
                reserve, a service agreement with a State or local 
                social service agency or a private social service 
                organization, or new capital;
                  ``(B) may be derived from amounts appropriated to or 
                made available to a department or agency of the 
                Government (other than the Department of 
                Transportation) that are eligible to be expended for 
                transportation; and
                  ``(C) notwithstanding subparagraph (B), may be 
                derived from amounts made available to carry out the 
                Federal lands transportation program established by 
                section 203 of title 23.
          ``(4) Use of certain funds.--For purposes of paragraph 
        (3)(B), the prohibitions on the use of funds for matching 
        requirements under section 403(a)(5)(C)(vii) of the Social 
        Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to 
        Federal or State funds to be used for transportation purposes.
          ``(5) Limitation on operating assistance.--A recipient 
        carrying out a program of operating assistance under this 
        section may not limit the level or extent of use of the 
        Government grant for the payment of operating expenses.
  ``(i) Leasing Vehicles.--Vehicles and equipment acquired under this 
section may be leased to a recipient or subrecipient to improve 
transportation services designed to meet the special needs of elderly 
individuals, eligible low-income individuals, and individuals with 
disabilities.
  ``(j) Meal Delivery for Homebound Individuals.--Public transportation 
service providers receiving assistance under this section or section 
5311(c) may coordinate and assist in regularly providing meal delivery 
service for homebound individuals if the delivery service does not 
conflict with providing public transportation service or reduce service 
to public transportation passengers.
  ``(k) Transfers of Facilities and Equipment.--With the consent of the 
recipient in possession of a facility or equipment acquired with a 
grant under this section, a State may transfer the facility or 
equipment to any recipient eligible to receive assistance under this 
chapter if the facility or equipment will continue to be used as 
required under this section.
  ``(l) Program Evaluation.--Not later than 2 years after the date of 
enactment of the Public Transportation Act of 2012, and not later than 
2 years thereafter, the Comptroller General of the United States 
shall--
          ``(1) conduct a study to evaluate the grant program 
        authorized by this section, including a description of how 
        grant recipients have coordinated activities carried out under 
        this section with transportation activities carried out by 
        recipients using grants awarded under title III of the Older 
        Americans Act of 1965 (42 U.S.C. 3021 et seq.); and
          ``(2) transmit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs of the Senate 
        a report describing the results of the study under subparagraph 
        (A).''.
  (b) Clerical Amendment.--The analysis for chapter 53 is amended by 
striking the item relating to section 5317 and inserting the following:

``5317. Coordinated access and mobility program formula grants.''.

SEC. 2011. TRAINING AND TECHNICAL ASSISTANCE PROGRAMS.

  (a) Amendment to Section Heading.--Section 5322 is amended by 
striking the section designation and heading and inserting the 
following:

``Sec. 5322. Training and technical assistance programs''.

  (b) Training and Outreach.--Section 5322(a) is amended--
          (1) by striking ``programs that address'' and all that 
        follows before the period at the end of the first sentence and 
        inserting ``programs that address training and outreach needs 
        as they apply to public transportation activities, and programs 
        that provide public transportation-related technical assistance 
        to providers of public transportation services'';
          (2) by striking ``and'' at the end of paragraph (3);
          (3) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
          (4) by adding at the end the following:
          ``(5) technical assistance provided through national 
        nonprofit organizations with demonstrated capacity and 
        expertise in a particular area of public transportation 
        policy.''.
  (c) National Transit Institute, Technical Assistance, and Funding.--
Section 5322 is amended by adding at the end the following:
  ``(c) National Transit Institute.--
          ``(1) Grants and contracts.--The Secretary may award grants 
        or enter into contracts with a public university to establish a 
        National Transit Institute to support training and educational 
        programs for Federal, State, and local transportation employees 
        engaged or to be engaged in Government-aid public 
        transportation work.
          ``(2) Education and training.--The National Transit Institute 
        shall provide education and training to employees of State and 
        local governments at no cost when the education and training is 
        related to a responsibility under a Government program.
  ``(d) Technical Assistance.--The Secretary may provide public 
transportation-related technical assistance under this section as 
follows:
          ``(1) To help public transportation providers comply with the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.) through a competitively selected contract or cooperative 
        agreement with a national nonprofit organization serving 
        individuals with disabilities that has a demonstrated capacity 
        to carry out technical assistance, demonstration programs, 
        research, public education, and other activities related to 
        complying with such Act.
          ``(2) To help public transportation providers comply with 
        human services transportation coordination requirements and to 
        enhance the coordination of Federal resources for human 
        services transportation with those of the Department of 
        Transportation through a competitively selected contract or 
        cooperative agreement with a national nonprofit organization 
        that has a demonstrated capacity to carry out technical 
        assistance, training, and support services related to complying 
        with such requirements.
          ``(3) To help public transportation providers meet the 
        transportation needs of elderly individuals through a 
        competitively selected contract or cooperative agreement with a 
        national nonprofit organization serving elderly individuals 
        that has a demonstrated capacity to carry out such activities.
          ``(4) To provide additional technical assistance, mobility 
        management services, volunteer support services, training, and 
        research that the Secretary determines will assist public 
        transportation providers meet the goals of this section.
  ``(e) Funding.--Training and outreach programs and technical 
assistance activities performed under this section shall be paid for 
with administrative funds made available under section 5338(c).''.
  (d) Clerical Amendment.--The analysis for chapter 53 is amended by 
striking the item relating to section 5322 and inserting the following:

``5322. Training and technical assistance programs.''.

SEC. 2012. GENERAL PROVISIONS.

  (a) Government's Share of Costs for Certain Projects.--Section 
5323(i) is amended by adding at the end the following:
          ``(3) Costs incurred by providers of public transportation by 
        vanpool.--
                  ``(A) Local matching share.--The local matching share 
                provided by a recipient of assistance for a capital 
                project under this chapter may include any amounts 
                expended by a provider of public transportation by 
                vanpool for the acquisition of rolling stock to be used 
                by such provider in the recipient's service area, 
                excluding any amounts the provider may have received in 
                Federal, State, or local government assistance for such 
                acquisition.
                  ``(B) Use of revenues.--A private provider of public 
                transportation by vanpool may use revenues it receives 
                in the provision of public transportation service in 
                the service area of a recipient of assistance under 
                this chapter that are in excess of the provider's 
                operating costs for the purpose of acquiring rolling 
                stock, if the private provider enters into a legally 
                binding agreement with the recipient that requires the 
                provider to use the rolling stock in the recipient's 
                service area.
                  ``(C) Definitions.--In this paragraph, the following 
                definitions apply:
                          ``(i) Private provider of public 
                        transportation by vanpool.--The term `private 
                        provider of public transportation by vanpool' 
                        means a private entity providing vanpool 
                        services in the service area of a recipient of 
                        assistance under this chapter using a commuter 
                        highway vehicle or vanpool vehicle.
                          ``(ii) Commuter highway vehicle; vanpool 
                        vehicle.--The term `commuter highway vehicle' 
                        or `vanpool vehicle' means any vehicle--
                                  ``(I) the seating capacity of which 
                                is at least 6 adults (not including the 
                                driver); and
                                  ``(II) at least 80 percent of the 
                                mileage use of which can be reasonably 
                                expected to be for the purposes of 
                                transporting commuters in connection 
                                with travel between their residences 
                                and their place of employment.
          ``(4) Incentives for competitively contracted service.--
                  ``(A) Eligibility.--Subject to subparagraph (C), a 
                recipient of assistance under this chapter that meets 
                the targets under subparagraph (B) for competitively 
                contracted service shall be eligible, at the request of 
                the recipient, for a Federal share of 90 percent for 
                the capital cost of buses and bus-related facilities 
                and equipment purchased with financial assistance made 
                available under this chapter.
                  ``(B) Target.--To qualify for the competitively 
                contracted service incentive program under this 
                paragraph, a public transit agency or governmental unit 
                shall competitively contract for at least 20 percent of 
                its fixed route bus service. The percentage of 
                competitively contracted service shall be calculated by 
                determining the ratio of competitively contracted 
                service vehicles operated in annual maximum service to 
                total vehicles operated in annual maximum service.
                  ``(C) Maintenance of effort.--A public transit agency 
                or governmental unit shall be eligible for an increased 
                Federal share under this paragraph only if the amount 
                of State and local funding provided to the affected 
                public transit agency or governmental unit for the 
                capital cost of buses and bus-related facilities and 
                equipment will not be less than the average amount of 
                funding for such purposes provided during the 3 fiscal 
                years preceding the date of enactment of this 
                paragraph.
                  ``(D) Definitions.--In this paragraph, the following 
                definitions apply:
                          ``(i) Competitively contracted service.--The 
                        term `competitively contracted service' means 
                        fixed route bus transportation service 
                        purchased by a public transit agency or 
                        governmental unit from a private transportation 
                        provider based on a written contract.
                          ``(ii) Vehicles operated in annual maximum 
                        service.--The term `vehicles operated in annual 
                        maximum service' means the number of transit 
                        vehicles operated to meet the annual maximum 
                        service requirement during the peak season of 
                        the year, on the week and day that maximum 
                        service is provided.''.
  (b) Reasonable Access to Public Transportation Facilities.--Section 
5323 is amended by adding at the end the following:
  ``(q) Reasonable Access to Public Transportation Facilities.--A 
recipient of assistance under this chapter may not deny reasonable 
access for a private intercity or charter transportation operator to 
federally funded public transportation facilities, including intermodal 
facilities, park and ride lots, and bus-only highway lanes.''.
  (c) Special Condition on Charter Bus Transportation Service.--If, in 
any fiscal year, the Secretary is prohibited by law from enforcing 
regulations related to charter bus service under part 604 of title 49, 
Code of Federal Regulations, for any transit agency that during fiscal 
year 2008 was both initially granted a 60-day period to come into 
compliance with part 604, and then was subsequently granted an 
exception from such part--
          (1) the transit agency shall be precluded from receiving its 
        allocation of urbanized area formula grant funds for that 
        fiscal year; and
          (2) any amounts withheld pursuant to paragraph (1) shall be 
        added to the amount that the Secretary may apportion under 
        section 5336 of title 49, United States Code, in the following 
        fiscal year.

SEC. 2013. CONTRACT REQUIREMENTS.

  Section 5325(h) is amended by striking ``Federal Public 
Transportation Act of 2005'' and inserting ``Public Transportation Act 
of 2012''.

SEC. 2014. VETERANS PREFERENCE IN TRANSIT CONSTRUCTION.

  Section 5325 is amended by adding at the end the following:
  ``(k) Veterans Employment.--Recipients and subrecipients of Federal 
financial assistance under this chapter shall ensure that contractors 
working on a capital project funded using such assistance give a 
preference in the hiring or referral of laborers to veterans, as 
defined in section 2108 of title 5, who have the requisite skills and 
abilities to perform the construction work required under the 
contract.''.

SEC. 2015. PRIVATE SECTOR PARTICIPATION.

  (a) In General.--Chapter 53 is amended by inserting after section 
5325 the following:

``Sec. 5326. Private sector participation

  ``(a) General Purposes.--In the interest of fulfilling the general 
purposes of this chapter under section 5301(f), the Secretary shall--
          ``(1) better coordinate public and private sector-provided 
        public transportation services; and
          ``(2) promote more effective utilization of private sector 
        expertise, financing, and operational capacity to deliver 
        costly and complex new fixed guideway capital projects.
  ``(b) Actions to Promote Better Coordination Between Public and 
Private Sector Providers of Public Transportation.--The Secretary 
shall--
          ``(1) provide technical assistance to recipients of Federal 
        transit grant assistance on practices and methods to best 
        utilize private providers of public transportation; and
          ``(2) educate recipients of Federal transit grant assistance 
        on laws and regulations under this chapter that impact private 
        providers of public transportation.
  ``(c) Actions to Provide Technical Assistance for Alternative Project 
Delivery Methods.--Upon request by a sponsor of a new fixed guideway 
capital project, the Secretary shall--
          ``(1) identify best practices for public-private partnerships 
        models in the United States and in other countries;
          ``(2) develop standard public-private partnership transaction 
        model contracts; and
          ``(3) perform financial assessments that include the 
        calculation of public and private benefits of a proposed 
        public-private partnership transaction.''.
  (b) Clerical Amendment.--The analysis for such chapter is amended by 
inserting after the item relating to section 5325 the following:

``5326. Private sector participation.''.

  (c) Public-Private Partnership Procedures and Approaches.--
          (1) Identify impediments.--The Secretary shall--
                  (A) except as provided in paragraph (4), identify any 
                provisions of chapter 53 of title 49, United States 
                Code, and any regulations or practices thereunder, that 
                impede greater use of public-private partnerships and 
                private investment in public transportation capital 
                projects;
                  (B) develop and implement on a project basis 
                procedures and approaches that--
                          (i) address such impediments in a manner 
                        similar to the Special Experimental Project 
                        Number 15 of the Federal Highway Administration 
                        (commonly referred to as ``SEP-15''); and
                          (ii) protect the public interest and any 
                        public investment in covered projects.
          (2) Report.--Not later than 4 years after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report on the status of the procedures and approaches developed 
        and implemented under paragraph (1).
          (3) Rulemaking.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall issue rules to carry 
        out the procedures and approaches developed under paragraph 
        (1).
          (4) Rule of construction.--Nothing in this subsection may be 
        construed to allow the Secretary to waive any requirement 
        under--
                  (A) section 5333 of title 49, United States Code;
                  (B) the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.); or
                  (C) any other provision of Federal law not described 
                in paragraph (2)(A).
  (d) Contracting Out Study.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs of the Senate 
        a comprehensive report on the effect of contracting out public 
        transportation operations and administrative functions on cost, 
        availability and level of service, efficiency, and quality of 
        service.
          (2) Considerations.--In developing the report, the 
        Comptroller General shall consider--
                  (A) the number of grant recipients that have 
                contracted out services and the types of public 
                transportation services that are performed under 
                contract, including paratransit service, fixed route 
                bus service, commuter rail operations, and 
                administrative functions;
                  (B) the size of the populations served by such grant 
                recipients;
                  (C) the basis for decisions regarding contracting out 
                such services;
                  (D) comparative costs of providing service under 
                contract to providing the same service through public 
                transit agency employees, using to the greatest extent 
                possible a standard cost allocation model;
                  (E) the extent of unionization among privately 
                contracted employees; and
                  (F) barriers to contracting out public transportation 
                operations and administrative functions.
  (e) Guidance on Documenting Compliance.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall publish in the 
Federal Register policy guidance regarding how to best document 
compliance by recipients of Federal assistance under chapter 53 of 
title 49, United States Code, with the requirements regarding private 
enterprise participation in public transportation planning and 
transportation improvement programs under sections 5203(g)(6) (as added 
by title IV of this Act), and sections 5306(a) and 5307(c) of this 
title.

SEC. 2016. PROJECT MANAGEMENT OVERSIGHT.

  Section 5327(c)(1) is amended--
          (1) by striking ``to make contracts''; and
          (2) by striking subparagraph (F) and inserting the following:
                  ``(F) 1 percent of amounts made available to carry 
                out section 5337.
                  ``(G) 0.75 percent of amounts made available to carry 
                out section 5317.''.

SEC. 2017. STATE SAFETY OVERSIGHT.

  (a) General Authority.--Section 5330(b) is amended to read as 
follows:
  ``(b) General Authority.--The Secretary may require that up to 100 
percent of the amount required to be appropriated for use in a State or 
urbanized area in the State under section 5307 for a fiscal year 
beginning after September 30, 2013, be utilized on capital safety 
improvement and state of good repair projects for the benefit of fixed 
guideway transportation systems in such State or urbanized area in the 
State before any other transit capital project is undertaken, if--
          ``(1) the State in the prior fiscal year has not met the 
        requirements of subsection (c); or
          ``(2) the Secretary has certified that the State safety 
        oversight agency (as defined in section 5336(k)(1)(B)) does not 
        have adequate technical capacity, personnel resources, and 
        authority under relevant State law to perform the agency's 
        responsibilities described in that section.''.

SEC. 2018. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS.

  (a) Apportionments.--Section 5336(i) is amended to read as follows:
  ``(i) Apportionments.--Of the amounts made available for each fiscal 
year under section 5338(a)(2)(B)--
          ``(1) 2 percent shall be apportioned to certain urbanized 
        areas with populations of less than 200,000 in accordance with 
        subsection (j);
          ``(2) 1 percent shall be apportioned to applicable States for 
        operational support and training costs of State safety 
        oversight agencies and personnel employed by or under contract 
        to such agencies in accordance with subsection (k); and
          ``(3) any amount not apportioned under paragraphs (1) and (2) 
        shall be apportioned to urbanized areas in accordance with 
        subsections (a) through (c).''.
  (b) State Safety Oversight Agencies.--Section 5336(k) is amended to 
read as follows:
  ``(k) State Safety Oversight Agencies Formula.--
          ``(1) Definitions.--In this subsection, the following 
        definitions apply:
                  ``(A) Applicable states.--The term `applicable 
                States' means States that--
                          ``(i) have rail fixed guideway public 
                        transportation systems that are not subject to 
                        regulation by the Federal Railroad 
                        Administration; or
                          ``(ii) are designing or constructing rail 
                        fixed guideway public transportation systems 
                        that will not be subject to regulation by the 
                        Federal Railroad Administration.
                  ``(B) State safety oversight agencies.--The term 
                `State safety oversight agency' means a designated 
                State authority that has responsibility--
                          ``(i) for requiring, reviewing, approving, 
                        and monitoring safety program plans under 
                        section 5330(c)(1);
                          ``(ii) for investigating hazardous conditions 
                        and accidents on fixed guideway public 
                        transportation systems that are not subject to 
                        regulation by the Federal Railroad 
                        Administration; and
                          ``(iii) for requiring action to correct or 
                        eliminate those conditions.
          ``(2) Apportionment.--
                  ``(A) Apportionment formula.--The amount to be 
                apportioned under subsection (i)(2) shall be 
                apportioned among applicable States under a formula to 
                be established by the Secretary. Such formula shall 
                take into account factors of fixed guideway revenue 
                vehicle miles, fixed guideway route miles, and fixed 
                guideway vehicle passenger miles attributable to all 
                rail fixed guideway systems not subject to regulation 
                by the Federal Railroad Administration within each 
                applicable State.
                  ``(B) Recipients of apportioned amounts.--Amounts 
                apportioned under the formula established pursuant to 
                subparagraph (A) shall be made available as grants to 
                State safety oversight agencies. Such grants are 
                subject to uniform administrative requirements for 
                grants and cooperative agreements to State and local 
                governments under part 18 of title 49, Code of Federal 
                Regulations, and are subject to the requirements of 
                this chapter as the Secretary determines appropriate.
                  ``(C) Use of funds.--A State safety oversight agency 
                may use funds apportioned under subparagraph (A) for 
                program operational and administrative expenses, 
                including employee training activities, that assist the 
                agency in carrying out its responsibilities described 
                in paragraph (1)(B).
                  ``(D) Certification process.--
                          ``(i) Determinations.--The Secretary shall 
                        determine whether or not each State safety 
                        oversight agency has adequate technical 
                        capacity, personnel resources, and authority 
                        under relevant State law to perform the 
                        agency's defined responsibilities described in 
                        paragraph (1)(B).
                          ``(ii) Issuance of certifications and 
                        denials.--The Secretary shall--
                                  ``(I) issue a certification to each 
                                State safety oversight agency that the 
                                Secretary determines under clause (i) 
                                has adequate technical capacity, 
                                personnel resources, and authority; and
                                  ``(II) issue a denial of 
                                certification to each State safety 
                                oversight agency that the Secretary 
                                determines under clause (i) does not 
                                have adequate technical capacity, 
                                personnel resources, and authority, and 
                                provide the agency with a written 
                                explanation of the reasons for the 
                                denial.
                  ``(E) Annual report.--On or before July 1 of each 
                year, the Secretary shall submit to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Banking, Housing, 
                and Urban Affairs of the Senate a report on--
                          ``(i) the amount of funds apportioned to each 
                        applicable State; and
                          ``(ii) the certification status of each State 
                        safety oversight agency, including what steps 
                        an agency that has been denied certification 
                        must take in order to be so certified.''.
  (c) Conforming Amendment.--Section 5336(d)(1) is amended by striking 
``subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338'' and 
inserting ``section 5338(a)(2)(B)''.

SEC. 2019. FIXED GUIDEWAY MODERNIZATION FORMULA GRANTS.

  (a) Amendment to Section Heading.--Section 5337 is amended--
          (1) by striking the section designation and heading and 
        inserting the following:

``Sec. 5337. Fixed guideway modernization program''.

  (b) Program Goals.--Section 5337 is amended--
          (1) by redesignating subsections (a) through (f) as 
        subsections (c) through (h), respectively; and
          (2) by inserting before subsection (c) (as so redesignated) 
        the following:
  ``(a) Program Goals.--The goals of the fixed guideway modernization 
program are--
          ``(1) to rehabilitate, maintain, and preserve the Nation's 
        fixed guideway public transportation systems;
          ``(2) to reduce the maintenance backlog and increase the 
        state of good repair of the Nation's fixed guideway public 
        transportation systems; and
          ``(3) to increase the overall ridership on fixed guideway 
        public transportation systems.
  ``(b) General Authority.--The Secretary may make grants to eligible 
recipients under this section to assist State and local government 
authorities in financing capital projects to modernize eligible fixed 
guideway systems.''.
  (c) Distribution.--Section 5337(c) (as redesignated by subsection 
(b)(1) of this section) is amended by striking ``under section 5309'' 
and all that follows before paragraph (1) and inserting ``for a fiscal 
year as follows:''.
  (d) Availability of Amounts.--Section 5337(f) (as redesignated by 
subsection (b)(1) of this section) is amended to read as follows:
  ``(f) Availability of Amounts.--An amount appropriated under this 
section shall remain available for a period of 3 fiscal years after the 
fiscal year in which the amount is appropriated. Any of such amount 
that is unobligated at the end of such period shall be reapportioned 
for the next fiscal year among eligible recipients in accordance with 
subsection (c).''.
  (e) Grant Requirements.--Section 5337 is amended by adding at the end 
the following:
  ``(i) Undertaking Projects in Advance.--
          ``(1) In general.--When a recipient obligates all amounts 
        apportioned to it under this section and then carries out a 
        part of a project described in this section without amounts of 
        the Government and according to all applicable procedures and 
        requirements (except to the extent the procedures and 
        requirements limit a State to carrying out a project with 
        amounts of the Government previously apportioned to it), the 
        Secretary may pay to the recipient the Government's share of 
        the cost of carrying out that part when additional amounts are 
        apportioned to the recipient under this section if--
                  ``(A) the recipient applies for the payment;
                  ``(B) the Secretary approves the payment; and
                  ``(C) before carrying out that part, the Secretary 
                approves the plans and specifications for the part in 
                the same way as for other projects under this section.
          ``(2) Requirement for approval of applications.--The 
        Secretary may approve an application under paragraph (1) only 
        if an authorization for this section is in effect for the 
        fiscal year to which the application applies.
          ``(3) Interest payments.--The cost of carrying out that part 
        of a project includes the amount of interest earned and payable 
        on bonds issued by the recipient to the extent proceeds of the 
        bonds are expended in carrying out this part. However, the 
        amount of interest allowed under this paragraph may not be more 
        than the most favorable financing terms reasonably available 
        for the project at the time of borrowing. The applicant shall 
        certify, in a manner satisfactory to the Secretary, that the 
        applicant has shown reasonable diligence in seeking the most 
        favorable financing terms.
  ``(j) Grant Requirements.--A grant under this section shall be 
subject to the requirements of subsections (c), (d), (e), (h), (i), and 
(m) of section 5307.''.
  (f) Clerical Amendment.--The analysis for chapter 53 is amended by 
striking the item relating to section 5337 and inserting the following:

``5337. Fixed guideway modernization program.''.

SEC. 2020. AUTHORIZATIONS.

  (a) In General.--Section 5338 is amended to read as follows:

``Sec. 5338. Authorizations

  ``(a) Formula and Bus Grants.--
          ``(1) In general.--There shall be available from the 
        Alternative Transportation Account of the Highway Trust Fund to 
        carry out sections 5305, 5307, 5310, 5311, 5317, 5330, 5335, 
        and 5337 $8,400,000,000 for each of fiscal years 2013 through 
        2016.
          ``(2) Allocation of funds.--Amounts made available under 
        paragraph (1) shall be allocated as follows:
                  ``(A) $126,000,000 for each of fiscal years 2013 
                through 2016 shall be available to carry out section 
                5305.
                  ``(B) $4,578,000,000 for each of fiscal years 2013 
                through 2016 shall be allocated in accordance with 
                section 5336 to provide financial assistance for 
                urbanized areas and State safety oversight agencies 
                under sections 5307 and 5336(k).
                  ``(C) $840,000,000 for each of fiscal years 2013 
                through 2016 shall be available to provide financial 
                assistance for States and local governmental 
                authorities to replace, rehabilitate, and purchase 
                buses and related equipment and to construct bus-
                related facilities under section 5310. Of such amount, 
                $3,000,000 shall be available for each fiscal year for 
                bus testing under section 5318.
                  ``(D) $672,000,000 for each of fiscal years 2013 
                through 2016 shall be available to provide financial 
                assistance for rural areas under section 5311.
                  ``(E) $504,000,000 for each of fiscal years 2013 
                through 2016 shall be available to provide financial 
                assistance for recipients and subrecipients to provide 
                coordinated access and mobility public transportation 
                projects and services under section 5317.
                  ``(F) $3,500,000 for each of fiscal years 2013 
                through 2016 shall be available to carry out section 
                5335. Such amount shall be made available from funds 
                allocated in accordance with section 5336 before the 
                apportionments under subsection 5336(i) are carried 
                out.
                  ``(G) $1,680,000,000 for each of fiscal years 2013 
                through 2016 shall be made available and allocated in 
                accordance with section 5337 to provide financial 
                assistance for State and local government authorities 
                to finance capital projects to modernize eligible fixed 
                guideway systems.
  ``(b) Capital Investment Grants.--There is authorized to be 
appropriated to carry out section 5309(m)(2) $1,955,000,000 for each of 
fiscal years 2013 through 2016.
  ``(c) Research, Training and Outreach, and Technical Assistance.--
There is authorized to be appropriated to carry out the transit 
research program under section 5312 and the training and outreach, 
National Transit Institute, and technical assistance activities 
authorized by section 5322, $45,000,000 for each of fiscal years 2013 
through 2016. Such amounts shall remain available until expended.
  ``(d) Administration.--There is authorized to be appropriated to 
carry out sections 5326 and 5334 $98,000,000 for each of fiscal years 
2013 through 2016.
  ``(e) Grants as Contractual Obligations.--
          ``(1) Grants financed from highway trust fund.--A grant or 
        contract that is approved by the Secretary and financed with 
        amounts made available from the Alternative Transportation 
        Account of the Highway Trust Fund pursuant to this section is a 
        contractual obligation of the Government to pay the Federal 
        share of the cost of the project.
          ``(2) Grants financed from general fund.--A grant or contract 
        that is approved by the Secretary and financed with amounts 
        appropriated in advance from the General Fund of the Treasury 
        pursuant to this section is a contractual obligation of the 
        Government to pay the Federal share of the cost of the project 
        only to the extent that amounts are appropriated for such 
        purpose by an Act of Congress.''.
  (b) Conforming Amendment.--Section 5333(b)(1) is amended by striking 
``5338(b)'' and inserting ``5338(a)'' each place it appears.

SEC. 2021. OBLIGATION LIMITS.

  The total of all obligations from amounts made available from the 
Alternative Transportation Account of the Highway Trust Fund by, and 
amounts appropriated under, subsections (a) through (d) of section 5338 
of title 49, United States Code, shall not exceed $10,498,000,000 in 
each of fiscal years 2013 through 2016, of which not more than 
$8,400,000,000 shall be from the Alternative Transportation Account.

SEC. 2022. PROGRAM ELIMINATION AND CONSOLIDATION.

  (a) General Provision.--A repeal or amendment made by this section 
shall not affect funds apportioned or allocated before the effective 
date of the repeal.
  (b) Clean Fuels Discretionary Grant Program.--Section 5308, and the 
item relating to that section in the analysis for chapter 53, are 
repealed.
  (c) Conforming Amendments Regarding Formula Grants for Special Needs 
of Elderly Individuals and Individuals With Disabilities.--
          (1) Section 5327(c) is amended by striking ``5310'' each 
        place it appears and inserting ``5317''.
          (2) Section 31138(e)(4) is amended by striking ``section 
        5307, 5310, or 5311'' and inserting ``section 5307, 5311, or 
        5317''.
  (d) Public Transportation on Indian Reservations.--Section 5311(c)(1) 
is repealed.
  (e) Transit Cooperative Research Program.--Section 5313, and the item 
relating to that section in the analysis for chapter 53, are repealed.
  (f) National Research Programs.--Section 5314, and the item relating 
to that section in the analysis for chapter 53, are repealed.
  (g) National Transit Institute.--
          (1) Repeal.--Section 5315, and the item relating to that 
        section in the analysis for chapter 53, are repealed.
          (2) Conforming amendment.--Section 5307(k)(1) is amended by 
        striking ``5315(c),''.
  (h) Bicycle Facilities.--Section 5319 is amended by striking the last 
sentence.
  (i) Job Access and Reverse Commute Formula Grants.--
          (1) Repeal.--Section 5316, and the item relating to that 
        section in the analysis for chapter 53, are repealed.
          (2) Conforming amendment.--Chapter 53 is amended in section 
        5333(b)(1) by striking ``5316,'' each place it appears.
  (j) Paul S. Sarbanes Transit in the Parks Program.--
          (1) Repeal.--Section 5320, and the item relating to that 
        section in the analysis for chapter 53, are repealed.
          (2) Conforming amendment.--Section 5327(c)(2)(B) is amended 
        by striking ``5311, and 5320'' and inserting ``and 5311''.
  (k) Repeal of Debt Service Reserve Pilot Program.--Section 5323(e) is 
amended by striking paragraph (4).
  (l) Program of Interrelated Projects.--Section 5328 is amended by 
striking subsection (c).
  (m) Alternatives Analysis.--Section 5339, and the item relating to 
that section in the analysis for chapter 53, are repealed.
  (n) Apportionments Based on Growing States and High Density States 
Formula Factors.--Section 5340, and the item relating to that section 
in the analysis for chapter 53, are repealed.
  (o) Contracted Paratransit Pilot.--Section 3009 of SAFETEA-LU (119 
Stat. 1572) is amended by striking subsection (i).
  (p) Elderly Individuals and Individuals With Disabilities Pilot 
Program.--Section 3012(b) of SAFETEA-LU (49 U.S.C. 5310 note; 119 Stat. 
1591) is repealed.
  (q) National Fuel Cell Bus Technology Development Program.--Section 
3045 of SAFETEA-LU (49 U.S.C. 5308 note; 119 Stat. 1705), and the item 
relating to that section in the table of contents contained in section 
1(b) of that Act, are repealed.
  (r) Allocations for National Research and Technology Programs.--
Section 3046 of SAFETEA-LU (49 U.S.C. 5338 note; 119 Stat. 1706), and 
the item relating to that section in the table of contents contained in 
section 1(b) of that Act, are repealed.
  (s) Over-the-Road Bus Accessibility Program.--Section 3038 of the 
Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note; 
112 Stat. 392), and the item relating to that section in the table of 
contents contained in section 1(b) of that Act, are repealed.

SEC. 2023. EVALUATION AND REPORT.

  (a) Evaluation.--The Comptroller General of the United States shall 
evaluate the progress and effectiveness of the Federal Transit 
Administration in assisting recipients of assistance under chapter 53 
of title 49, United States Code, to comply with section 5332(b) of such 
title, including--
          (1) by reviewing discrimination complaints, reports, and 
        other relevant information collected or prepared by the Federal 
        Transit Administration or recipients of assistance from the 
        Federal Transit Administration pursuant to any applicable civil 
        rights statute, regulation, or other requirement; and
          (2) by reviewing the process that the Federal Transit 
        Administration uses to resolve discrimination complaints filed 
        by members of the public.
  (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Banking, Housing, and Urban Affairs of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report concerning the evaluation under subsection (a) that includes--
          (1) a description of the ability of the Federal Transit 
        Administration to address discrimination and foster equal 
        opportunities in federally funded public transportation 
        projects, programs, and activities;
          (2) recommendations for improvements if the Comptroller 
        General determines that improvements are necessary; and
          (3) information upon which the evaluation under subsection 
        (a) is based.

SEC. 2024. TRANSIT BUY AMERICA PROVISIONS.

  Section 5323(j) is amended by adding at the end the following:
          ``(10) Application of buy america to transit programs.--The 
        requirements of this subsection apply to all contracts for a 
        project carried out within the scope of the applicable finding, 
        determination, or decision under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the 
        funding source of such contracts, if at least one contract for 
        the project is funded with amounts made available to carry out 
        this chapter.
          ``(11) Additional waiver requirements.--
                  ``(A) In general.--If the Secretary receives a 
                request for a waiver under this section, the Secretary 
                shall provide notice of and an opportunity for public 
                comment on the request at least 30 days before making a 
                finding based on the request.
                  ``(B) Notice requirements.--A notice provided under 
                subparagraph (A) shall include the information 
                available to the Secretary concerning the request and 
                shall be provided by electronic means, including on the 
                official public Internet Web site of the Department of 
                Transportation
                  ``(C) Detailed justification.--If the Secretary 
                issues a waiver under this subsection, the Secretary 
                shall publish in the Federal Register a detailed 
                justification for the waiver that addresses the public 
                comments received under subparagraph (A) and shall 
                ensure that such justification is published before the 
                waiver takes effect.''.

                 TITLE III--ENVIRONMENTAL STREAMLINING

SEC. 3001. AMENDMENTS TO TITLE 23, UNITED STATES CODE.

  Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 23, 
United States Code.

SEC. 3002. DECLARATION OF POLICY.

  (a) Expedited Project Delivery.--Section 101(b) is amended by adding 
at the end the following:
          ``(4) Expedited project delivery.--Congress declares that it 
        is in the national interest to expedite the delivery of surface 
        transportation projects by substantially reducing the average 
        length of the environmental review process. Accordingly, it is 
        the policy of the United States that--
                  ``(A) the Secretary shall have the lead role among 
                Federal agencies in carrying out the environmental 
                review process for surface transportation projects;
                  ``(B) each Federal agency shall cooperate with the 
                Secretary to expedite the environmental review process 
                for surface transportation projects;
                  ``(C) there shall be a presumption that the mode, 
                facility type, and corridor location for a surface 
                transportation project will be determined in the 
                transportation planning process, as established in 
                sections 5203 and 5204 of title 49;
                  ``(D) project sponsors shall not be prohibited from 
                carrying out pre-construction project development 
                activities concurrently with the environmental review 
                process;
                  ``(E) programmatic approaches shall be used, to the 
                maximum extent possible, to reduce the need for 
                project-by-project reviews and decisions by Federal 
                agencies; and
                  ``(F) the Secretary shall actively support increased 
                opportunities for project sponsors to assume 
                responsibilities of the Secretary in carrying out the 
                environmental review process.''.

SEC. 3003. EXEMPTION IN EMERGENCIES.

   If any road, highway, or bridge is in operation or under 
construction when damaged by an emergency declared by the Governor of 
the State and concurred in by the Secretary, or declared by the 
President pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121), and is reconstructed in the 
same location with the same capacity, dimensions, and design as before 
the emergency, then that reconstruction project shall be exempt from 
any further environmental reviews, approvals, licensing, and permit 
requirements under--
          (1) the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.);
          (2) sections 402 and 404 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1342, 1344);
          (3) the National Historic Preservation Act (16 U.S.C. 470 et 
        seq.);
          (4) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
          (5) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.);
          (6) the Fish and Wildlife Coordination Act (16 U.S.C. 661 et 
        seq.);
          (7) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), except when the reconstruction occurs in designated 
        critical habitat for threatened and endangered species;
          (8) Executive Order 11990 (42 U.S.C. 4321 note; relating to 
        the protection of wetlands); and
          (9) any Federal law (including regulations) requiring no net 
        loss of wetlands.

SEC. 3004. ADVANCE ACQUISITION OF REAL PROPERTY INTERESTS.

  (a) Real Property Interests.--Section 108 is amended--
          (1) by striking ``real property'' each place it appears and 
        inserting ``real property interests'';
          (2) by striking ``right-of-way'' each place it appears and 
        inserting ``real property interest''; and
          (3) by striking ``rights-of-way'' each place it appears and 
        inserting ``real property interests''.
  (b) State-funded Early Acquisition of Real Property Interests.--
Section 108(c) is amended--
          (1) in the subsection heading by striking ``Early Acquisition 
        of Rights-of-Way'' and inserting ``State-Funded Early 
        Acquisition of Real Property Interests'';
          (2) by redesignating paragraphs (1) and (2) as paragraphs (2) 
        and (3), respectively;
          (3) in paragraph (2), as redesignated--
                  (A) in the heading by striking ``General rule'' and 
                inserting ``Eligibility for reimbursement''; and
                  (B) by striking ``Subject to paragraph (2)'' and 
                inserting ``Subject to paragraph (3)'';
          (4) by inserting before paragraph (2), as redesignated, the 
        following:
          ``(1) In general.--A State may carry out, at the expense of 
        the State, acquisitions of interests in real property for a 
        project before completion of the review process required for 
        the project under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.) without affecting subsequent approvals 
        required for the project by the State or any Federal agency.''; 
        and
          (5) in paragraph (3), as redesignated--
                  (A) in the matter preceding subparagraph (A) by 
                striking ``in paragraph (1)'' and inserting ``in 
                paragraph (2)''; and
                  (B) in subparagraph (G) by striking ``both the 
                Secretary and the Administrator of the Environmental 
                Protection Agency have concurred'' and inserting ``the 
                Secretary has determined''.
  (c) Federally Funded Acquisition of Real Property Interests.--Section 
108 is further amended by adding at the end the following:
  ``(d) Federally Funded Early Acquisition of Real Property 
Interests.--
          ``(1) In general.--The Secretary may authorize the use of 
        Federal funds for the acquisition of a real property interest 
        by a State. For purposes of this subsection, an acquisition of 
        a real property interest includes the acquisition of any 
        interest in land, including the acquisition of a contractual 
        right to acquire any interest in land, or any other similar 
        action to acquire or preserve rights-of-way for a 
        transportation facility.
          ``(2) State certification.--A State requesting Federal 
        funding for an acquisition of a real property interest shall 
        certify in writing that--
                  ``(A) the State has authority to acquire the real 
                property interest under State law;
                  ``(B) the acquisition of the real property interest 
                is for a transportation purpose; and
                  ``(C) the State acknowledges that early acquisition 
                will not be considered by the Secretary in the 
                environmental assessment of a project, the decision 
                relative to the need to construct a project, or the 
                selection of a project design or location.
          ``(3) Environmental compliance.--Before authorizing Federal 
        funding for an acquisition of a real property interest, the 
        Secretary shall complete for the acquisition the review process 
        under the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.). For purposes of the review process, the 
        acquisition of a real property interest shall be treated as 
        having independent utility and does not limit consideration of 
        alternatives for future transportation improvements with 
        respect to the real property interest.
          ``(4) Programming.--The acquisition of a real property 
        interest for which Federal funding is requested shall be 
        included as a project in an applicable transportation 
        improvement program under sections 5203 and 5204 of title 49. 
        The acquisition project may be included in the transportation 
        improvement program on its own, without including the future 
        construction project for which the real property interest is 
        being acquired. The acquisition project may consist of the 
        acquisition of a specific parcel, a portion of a transportation 
        corridor, or an entire transportation corridor.
          ``(5) Other requirements.--The acquisition of a real property 
        interest shall be carried out in compliance with all 
        requirements applicable to the acquisition of real property 
        interests for federally funded transportation projects.
  ``(e) Consideration of Long-Range Transportation Needs.--The 
Secretary shall encourage States and other public authorities, if 
practicable, to acquire transportation real property interests that are 
sufficient to accommodate long-range transportation needs and, if 
possible, to do so through the acquisition of broad real property 
interests that have the capacity for expansion over a 50- to 100-year 
period and the potential to accommodate one or more transportation 
modes.''.

SEC. 3005. STANDARDS.

  Section 109 (as amended by title I of this Act) is further amended by 
adding at the end the following:
  ``(s) Undertaking Design Activities Before Completion of 
Environmental Review Process.--
          ``(1) In general.--A State may carry out, at the expense of 
        the State, design activities at any level of detail for a 
        project before completion of the review process required for 
        the project under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.) without affecting subsequent approvals 
        of the project.
          ``(2) Eligibility for reimbursement.--Subject to paragraph 
        (3), funds apportioned to a State under this title may be used 
        to participate in the payment of costs incurred by the State 
        for design activities, if the results of the activities are 
        subsequently incorporated (in whole or in substantial part) 
        into a project eligible for surface transportation program 
        funds.
          ``(3) Terms and conditions.--The Federal share payable of the 
        costs described in paragraph (2) shall be eligible for 
        reimbursement out of funds apportioned to a State under this 
        title when the design activities are incorporated (in whole or 
        in substantial part) into a project eligible for surface 
        transportation program funds, if the State demonstrates to the 
        Secretary and the Secretary finds that--
                  ``(A) before the time that the cost incurred by a 
                State is approved for Federal participation, 
                environmental compliance pursuant to the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) has been completed for the project for which the 
                design activities were conducted by the State; and
                  ``(B) the design activities conducted pursuant to 
                this subsection did not preclude the consideration of 
                alternatives to the project.''.

SEC. 3006. LETTING OF CONTRACTS.

  (a) Bidding Requirements.--Section 112(b)(1) is amended to read as 
follows:
          ``(1) In general.--
                  ``(A) Competitive bidding requirement.--Subject to 
                paragraphs (2), (3), and (4), construction of each 
                project, subject to the provisions of subsection (a), 
                shall be performed by contract awarded by competitive 
                bidding, unless the State transportation department 
                demonstrates, to the satisfaction of the Secretary, 
                that some other method is more cost effective or that 
                an emergency exists.
                  ``(B) Basis of award.--
                          ``(i) In general.--Contracts for the 
                        construction of each project shall be awarded 
                        only on the basis of the lowest responsive bid 
                        submitted by a bidder meeting established 
                        criteria of responsibility.
                          ``(ii) Prohibition.--No requirement or 
                        obligation shall be imposed as a condition 
                        precedent to the award of a contract to such 
                        bidder for a project, or to the Secretary's 
                        concurrence in the award of a contract to such 
                        bidder, unless such requirement or obligation 
                        is otherwise lawful and is specifically set 
                        forth in the advertised specifications.''.
  (b) Design-build Contracting.--Section 112(b)(3) is amended--
          (1) in subparagraph (A) by striking ``subparagraph (C)'' and 
        inserting ``subparagraph (B)'';
          (2) by striking subparagraph (B);
          (3) by redesignating subparagraphs (C) through (E) as 
        subparagraphs (B) through (D), respectively; and
          (4) in subparagraph (C), as redesignated--
                  (A) in the matter preceding clause (i) by striking 
                ``of the SAFETEA-LU'' and inserting ``of the American 
                Energy and Infrastructure Jobs Act of 2012'';
                  (B) in clause (ii) by striking ``and'' at the end;
                  (C) in clause (iii)--
                          (i) by striking ``final design or''; and
                          (ii) by striking the period at the end and 
                        inserting ``; and''; and
                  (D) by adding at the end the following:
                          ``(iv) permit the State transportation 
                        department, the local transportation agency, 
                        and the design-build contractor to proceed, at 
                        the expense of one or more of those entities, 
                        with design activities at any level of detail 
                        for a project before completion of the review 
                        process required for the project under the 
                        National Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.) without affecting 
                        subsequent approvals required for the project. 
                        Design activities carried out under this clause 
                        shall be eligible for Federal reimbursement as 
                        a project expense in accordance with the 
                        requirements under section 109(s).''.
  (c) Efficiencies in Contracting.--Section 112(b) is amended by adding 
at the end the following:
          ``(4) Method of contracting.--
                  ``(A) In general.--
                          ``(i) Two-phase contract.--A contracting 
                        agency may award a two-phase contract for 
                        preconstruction and construction services.
                          ``(ii) Pre-construction services phase.--In 
                        the pre-construction services phase, the 
                        contractor shall provide the contracting agency 
                        with advice for scheduling, work sequencing, 
                        cost engineering, constructability, cost 
                        estimating, and risk identification.
                          ``(iii) Agreement.--Prior to the start of the 
                        construction services phase, the contracting 
                        agency and the contractor may agree to a price 
                        and other factors specified in regulation for 
                        the construction of the project or a portion of 
                        the project.
                          ``(iv) Construction phase.--If an agreement 
                        is reached under clause (iii), the contractor 
                        shall be responsible for the construction of 
                        the project or portion of the project at the 
                        negotiated price and other factors specified in 
                        regulation.
                  ``(B) Selection.--A contract shall be awarded to a 
                contractor using a competitive selection process based 
                on qualifications, experience, best value, or any other 
                combination of factors considered appropriate by the 
                contracting agency.
                  ``(C) Timing.--
                          ``(i) Relationship to nepa process.--Prior to 
                        the completion of the process required under 
                        section 102 of the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4332), a 
                        contracting agency may--
                                  ``(I) issue requests for proposals;
                                  ``(II) proceed with the award of a 
                                contract for preconstruction services 
                                under subparagraph (A); and
                                  ``(III) issue notices to proceed with 
                                a preliminary design and any work 
                                related to preliminary design.
                          ``(ii) Preconstruction services phase.--If 
                        the preconstruction services phase of a 
                        contract under subparagraph (A)(ii) focuses 
                        primarily on one alternative, the Secretary 
                        shall require that the contract include 
                        appropriate provisions to achieve the 
                        objectives of section 102 of the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4332) and comply with other applicable Federal 
                        laws and regulations.
                          ``(iii) Construction services phase.--A 
                        contracting agency may not proceed with the 
                        award of the construction services phase of a 
                        contract under subparagraph (A)(iv) and may not 
                        proceed, or permit any consultant or contractor 
                        to proceed, with construction until completion 
                        of the process required under section 102 of 
                        the National Environmental Policy Act of 1969 
                        (42 U.S.C. 4332).
                          ``(iv) Approval requirement.--Prior to 
                        authorizing construction activities, the 
                        Secretary shall approve the contracting 
                        agency's price estimate for the entire project, 
                        as well as any price agreement with the general 
                        contractor for the project or a portion of the 
                        project.
                          ``(v) Design activities.--A contracting 
                        agency may proceed, at its expense, with design 
                        activities at any level of detail for a project 
                        before completion of the review process 
                        required for the project under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) without affecting subsequent 
                        approvals required for the project. Design 
                        activities carried out under this clause shall 
                        be eligible for Federal reimbursement as a 
                        project expense in accordance with the 
                        requirements under section 109(s).''.

SEC. 3007. ELIMINATION OF DUPLICATION IN HISTORIC PRESERVATION 
                    REQUIREMENTS.

  (a) Preservation of Parklands.--Section 138 is amended by adding at 
the end the following:
  ``(c) Elimination of Duplication for Historic Sites and Properties.--
The requirements of this section shall be considered to be satisfied 
for an historic site or property where its treatment has been agreed 
upon in a memorandum of agreement by invited and mandatory signatories, 
including the Advisory Council on Historic Preservation, if 
participating, in accordance with section 106 of the National Historic 
Preservation Act (16 U.S.C. 470f).''.
  (b) Policy on Lands, Wildlife and Waterfowl Refuges, and Historic 
Sites.--Section 303 of title 49, United States Code, is amended by 
adding at the end the following:
  ``(e) Elimination of Duplication for Historic Sites and Properties.--
The requirements of this section shall be considered to be satisfied 
for an historic site or property where its treatment has been agreed 
upon in a memorandum of agreement by invited and mandatory signatories, 
including the Advisory Council on Historic Preservation, if 
participating, in accordance with section 106 of the National Historic 
Preservation Act (16 U.S.C. 470f).''.

SEC. 3008. FUNDING THRESHOLD.

  Section 139(b) is amended by adding at the end the following:
          ``(3) Funding threshold.--The Secretary's approval of a 
        project receiving funds under this title or under chapter 53 of 
        title 49 shall not be considered a Federal action for the 
        purposes of the National Environmental Policy Act of 1969 if 
        such funds--
                  ``(A) constitute 15 percent or less of the total 
                estimated project costs; or
                  ``(B) are less than $10,000,000.''.

SEC. 3009. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING.

  (a) Flexibility.--Section 139(b) is further amended--
          (1) in paragraph (2) by inserting ``, and any requirements 
        established in this section may be satisfied,'' after 
        ``exercised''; and
          (2) by adding after paragraph (3), as added by this Act, the 
        following:
          ``(4) Programmatic compliance.--At the request of a State, 
        the Secretary may modify the procedures developed under this 
        section to encourage programmatic approaches and strategies 
        with respect to environmental programs and permits (in lieu of 
        project-by-project reviews).''.
  (b) Federal Lead Agency.--Section 139(c) is amended--
          (1) in paragraph (1) by adding at the end the following: ``If 
        the project requires approval from more than one modal 
        administration within the Department, the Secretary shall 
        designate a single modal administration to serve as the Federal 
        lead agency for the Department in the environmental review 
        process for the project.'';
          (2) in paragraph (3) by inserting ``or other approvals by the 
        Secretary'' after ``chapter 53 of title 49''; and
          (3) by striking paragraph (5) and inserting the following:
          ``(5) Adoption and use of documents.--Any environmental 
        document prepared in accordance with this subsection shall be 
        adopted and used by any Federal agency in making any approval 
        of a project subject to this section as the document required 
        to be completed under the National Environmental Policy Act of 
        1969.''.
  (c) Participating Agencies.--
          (1) Effect of designation.--Section 139(d)(4) is amended to 
        read as follows:
          ``(4) Effect of designation.--
                  ``(A) Requirement.--A participating agency shall 
                comply with the requirements of this section and any 
                schedule established under this section.
                  ``(B) Implication.--Designation as a participating 
                agency under this subsection shall not imply that the 
                participating agency--
                          ``(i) supports a proposed project; or
                          ``(ii) has any jurisdiction over, or special 
                        expertise with respect to evaluation of, the 
                        project.''.
          (2) Concurrent reviews.--Section 139(d)(7) is amended to read 
        as follows:
          ``(7) Concurrent reviews.--Each participating agency and 
        cooperating agency shall--
                  ``(A) carry out obligations of that agency under 
                other applicable law concurrently, and in conjunction, 
                with the review required under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.); and
                  ``(B) formulate and implement administrative, policy, 
                and procedural mechanisms to enable the agency to 
                ensure completion of the environmental review process 
                in a timely, coordinated, and environmentally 
                responsible manner.''.
  (d) Project Initiation.--Section 139(e) is amended by adding at the 
end the following: ``The project sponsor may satisfy this requirement 
by submitting to the Secretary a draft notice for publication in the 
Federal Register announcing the preparation of an environmental impact 
statement for the project.''.
  (e) Alternatives Analysis.--Section 139(f) is amended--
          (1) in paragraph (4)--
                  (A) by amending subparagraph (B) to read as follows
                  ``(B) Range of alternatives.--
                          ``(i) In general.--Following participation 
                        under paragraph (1), the lead agency shall 
                        determine the range of alternatives for 
                        consideration in any document which the lead 
                        agency is responsible for preparing for the 
                        project.
                          ``(ii) Limitation.--The range of alternatives 
                        shall be limited to alternatives that are--
                                  ``(I) consistent with the 
                                transportation mode and general design 
                                of the project described in the long-
                                range transportation plan or 
                                transportation improvement program 
                                prepared pursuant to section 5203 or 
                                5204 of title 49; and
                                  ``(II) consistent with the funding 
                                identified for the project under the 
                                fiscal constraint requirements of 
                                section 5203 or 5204 of title 49.
                          ``(iii) Restriction.--A Federal agency may 
                        not require the evaluation of any alternative 
                        that was evaluated, but not adopted--
                                  ``(I) in any prior State or Federal 
                                environmental document with regard to 
                                the applicable long-range 
                                transportation plan or transportation 
                                improvement program; or
                                  ``(II) after the preparation of a 
                                programmatic or tiered environmental 
                                document that evaluated alternatives to 
                                the project.
                          ``(iv) Legal sufficiency.--The evaluation of 
                        the range of alternatives shall be deemed 
                        legally sufficient if the environmental 
                        document complies with the requirements of this 
                        paragraph.'';
                  (B) in subparagraph (C)--
                          (i) by striking ``(C) Methodologies.--The 
                        lead agency'' and inserting the following:
                  ``(C) Methodologies.--
                          ``(i) In general.--The lead agency'';
                          (ii) by striking ``in collaboration with 
                        participating agencies at appropriate times 
                        during the study process'' and inserting 
                        ``after consultation with participating 
                        agencies as part of the scoping process''; and
                          (iii) by adding at the end the following:
                          ``(ii) Comments.--Each participating agency 
                        shall limit comments on such methodologies to 
                        those issues that are within the authority and 
                        expertise of such participating agency.
                          ``(iii) Studies.--The lead agency may not 
                        conduct studies proposed by any participating 
                        agency that are not within the authority or 
                        expertise of such participating agency.''; and
                  (C) by adding at the end the following:
                  ``(E) Limitations on the evaluation of impacts 
                evaluated in prior environmental documents.--
                          ``(i) In general.--The lead agency may not 
                        reevaluate, and a Federal agency may not 
                        require the reevaluation of, cumulative impacts 
                        or growth-inducing impacts where such impacts 
                        were previously evaluated in--
                                  ``(I) a long-range transportation 
                                plan or transportation improvement 
                                program developed pursuant to section 
                                5203 or 5204 of title 49;
                                  ``(II) a prior environmental document 
                                approved by the Secretary; or
                                  ``(III) a prior State environmental 
                                document approved pursuant to a State 
                                law that is substantially equivalent to 
                                section 102(2)(C) of the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4332(2)(C)).
                          ``(ii) Legal sufficiency.--The evaluation of 
                        cumulative impacts and growth inducing impacts 
                        shall be deemed legally sufficient if the 
                        environmental document complies with the 
                        requirements of this paragraph.''; and
          (2) by adding at the end the following:
          ``(5) Effective decisionmaking.--
                  ``(A) Concurrence.--At the discretion of the lead 
                agency, a participating agency shall be presumed to 
                concur in the determinations made by the lead agency 
                under this subsection unless the participating agency 
                submits an objection to the lead agency in writing 
                within 30 days after receiving notice of the lead 
                agency's determination and specifies the statutory 
                basis for the objection.
                  ``(B) Adoption of determination.--If the 
                participating agency concurs or does not object within 
                the 30-day period, the participating agency shall adopt 
                the lead agency's determination for purposes of any 
                reviews, approvals, or other actions taken by the 
                participating agency as part of the environmental 
                review process for the project.''.
  (f) Coordination Plan.--Section 139(g) is amended--
          (1) in paragraph (1)(A) by striking ``project or category of 
        projects'' and inserting ``project, category of projects, or 
        program of projects'';
          (2) by amending paragraph (3) to read as follows:
          ``(3) Deadlines for decisions under other laws.--
                  ``(A) Prior approval deadline.--If a participating 
                agency is required to make a determination regarding or 
                otherwise approve or disapprove the project prior to 
                the record of decision or finding of no significant 
                impact of the lead agency, such participating agency 
                shall make such determination or approval not later 
                than 30 days after the lead agency publishes notice of 
                the availability of a final environmental impact 
                statement or other final environmental document, or not 
                later than such other date that is otherwise required 
                by law, whichever occurs first.
                  ``(B) Other deadlines.--With regard to any 
                determination or approval of a participating agency 
                that is not subject to subparagraph (A), each 
                participating agency shall make any required 
                determination regarding or otherwise approve or 
                disapprove the project not later than 90 days after the 
                date that the lead agency approves the record of 
                decision or finding of no significant impact for the 
                project, or not later than such other date that is 
                otherwise required by law, whichever occurs first.
                  ``(C) Deemed approved.--In the event that any 
                participating agency fails to make a determination or 
                approve or disapprove the project within the applicable 
                deadline described in subparagraphs (A) and (B), the 
                project shall be deemed approved by such participating 
                agency, and such approval shall be deemed to comply 
                with the applicable requirements of Federal law.
                  ``(D) Judicial review.--
                          ``(i) In general.--An approval of a project 
                        under subparagraph (C) shall not be subject to 
                        judicial review.
                          ``(ii) Written finding.--The Secretary may 
                        issue a written finding verifying the approval 
                        made in accordance with this paragraph.''; and
          (3) by striking paragraph (4).
  (g) Issue Identification and Resolution.--Section 139(h)(4) is 
amended by adding at the end the following:
                  ``(C) Resolution final.--
                          ``(i) In general.--The lead agency and 
                        participating agencies may not reconsider the 
                        resolution of any issue agreed to by the 
                        relevant agencies in a meeting under 
                        subparagraph (A).
                          ``(ii) Compliance with applicable law.--Any 
                        such resolution shall be deemed to comply with 
                        applicable law notwithstanding that the 
                        agencies agreed to such resolution prior to the 
                        approval of the environmental document.''.
  (h) Streamlined Documentation and Decisionmaking.--Section 139 (as 
amended by title I of this Act) is further amended--
          (1) by redesignating subsections (i) through (l) as 
        subsections (k) through (n), respectively; and
          (2) by inserting after subsection (h) the following:
  ``(i) Streamlined Documentation and Decisionmaking.--
          ``(1) In general.--The lead agency in the environmental 
        review process for a project, in order to reduce paperwork and 
        expedite decisionmaking, shall prepare a condensed final 
        environmental impact statement.
          ``(2) Condensed format.--A condensed final environmental 
        impact statement for a project in the environmental review 
        process shall consist only of--
                  ``(A) an incorporation by reference of the draft 
                environmental impact statement;
                  ``(B) any updates to specific pages or sections of 
                the draft environmental impact statement as 
                appropriate; and
                  ``(C) responses to comments on the draft 
                environmental impact statement and copies of the 
                comments.
          ``(3) Timing of decision.--Notwithstanding any other 
        provision of law, in conducting the environmental review 
        process for a project, the lead agency shall combine a final 
        environmental impact statement and a record of decision for the 
        project into a single document if--
                  ``(A) the alternative approved in the record of 
                decision is either a preferred alternative that was 
                identified in the draft environmental impact statement 
                or is a modification of such preferred alternative that 
                was developed in response to comments on the draft 
                environmental impact statement;
                  ``(B) the Secretary has received a certification from 
                a State under section 128, if such a certification is 
                required for the project; and
                  ``(C) the Secretary determines that the lead agency, 
                participating agency, or the project sponsor has 
                committed to implement the measures applicable to the 
                approved alternative that are identified in the final 
                environmental impact statement.
  ``(j) Supplemental Environmental Review and Re-Evaluation.--
          ``(1) Supplemental environmental review.--After the approval 
        of a record of decision or finding of no significant impact 
        with regard to a project, an agency may not require the 
        preparation of a subsequent environmental document for such 
        project unless the lead agency determines that--
                  ``(A) changes to the project will result in new 
                significant impacts that were not evaluated in the 
                environmental document; or
                  ``(B) new information has become available or changes 
                in circumstances have occurred after the lead agency 
                approval of the project that will result in new 
                significant impacts that were not evaluated in the 
                environmental document.
          ``(2) Re-evaluations.--The Secretary may only require the re-
        evaluation of a document prepared under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if--
                  ``(A) the Secretary determines that the events in 
                paragraph (1)(A) or (1)(B) apply; and
                  ``(B) more than 5 years has elapsed since the 
                Secretary's prior approval of the project or 
                authorization of project funding.
          ``(3) Change to record of decision.--After the approval of a 
        record of decision, the Secretary may not require the record of 
        decision to be changed solely because of a change in the fiscal 
        circumstances surrounding the project.''.
  (i) Regulations.--Section 139(m) (as redesignated by subsection 
(h)(1) of this section) is further amended to read as follows:
  ``(m) Regulations.--
          ``(1) In general.--Not later than 1 year after the date of 
        enactment of the American Energy and Infrastructure Jobs Act of 
        2012, the Secretary, by regulation, shall--
                  ``(A) implement this section; and
                  ``(B) establish methodologies and procedures for 
                evaluating the environmental impacts, including 
                cumulative impacts and growth-inducing impacts, of 
                transportation projects subject to this section.
          ``(2) Compliance with applicable law.--Any environmental 
        document that utilizes the methodologies and procedures 
        established under this subsection shall be deemed to comply 
        with the applicable requirements of--
                  ``(A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.) or its implementing 
                regulations; or
                  ``(B) any other Federal environmental statute 
                applicable to transportation projects.''.
  (j) Limitations on Claims.--Section 139(n) (as redesignated by 
subsection (h)(1) of this section) is further amended--
          (1) in paragraph (1) by striking ``180 days'' and inserting 
        ``90 days''; and
          (2) by striking paragraph (2) and inserting the following:
          ``(2) New information.--The preparation of a supplemental 
        environmental impact statement or other environmental document 
        when required by this section shall be considered a separate 
        final agency action and the deadline for filing a claim for 
        judicial review of such action shall be 90 days after the date 
        of publication of a notice in the Federal Register announcing 
        such action.''.
  (k) Limitations on Judicial Relief.--Section 139 is further amended 
by adding at the end the following:
  ``(o) Limitations on Judicial Relief.--Notwithstanding any other 
provision of law, the following limitations shall apply to actions 
brought before a court in connection with a project under this section:
          ``(1) Venue for any action shall be where the project is 
        located.
          ``(2) A specific property interest impacted by the 
        transportation project in question must exist in order to have 
        standing to bring an action.
          ``(3) No action may be commenced by any person alleging a 
        violation of--
                  ``(A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.), chapters 5 and 7 of title 5, 
                or any other Federal law applicable to the evaluation, 
                avoidance, or mitigation of environmental impacts of 
                the project if such Federal law is identified in the 
                draft environmental impact statement, unless such 
                person provided written notice to the lead agency of 
                the alleged violation of law, and the facts supporting 
                such claim, during the public comment period on the 
                draft environmental impact statement; or
                  ``(B) any other law with regard to the project unless 
                such person provided written notice to the applicable 
                approving agency of the alleged violation of law, and 
                the facts supporting such claim, during the public 
                comment period on such agency approval.
          ``(4) Elected or appointed officials working for the 
        Government or a State government may not be named in their 
        individual capacities in an action if they are acting within 
        the scope of their official duties.''.

SEC. 3010. DISPOSAL OF HISTORIC PROPERTIES.

  (a) Disposal of Historic Properties.--Section 156 is amended--
          (1) by striking the section heading and inserting ``Sale or 
        lease of real property''; and
          (2) by adding at the end the following:
  ``(d) Assessment of Adverse Effects.--Notwithstanding part 800 of 
title 36, Code of Federal Regulations, the sale or lease by a State of 
any historic property that is not listed in the National Register of 
Historic Places shall not be considered an adverse effect to the 
property within any consultation process carried out under section 106 
of the National Historic Preservation Act (16 U.S.C. 470f).''.
  (b) Clerical Amendment.--The analysis for chapter 1 is amended by 
striking the item relating to section 156 and inserting the following:

``156. Sale or lease of real property.''.

SEC. 3011. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.

  (a) In General.--Chapter 1 is amended by adding at the end the 
following:

``Sec. 167. Integration of planning and environmental review

  ``(a) Definitions.--In this section, the following definitions apply:
          ``(1) Environmental review process.--
                  ``(A) In general.--The term `environmental review 
                process' means the process for preparing for a project 
                an environmental impact statement, environmental 
                assessment, categorical exclusion, or other document 
                prepared under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
                  ``(B) Inclusions.--The term `environmental review 
                process' includes the process for and completion of any 
                environmental permit, approval, review, or study 
                required for a project under any Federal law other than 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
          ``(2) Planning product.--The term `planning product' means 
        any decision, analysis, study, or other documented result of an 
        evaluation or decisionmaking process carried out during 
        transportation planning.
          ``(3) Project.--The term `project' means any highway project 
        or program of projects, public transportation capital project 
        or program of projects, or multimodal project or program of 
        projects that requires the approval of the Secretary.
          ``(4) Project sponsor.--The term `project sponsor' means the 
        agency or other entity, including any private or public-private 
        entity, that seeks approval of the Secretary for a project.
  ``(b) Purpose and Findings.--
          ``(1) Purpose.--The purpose of this section is to establish 
        the authority and provide procedures for achieving integrated 
        planning and environmental review processes to--
                  ``(A) enable statewide and metropolitan planning 
                processes to more effectively serve as the foundation 
                for project decisions;
                  ``(B) foster better decisionmaking;
                  ``(C) reduce duplication in work;
                  ``(D) avoid delays in transportation improvements; 
                and
                  ``(E) better transportation and environmental results 
                for communities and the United States.
          ``(2) Findings.--Congress finds the following:
                  ``(A) This section is consistent with and is adopted 
                in furtherance of sections 101 and 102 of the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4331 and 
                4332) and section 109 of this title.
                  ``(B) This section should be broadly construed and 
                may be applied to any project, class of projects, or 
                program of projects carried out under this title or 
                chapter 53 of title 49.
  ``(c) Adoption of Planning Products for Use in NEPA Proceedings.--
          ``(1) In general.--Notwithstanding any other provision of law 
        and subject to the conditions set forth in subsection (e), the 
        Federal lead agency for a project, at the request of the 
        project sponsors, may adopt and use a planning product in 
        proceedings relating to any class of action in the 
        environmental review process of the project.
          ``(2) Partial adoption of planning products.--The Federal 
        lead agency may adopt a planning product under paragraph (1) in 
        its entirety or may select portions for adoption.
          ``(3) Timing.--A determination under paragraph (1) with 
        respect to the adoption of a planning product shall be made at 
        the time the lead agencies decide the appropriate scope of 
        environmental review for the project.
  ``(d) Applicability.--
          ``(1) Planning decisions.--Planning decisions that may be 
        adopted pursuant to this section include--
                  ``(A) a purpose and need or goals and objectives 
                statement for the project, including with respect to 
                whether tolling, private financial assistance, or other 
                special financial measures are necessary to implement 
                the project;
                  ``(B) a decision with respect to travel corridor 
                location, including project termini;
                  ``(C) a decision with respect to modal choice, 
                including a decision to implement corridor or subarea 
                study recommendations to advance different modal 
                solutions as separate projects with independent 
                utility;
                  ``(D) a decision with respect to the elimination of 
                unreasonable alternatives and the selection of the 
                range of reasonable alternatives for detailed study 
                during the environmental review process;
                  ``(E) a basic description of the environmental 
                setting;
                  ``(F) a decision with respect to methodologies for 
                analysis; and
                  ``(G) identifications of programmatic level 
                mitigation for potential impacts that the Federal lead 
                agency, in consultation with Federal, State, local, and 
                tribal resource agencies, determines are most 
                effectively addressed at a regional or national program 
                level, including--
                          ``(i) system-level measures to avoid, 
                        minimize, or mitigate impacts of proposed 
                        transportation investments on environmental 
                        resources, including regional ecosystem and 
                        water resources; and
                          ``(ii) potential mitigation activities, 
                        locations, and investments.
          ``(2) Planning analyses.--Planning analyses that may be 
        adopted pursuant to this section include studies with respect 
        to--
                  ``(A) travel demands;
                  ``(B) regional development and growth;
                  ``(C) local land use, growth management, and 
                development;
                  ``(D) population and employment;
                  ``(E) natural and built environmental conditions;
                  ``(F) environmental resources and environmentally 
                sensitive areas;
                  ``(G) potential environmental effects, including the 
                identification of resources of concern and potential 
                cumulative effects on those resources, identified as a 
                result of a statewide or regional cumulative effects 
                assessment; and
                  ``(H) mitigation needs for a proposed action, or for 
                programmatic level mitigation, for potential effects 
                that the Federal lead agency determines are most 
                effectively addressed at a regional or national program 
                level.
  ``(e) Conditions.--Adoption and use of a planning product under this 
section is subject to a determination by the Federal lead agency, in 
consultation with joint lead agencies and project sponsors as 
appropriate, that the following conditions have been met:
          ``(1) The planning product was developed through a planning 
        process conducted pursuant to applicable Federal law.
          ``(2) The planning process included broad multidisciplinary 
        consideration of systems-level or corridor-wide transportation 
        needs and potential effects.
          ``(3) During the planning process, notice was provided 
        through publication or other means to Federal, State, and local 
        government agencies and tribal governments that might have an 
        interest in the proposed project, and to members of the general 
        public, of the planning products that the planning process 
        might produce and that might be relied on during the 
        environmental review process, and such entities have been 
        provided an appropriate opportunity to participate in the 
        planning process leading to such planning product.
          ``(4) Prior to determining the scope of environmental review 
        for the project, the joint lead agencies have made 
        documentation relating to the planning product available to 
        Federal, State, and local governmental agencies and tribal 
        governments that may have an interest in the proposed action, 
        and to members of the general public.
          ``(5) There is no significant new information or new 
        circumstance that has a reasonable likelihood of affecting the 
        continued validity or appropriateness of the planning product.
          ``(6) The planning product is based on reliable and 
        reasonably current data and reasonable and scientifically 
        acceptable methodologies.
          ``(7) The planning product is documented in sufficient detail 
        to support the decision or the results of the analysis and to 
        meet requirements for use of the information in the 
        environmental review process.
          ``(8) The planning product is appropriate for adoption and 
        use in the environmental review process for the project.
  ``(f) Effect of Adoption.--Notwithstanding any other provision of 
law, any planning product adopted by the Federal lead agency in 
accordance with this section shall not be reconsidered or made the 
subject of additional interagency consultation during the environmental 
review process of the project unless the Federal lead agency, in 
consultation with joint lead agencies and project sponsors as 
appropriate, determines that there is significant new information or 
new circumstances that affect the continued validity or appropriateness 
of the adopted planning product. Any planning product adopted by the 
Federal lead agency in accordance with this section may be relied upon 
and used by other Federal agencies in carrying out reviews of the 
project.
  ``(g) Rule of Construction.--This section may not be construed to 
make the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) process applicable to the transportation planning process 
conducted under chapter 52 of title 49. Initiation of the National 
Environmental Policy Act of 1969 process as a part of, or concurrently 
with, transportation planning activities does not subject 
transportation plans and programs to the National Environmental Policy 
Act of 1969 process. This section may not be construed to affect the 
use of planning products in the National Environmental Policy Act of 
1969 process pursuant to other authorities under law or to restrict the 
initiation of the National Environmental Policy Act of 1969 process 
during planning.''.
  (b) Clerical Amendment.--The analysis for such chapter is amended by 
adding at end the following:

``167. Integration of planning and environmental review.''.

SEC. 3012. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.

  (a) In General.--Chapter 1 (as amended by this title) is further 
amended by adding at the end the following:

``Sec. 168. Development of programmatic mitigation plans

  ``(a) In General.--As part of the statewide or metropolitan 
transportation planning process, a State or metropolitan planning 
organization may develop one or more programmatic mitigation plans to 
address the potential environmental impacts of future transportation 
projects.
  ``(b) Scope.--
          ``(1) Scale.--A programmatic mitigation plan may be developed 
        on a regional, ecosystem, watershed, or statewide scale.
          ``(2) Resources.--The plan may encompass multiple 
        environmental resources within a defined geographic area or may 
        focus on a specific resource, such as aquatic resources, 
        parklands, or wildlife habitat.
          ``(3) Project impacts.--The plan may address impacts from all 
        projects in a defined geographic area or may focus on a 
        specific type of project, such as bridge replacements.
          ``(4) Consultation.--The scope of the plan shall be 
        determined by the State or metropolitan planning organization, 
        as appropriate, in consultation with the agency or agencies 
        with jurisdiction over the resources being addressed in the 
        mitigation plan.
  ``(c) Contents.--A programmatic mitigation plan may include--
          ``(1) an assessment of the condition of environmental 
        resources in the geographic area covered by the plan, including 
        an assessment of recent trends and any potential threats to 
        those resources;
          ``(2) an assessment of potential opportunities to improve the 
        overall quality of environmental resources in the geographic 
        area covered by the plan, through strategic mitigation for 
        impacts of transportation projects;
          ``(3) standard measures for mitigating certain types of 
        impacts;
          ``(4) parameters for determining appropriate mitigation for 
        certain types of impacts, such as mitigation ratios or criteria 
        for determining appropriate mitigation sites;
          ``(5) adaptive management procedures, such as protocols that 
        involve monitoring predicted impacts over time and adjusting 
        mitigation measures in response to information gathered through 
        the monitoring; and
          ``(6) acknowledgment of specific statutory or regulatory 
        requirements that must be satisfied when determining 
        appropriate mitigation for certain types of resources.
  ``(d) Process.--Before adopting a programmatic mitigation plan, a 
State or metropolitan planning organization shall--
          ``(1) consult with the agency or agencies with jurisdiction 
        over the environmental resources considered in the programmatic 
        mitigation plan;
          ``(2) make a draft of the plan available for review and 
        comment by applicable environmental resource agencies and the 
        public;
          ``(3) consider any comments received from such agencies and 
        the public on the draft plan; and
          ``(4) address such comments in the final plan.
  ``(e) Integration With Other Plans.--A programmatic mitigation plan 
may be integrated with other plans, including watershed plans, 
ecosystem plans, species recovery plans, growth management plans, and 
land use plans.
  ``(f) Consideration in Project Development and Permitting.--If a 
programmatic mitigation plan has been developed pursuant to this 
section, any Federal agency responsible for environmental reviews, 
permits, or approvals for a transportation project shall give 
substantial weight to the recommendations in a programmatic mitigation 
plan when carrying out their responsibilities under applicable laws.
  ``(g) Preservation of Existing Authorities.--Nothing in this section 
limits the use of programmatic approaches to reviews under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
  (b) Clerical Amendment.--The analysis for such chapter (as amended by 
this title) is further amended by adding at the end the following:

``168. Development of programmatic mitigation plans.''.

SEC. 3013. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL 
                    EXCLUSIONS.

  Section 326(a) is amended--
          (1) in paragraph (2) by striking ``and only for types of 
        activities specifically designated by the Secretary'' and 
        inserting ``and for any type of activity for which a 
        categorical exclusion classification is appropriate''; and
          (2) by adding at the end the following:
          ``(4) Preservation of flexibility.--The Secretary shall not 
        require a State, as a condition of assuming responsibility 
        under this section, to forego project delivery methods that are 
        otherwise permissible for highway projects.''.

SEC. 3014. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.

  (a) Program Name.--Section 327 is amended--
          (1) in the section heading by striking ``pilot''; and
          (2) in subsection (a)(1) by striking ``pilot''.
  (b) Assumption of Responsibility.--Section 327(a)(2) is amended--
          (1) in subparagraph (A) by striking ``highway'';
          (2) in subparagraph (B) by striking clause (ii) and inserting 
        the following:
                          ``(ii) the Secretary may not assign any 
                        responsibility imposed on the Secretary by 
                        section 5203 or 5204 of title 49.''; and
          (3) by adding at the end the following:
                  ``(F) Preservation of flexibility.--The Secretary may 
                not require a State, as a condition of participation in 
                the program, to forego project delivery methods that 
                are otherwise permissible for projects.''.
  (c) State Participation.--Section 327(b) is amended--
          (1) by amending paragraph (1) to read as follows:
          ``(1) Participating states.--All States are eligible to 
        participate in the program.''; and
          (2) in paragraph (2) by striking ``this section, the 
        Secretary shall promulgate'' and inserting ``amendments to this 
        section by the American Energy and Infrastructure Jobs Act of 
        2012, the Secretary shall amend, as appropriate,''.
  (d) Written Agreement.--Section 327(c) is amended--
          (1) in paragraph (3)(D) by striking the period at the end and 
        inserting a semicolon; and
          (2) by adding at the end the following:
          ``(4) have a term of not more than 5 years; and
          ``(5) be renewable.''.
  (e) Conforming Amendment.--Section 327(e) is amended by striking 
``subsection (i)'' and inserting ``subsection (j)''.
  (f) Audits.--Section 327(g)(1)(B) is amended by striking ``subsequent 
year'' and inserting ``of the third and fourth years''.
  (g) Monitoring.--Section 327 is further amended--
          (1) by redesignating subsections (h) and (i) as subsections 
        (i) and (j), respectively; and
          (2) by inserting after subsection (g) the following:
  ``(h) Monitoring.--After the fourth year of the participation of a 
State in the program, the Secretary shall monitor compliance by the 
State with the written agreement, including the provision by the State 
of financial resources to carry out the written agreement.''.
  (h) Termination.--Section 327(j) (as redesignated by subsection 
(g)(1) of this section) is amended to read as follows:
  ``(j) Termination.--The Secretary may terminate the participation of 
any State in the program if--
          ``(1) the Secretary determines that the State is not 
        adequately carrying out the responsibilities assigned to the 
        State;
          ``(2) the Secretary provides to the State--
                  ``(A) notification of the determination of 
                noncompliance; and
                  ``(B) a period of at least 30 days during which to 
                take such corrective action as the Secretary determines 
                is necessary to comply with the applicable agreement; 
                and
          ``(3) the State, after the notification and period provided 
        under paragraph (2), fails to take satisfactory corrective 
        action, as determined by the Secretary.''.
  (i) Definitions.--Section 327 is amended by adding at the end the 
following:
  ``(k) Definitions.--In this section, the following definitions apply:
          ``(1) Multimodal project.--The term `multimodal project' 
        means a project funded, in whole or in part, under this title 
        or chapter 53 of title 49 and involving the participation of 
        more than one Department of Transportation administration or 
        agency.
          ``(2) Project.--The term `project' means any highway project, 
        public transportation capital project, or multimodal project 
        that requires the approval of the Secretary.''.
  (j) Clerical Amendment.--The analysis for chapter 3 is amended by 
striking the item relating to section 327 and inserting the following:

``327. Surface transportation project delivery program.''.

SEC. 3015. PROGRAM FOR ELIMINATING DUPLICATION OF ENVIRONMENTAL 
                    REVIEWS.

  (a) In General.--Chapter 3 (as amended by title I of this Act) is 
further amended by adding at the end the following:

``Sec. 331. Program for eliminating duplication of environmental 
                    reviews

  ``(a) Establishment.--
          ``(1) In general.--The Secretary shall establish a program to 
        eliminate duplicative environmental reviews and approvals under 
        State and Federal law of projects. Under this program, a State 
        may use State laws and procedures to conduct reviews and make 
        approvals in lieu of Federal environmental laws and 
        regulations, consistent with the provisions of this section.
          ``(2) Participating states.--All States are eligible to 
        participate in the program.
          ``(3) Scope of alternative review and approval procedures.--
        For purposes of this section, alternative environmental review 
        and approval procedures may include one or more of the 
        following:
                  ``(A) Substitution of one or more State environmental 
                laws for one or more Federal environmental laws, if the 
                Secretary determines in accordance with this section 
                that the State environmental laws provide environmental 
                protection and opportunities for public involvement 
                that are substantially equivalent to the applicable 
                Federal environmental laws.
                  ``(B) Substitution of one or more State regulations 
                for Federal regulations implementing one or more 
                Federal environmental laws, if the Secretary determines 
                in accordance with this section that the State 
                regulations provide environmental protection and 
                opportunities for public involvement that are 
                substantially equivalent to the Federal regulations.
  ``(b) Application.--To participate in the program, a State shall 
submit to the Secretary an application containing such information as 
the Secretary may require, including--
          ``(1) a full and complete description of the proposed 
        alternative environmental review and approval procedures of the 
        State;
          ``(2) for each State law or regulation included in the 
        proposed alternative environmental review and approval 
        procedures of the State, an explanation of the basis for 
        concluding that the law or regulation meets the requirements 
        under subsection (a)(3); and
          ``(3) evidence of having sought, received, and addressed 
        comments on the proposed application from the public and 
        appropriate Federal environmental resource agencies.
  ``(c) Review of Application.--The Secretary shall--
          ``(1) review an application submitted under subsection (b);
          ``(2) approve or disapprove the application in accordance 
        with subsection (d) not later than 90 days after the date of 
        the receipt of the application; and
          ``(3) transmit to the State notice of the approval or 
        disapproval, together with a statement of the reasons for the 
        approval or disapproval.
  ``(d) Approval of State Programs.--
          ``(1) In general.--The Secretary shall approve each such 
        application if the Secretary finds that the proposed 
        alternative environmental review and approval procedures of the 
        State are substantially equivalent to the applicable Federal 
        environmental laws and Federal regulations.
          ``(2) Exclusion.--The National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.) shall not apply to any decision 
        by the Secretary to approve or disapprove any application 
        submitted pursuant to this section.
  ``(e) Compliance With Permits.--Compliance with a permit or other 
approval of a project issued pursuant to a program approved by the 
Secretary under this section shall be deemed compliance with the 
Federal laws and regulations identified in the program approved by the 
Secretary pursuant to this section.
  ``(f) Review and Termination.--
          ``(1) Review.--All State alternative environmental review and 
        approval procedures approved under this section shall be 
        reviewed by the Secretary not less than once every 5 years.
          ``(2) Public notice and comment.--In conducting the review 
        process under paragraph (1), the Secretary shall provide notice 
        and an opportunity for public comment.
          ``(3) Extensions and terminations.--At the conclusion of the 
        review process, the Secretary may extend the State alternative 
        environmental review and approval procedures for an additional 
        5-year period or terminate the State program.
  ``(g) Report to Congress.--Not later than 2 years after the date of 
enactment of this section and annually thereafter, the Secretary shall 
submit to Congress a report that describes the administration of the 
program.
  ``(h) Definitions.--For purposes of this section:
          ``(1) Environmental law.--The term `environmental law' 
        includes any law that provides procedural or substantive 
        protection, as applicable, for the natural or built environment 
        with regard to the construction and operation of projects.
          ``(2) Federal environmental laws.--The term `Federal 
        environmental laws' means laws governing the review of 
        environmental impacts of, and issuance of permits and other 
        approvals for, the construction and operation of projects, 
        including section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)), section 404 of the 
        Federal Water Pollution Control Act (33 U.S.C. 1344), section 
        106 of the National Historic Preservation Act (16 U.S.C. 470f), 
        and sections 7(a)(2), 9(a)(1)(B), and 10(a)(1)(B) of the 
        Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2), 
        1538(a)(1)(B), 1539(a)(1)(B)).
          ``(3) Multimodal project.--The term `multimodal project' 
        means a project funded, in whole or in part, under this title 
        or chapter 53 of title 49 and involving the participation of 
        more than one Department of Transportation administration or 
        agency.
          ``(4) Project.--The term `project' means any highway project, 
        public transportation capital project, or multimodal project 
        that requires the approval of the Secretary.''.
  (b) Clerical Amendment.--The analysis for such chapter (as amended by 
title I of this Act) is further amended by adding at the end the 
following:

``331. Program for eliminating duplication of environmental reviews.''.

SEC. 3016. STATE PERFORMANCE OF LEGAL SUFFICIENCY REVIEWS.

  (a) In General.--Chapter 3 (as amended by this title) is further 
amended by adding at the end the following:

``Sec. 332. State performance of legal sufficiency reviews

  ``(a) In General.--At the request of any State transportation 
department, the Federal Highway Administration shall enter into an 
agreement with the State transportation department to authorize the 
State to carry out the legal sufficiency reviews for environmental 
impact statements and environmental assessments under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in accordance 
with this section.
  ``(b) Terms of Agreement.--An agreement authorizing a State to carry 
out legal sufficiency reviews for Federal-aid highway projects shall 
contain the following provisions:
          ``(1) A finding by the Federal Highway Administration that 
        the State has the capacity to carry out legal sufficiency 
        reviews that are equivalent in quality and consistency to the 
        reviews that would otherwise be conducted by attorneys employed 
        by such Administration.
          ``(2) An oversight process, including periodic reviews 
        conducted by attorneys employed by such Administration, to 
        evaluate the quality of the legal sufficiency reviews carried 
        out by the State transportation department under the agreement.
          ``(3) A requirement for the State transportation department 
        to submit a written finding of legal sufficiency to the Federal 
        Highway Administration concurrently with the request by the 
        State for Federal approval of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) document.
          ``(4) An opportunity for the Federal Highway Administration 
        to conduct an additional legal sufficiency review for any 
        project, for not more than 30 days, if considered necessary by 
        the Federal Highway Administration.
          ``(5) Procedures allowing either party to the agreement to 
        terminate the agreement for any reason with 30 days notice to 
        the other party.
  ``(c) Effect of Agreement.--A legal sufficiency review carried out by 
a State transportation department under this section shall be deemed by 
the Federal Highway Administration to satisfy the requirement for a 
legal sufficiency review in sections 771.125(b) and 774.7(d) of title 
23, Code of Federal Regulations, or other applicable regulations issued 
by the Federal Highway Administration.''.
  (b) Clerical Amendment.--The analysis for such chapter (as amended by 
this title) is further amended by adding at the end the following:

``332. State performance of legal sufficiency reviews.''.

SEC. 3017. CATEGORICAL EXCLUSIONS.

  (a) In General.--The Secretary shall treat an activity carried out 
under title 23, United States Code, or project within a right-of-way as 
a class of action categorically excluded from the requirements relating 
to environmental assessments or environmental impact statements under 
section 771.117(c) of title 23, Code of Federal Regulations.
  (b) Definitions.--In this section, the following definitions apply:
          (1) Multimodal project.--The term ``multimodal project'' 
        means a project funded, in whole or in part, under title 23, 
        United States Code, or chapter 53 of title 49 of such Code and 
        involving the participation of more than one Department of 
        Transportation administration or agency.
          (2) Project.--The term ``project'' means any highway project, 
        public transportation capital project, or multimodal project 
        that requires the approval of the Secretary.

SEC. 3018. ENVIRONMENTAL REVIEW PROCESS DEADLINE.

  (a) In General.--
          (1) Deadline.--Notwithstanding any other provision of law, 
        the environmental review process for a project shall be 
        completed not later than 270 days after the date on which the 
        notice of project initiation under section 139(e) of title 23, 
        United States Code, is published in the Federal Register.
          (2) Consequences of missed deadline.--If the environmental 
        review process for a project is not completed in accordance 
        with paragraph (1)--
                  (A) the project shall be considered to have no 
                significant impact to the human environment for 
                purposes of the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.); and
                  (B) that classification shall be considered to be a 
                final agency action.
  (b) Appeal.--In this section, the following rules shall apply:
          (1) There shall be a single administrative appeal for the 
        environmental review process carried out pursuant to this 
        section.
          (2) Upon resolution of the administrative appeal, judicial 
        review of the final agency decision after exhaustion of 
        administrative remedies shall lie with the United States Court 
        of Appeals for the District of Columbia Circuit.
          (3) An appeal to the court specified in paragraph (2) shall 
        be based only on the administrative record.
          (4) After an agency has made a final decision with respect to 
        the environmental review process carried out under this 
        section, that decision shall be effective during the course of 
        any subsequent appeal to a court specified in paragraph (2).
          (5) All civil actions arising under this section shall be 
        considered to arise under the laws of the United States.
  (c) Definitions.--In this section, the following definitions apply:
          (1) Environmental review process.--
                  (A) In general.--The term ``environmental review 
                process'' means the process for preparing for a project 
                an environmental impact statement, environmental 
                assessment, categorical exclusion, or other document 
                prepared under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
                  (B) Inclusions.--The term ``environmental review 
                process'' includes the process for and completion of 
                any environmental permit, approval, review, or study 
                required for a project under any Federal law other than 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
          (2) Lead agency.--The term ``lead agency'' means the 
        Department of Transportation and, if applicable, any State or 
        local governmental entity serving as a joint lead agency 
        pursuant to this section.
          (3) Multimodal project.--The term ``multimodal project'' 
        means a project funded, in whole or in part, under title 23, 
        United States Code, or chapter 53 of title 49 of such Code and 
        involving the participation of more than one Department of 
        Transportation administration or agency.
          (4) Project.--The term ``project'' means any highway project, 
        public transportation capital project, or multimodal project 
        that requires the approval of the Secretary.

SEC. 3019. RELOCATION ASSISTANCE.

  (a) Alternative Relocation Payment Process.--
          (1) Establishment.--For the purpose of identifying 
        improvements in the timeliness of providing relocation 
        assistance to persons displaced as a result of Federal or 
        federally-assisted programs and projects, the Secretary shall 
        establish an alternative relocation payment process 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.), are calculated based on reasonable estimates and paid 
        in advance of the physical displacement of the displaced 
        person.
          (2) Payments.--
                  (A) Timing of payments.--Relocation assistance 
                payments may be provided to the displaced person at the 
                same time as payments of just compensation for real 
                property acquired for a program or project of the 
                State.
                  (B) Combined payment.--Payments for relocation and 
                just compensation may be combined into a single 
                unallocated amount.
          (3) Conditions for state use of alternative process.--
                  (A) In general.--After public notice and an 
                opportunity to comment, the Secretary shall adopt 
                criteria for States to use the alternative relocation 
                payment process established by the Secretary.
                  (B) Memorandum of agreement.--In order to use the 
                alternative relocation payment process, a State shall 
                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 requirements; and
                          (v) the circumstances under which the 
                        Secretary may terminate or suspend the 
                        authority of the State to use the alternative 
                        relocation payment process.
                  (C) Required information.--A State may use the 
                alternative relocation payment process only after the 
                displaced persons affected by a program or project--
                          (i) are informed in writing--
                                  (I) that the relocation payments the 
                                displaced persons receive under the 
                                alternative relocation payment process 
                                may be higher or lower than the amount 
                                that the displaced persons would have 
                                received under the standard relocation 
                                assistance process; and
                                  (II) of their right not to 
                                participate in the alternative 
                                relocation payment process; and
                          (ii) agree in writing to the alternative 
                        relocation payment process.
                  (D) Election not to participate.--The displacing 
                agency shall provide any displaced person who elects 
                not to participate in the alternative relocation 
                payment process 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.).
          (4) Protections against inconsistent treatment.--If other 
        Federal agencies plan displacements in or adjacent to an area 
        of a project using the alternative relocation payment process 
        within the same time period as a project acquisition and 
        relocation action of the project, the Secretary shall adopt 
        measures to protect against inconsistent treatment of displaced 
        persons. Such measures may include a determination that the 
        alternative relocation payment process authority may not be 
        used on a specific project.
          (5) Report.--
                  (A) In general.--The Secretary shall submit to 
                Congress an annual report on the implementation of the 
                alternative relocation payment process.
                  (B) Contents.--The report shall include an evaluation 
                of the merits of the alternative relocation payment 
                process, including the effects of the alternative 
                relocation payment process on--
                          (i) displaced persons and the protections 
                        afforded to such persons by the Uniform 
                        Relocation Assistance and Real Property 
                        Acquisition Policies Act of 1970 (42 U.S.C. 
                        4601 et seq.);
                          (ii) the efficiency of the delivery of 
                        Federal-aid highway projects and overall 
                        effects on the Federal-aid highway program; and
                          (iii) 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.).
          (6) Limitation.--The alternative relocation payment process 
        under 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.
          (7) NEPA applicability.--Notwithstanding any other provision 
        of law, the use of the alternative relocation payment process 
        established under this section on a project funded under title 
        23, United States Code, and administered by the Federal Highway 
        Administration is not a major Federal action requiring analysis 
        or approval under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.).
  (b) Uniform Relocation Assistance Act Amendments.--
          (1) 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--
                  (A) in subsection (a)(4) by striking ``$10,000'' and 
                inserting ``$25,000, as adjusted by regulation, in 
                accordance with section 213(d)''; and
                  (B) 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)''.
          (2) 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 by--
                  (A) striking ``$22,500'' and inserting ``$31,000, as 
                adjusted by regulation, in accordance with section 
                213(d),''; and
                  (B) striking ``one hundred and eighty days prior to'' 
                and inserting ``90 days before''.
          (3) 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--
                  (A) 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
                  (B) in the second sentence of subsection (b) by 
                striking ``, except'' and all that follows through the 
                end of the subsection and inserting a period.
          (4) 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--
                  (A) in subsection (b)--
                          (i) in paragraph (2) by striking ``and'';
                          (ii) in paragraph (3) by striking the period 
                        and inserting ``; and''; and
                          (iii) 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 that describes the activities conducted by the Federal 
        agency.''; and
                  (B) 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.''.
          (5) Agency coordination.--Title II of the Uniform Relocation 
        Assistance and Real Property Acquisition Policies Act of 1970 
        (42 U.S.C. 4601 et seq.) is amended by inserting after section 
        213 (42 U.S.C. 4633) the following:

``SEC. 214. AGENCY COORDINATION.

  ``(a) Agency Capacity.--Each Federal agency responsible for funding 
or carrying out relocation and acquisition activities shall have 
adequately trained personnel and such other resources as are necessary 
to manage and oversee the relocation and acquisition program of the 
Federal agency in accordance with this Act.
  ``(b) Interagency Agreements.--Not later than 1 year after the date 
of the enactment of this section, each Federal agency responsible for 
funding relocation and acquisition activities (other than the agency 
serving as the lead agency) shall enter into a memorandum of 
understanding with the lead agency that--
          ``(1) provides for periodic training of the personnel of the 
        Federal agency, which in the case of a Federal agency that 
        provides Federal financial assistance, may include personnel of 
        any displacing agency that receives Federal financial 
        assistance;
          ``(2) addresses ways in which the lead agency may provide 
        assistance and coordination to the Federal agency relating to 
        compliance with this Act on a program or project basis; and
          ``(3) addresses the funding of the training, assistance, and 
        coordination activities provided by the lead agency, in 
        accordance with subsection (c).
  ``(c) Interagency Payments.--
          ``(1) In general.--For the fiscal year that begins 1 year 
        after the date of the enactment of this section, and each 
        fiscal year thereafter, each Federal agency responsible for 
        funding relocation and acquisition activities (other than the 
        agency serving as the lead agency) shall transfer to the lead 
        agency for the fiscal year, such funds as are necessary, but 
        not less than $35,000, to support the training, assistance, and 
        coordination activities of the lead agency described in 
        subsection (b).
          ``(2) Included costs.--The cost to a Federal agency of 
        providing the funds described in paragraph (1) shall be 
        included as part of the cost of 1 or more programs or projects 
        undertaken by the Federal agency or with Federal financial 
        assistance that result in the displacement of persons or the 
        acquisition of real property.''.
  (c) Cooperation With Federal Agencies.--Section 308(a) is amended to 
read as follows:
  ``(a) Authorized Activities.--
          ``(1) In general.--The Secretary may perform, by contract or 
        otherwise, authorized engineering or other services in 
        connection with the survey, construction, maintenance, or 
        improvement of highways for other Federal agencies, cooperating 
        foreign countries, and State cooperating agencies.
          ``(2) Inclusions.--Services authorized under paragraph (1) 
        may include activities authorized under section 214 of the 
        Uniform Relocation Assistance and Real Property Acquisition 
        Policies Act of 1970 (42 U.S.C. 4601 et seq.).
          ``(3) Reimbursement.--Reimbursement for services carried out 
        under this subsection, including depreciation on engineering 
        and road-building equipment, shall be credited to the 
        applicable appropriation.''.

                   TITLE IV--TRANSPORTATION PLANNING

SEC. 4001. TRANSPORTATION PLANNING.

  (a) In General.--Subtitle III of title 49, United States Code, is 
amended by inserting after chapter 51 the following:

                 ``CHAPTER 52--TRANSPORTATION PLANNING

``Sec.
``5201. Policy.
``5202. Definitions.
``5203. Metropolitan transportation planning.
``5204. Statewide transportation planning.
``5205. National strategic transportation plan.
``5206. National performance management system.

``Sec. 5201. Policy

  ``(a) In General.--It is in the national interest to--
          ``(1) encourage and promote the safe and efficient 
        management, operation, and development of surface 
        transportation systems that will serve the mobility needs of 
        people and freight and foster economic growth and development 
        within and between States and urbanized areas, while minimizing 
        transportation-related fuel consumption and air pollution 
        through metropolitan and statewide transportation planning 
        processes identified in this chapter; and
          ``(2) encourage the continued improvement and evolution of 
        the metropolitan and statewide transportation planning 
        processes by metropolitan planning organizations, State 
        departments of transportation, and public transportation 
        operators as guided by the planning factors identified in 
        sections 5203(f) and 5204(d).
  ``(b) Common Transportation Planning Program.--This chapter provides 
a common transportation planning program to be administered by the 
Federal Highway Administration and the Federal Transit Administration.

``Sec. 5202. Definitions

  ``In this chapter, the following definitions apply:
          ``(1) Metropolitan planning area.--The term `metropolitan 
        planning area' means the geographic area determined by 
        agreement between the metropolitan planning organization for 
        the area and the Governor under section 5203(c).
          ``(2) Metropolitan long-range transportation plan.--The term 
        `metropolitan long-range transportation plan' means a long-
        range transportation plan developed by an MPO under section 
        5203 for a metropolitan planning area.
          ``(3) Metropolitan planning organization; mpo.--The term 
        `metropolitan planning organization' or `MPO' means the policy 
        board of an organization created as a result of the designation 
        process in section 5203(b).
          ``(4) Metropolitan transportation improvement program; 
        metropolitan tip.--The term `metropolitan transportation 
        improvement program' or `metropolitan TIP' means a 
        transportation improvement program developed by an MPO under 
        section 5203 for a metropolitan planning area.
          ``(5) Nonmetropolitan area.--The term `nonmetropolitan area' 
        means a geographic area outside designated metropolitan 
        planning areas.
          ``(6) Nonmetropolitan local official.--The term 
        `nonmetropolitan local official' means elected and appointed 
        officials of general purpose local government in a 
        nonmetropolitan area with responsibility for transportation.
          ``(7) Regional transportation planning organization.--The 
        term `regional transportation planning organization' means a 
        policy board of an organization created as the result of a 
        designation under section 5204(k).
          ``(8) Secretary.--The term `Secretary' means the Secretary of 
        Transportation.
          ``(9) State.--The term `State' means any of the 50 States, 
        the District of Columbia, or Puerto Rico.
          ``(10) Statewide strategic long-range transportation plan.--
        The term `statewide strategic long-range transportation plan' 
        means a strategic long-range transportation plan developed by a 
        State under section 5204 for all areas of the State.
          ``(11) Statewide transportation improvement program; 
        statewide tip.--The term `statewide transportation improvement 
        program' or `statewide TIP' means a transportation improvement 
        program developed by a State under section 5204 for all areas 
        of the State.
          ``(12) Urbanized area.--The term `urbanized area' means a 
        geographic area with a population of 50,000 or more, as 
        designated by the Bureau of the Census.

``Sec. 5203. Metropolitan transportation planning

  ``(a) General Requirements.--
          ``(1) Development of metropolitan long-range plans and 
        tips.--To accomplish the objectives set forth in section 5201, 
        metropolitan planning organizations designated under subsection 
        (b), in cooperation with the State and public transportation 
        operators, shall develop metropolitan long-range transportation 
        plans and transportation improvement programs for metropolitan 
        planning areas of the State.
          ``(2) Contents.--Metropolitan long-range transportation plans 
        and TIPs shall provide for the development and integrated 
        management and operation of transportation systems and 
        facilities (including accessible pedestrian walkways, bicycle 
        transportation facilities, and intermodal facilities that 
        support intercity transportation, including intercity buses and 
        intercity bus facilities) that will function as an intermodal 
        transportation system for the metropolitan planning area and as 
        an integral part of an intermodal transportation system for the 
        State and the United States.
          ``(3) Process of development.--The process for developing 
        metropolitan long-range transportation plans and TIPs shall 
        provide for consideration of all modes of transportation and 
        shall be continuing, cooperative, and comprehensive to the 
        degree appropriate, based on the complexity of the 
        transportation problems to be addressed.
  ``(b) Designation of MPOs.--
          ``(1) In general.--To carry out the transportation planning 
        process required by this section, an MPO shall be designated 
        for an urbanized area with a population of more than 100,000 
        individuals--
                  ``(A) by agreement between the Governor and units of 
                general purpose local government that together 
                represent at least 75 percent of the affected 
                population (including the largest incorporated city 
                (based on population) as named by the Bureau of the 
                Census); or
                  ``(B) in accordance with procedures established by 
                applicable State or local law.
          ``(2) Structure.--An MPO that serves an area designated as a 
        transportation management area, when designated or redesignated 
        under this subsection, shall consist of--
                  ``(A) local elected officials;
                  ``(B) officials of public agencies that administer or 
                operate major modes of transportation in the 
                metropolitan area; and
                  ``(C) appropriate State officials.
          ``(3) Limitation on statutory construction.--Nothing in this 
        subsection may be construed to interfere with the authority, 
        under any State law in effect on December 18, 1991, of a public 
        agency with multimodal transportation responsibilities to--
                  ``(A) develop metropolitan long-range transportation 
                plans or TIPs for adoption by an MPO; and
                  ``(B) develop long-range capital plans, coordinate 
                public transportation services or projects, or carry 
                out other activities pursuant to State law.
          ``(4) Continuing designation.--A designation of an MPO under 
        this subsection or any other provision of law shall remain in 
        effect until the MPO is redesignated under paragraph (5) or 
        revoked by agreement among the Governor and units of general 
        purpose local government that together represent at least 75 
        percent of the affected population or as otherwise provided 
        under State or local procedures.
          ``(5) Redesignation procedures.--An MPO may be redesignated 
        by agreement between the Governor and units of general purpose 
        local government that together represent at least 75 percent of 
        the existing planning area population (including the largest 
        incorporated city (based on population) as named by the Bureau 
        of the Census) as appropriate to carry out this section.
          ``(6) Designation of multiple mpos.--More than 1 MPO may be 
        designated within an existing metropolitan planning area only 
        if the Governor and the existing MPO determine that the size 
        and complexity of the existing metropolitan planning area make 
        designation of more than 1 MPO for the area appropriate.
  ``(c) Metropolitan Planning Area Boundaries.--
          ``(1) In general.--For the purposes of this section, the 
        boundaries of a metropolitan planning area shall be determined 
        by agreement between the MPO and the Governor.
          ``(2) Included area.--A metropolitan planning area--
                  ``(A) shall encompass at least the existing urbanized 
                area and the contiguous area expected to become 
                urbanized within a 20-year forecast period for the 
                metropolitan long-range transportation plan; and
                  ``(B) may encompass the entire metropolitan 
                statistical area or consolidated metropolitan 
                statistical area, as defined by the Bureau of the 
                Census.
          ``(3) Identification of new urbanized areas within existing 
        planning area boundaries.--The designation by the Bureau of the 
        Census of new urbanized areas within an existing metropolitan 
        planning area shall not require the redesignation of the 
        existing MPO.
          ``(4) Existing metropolitan planning areas in 
        nonattainment.--Notwithstanding paragraph (2), in the case of 
        an urbanized area designated as a nonattainment area for ozone 
        or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et 
        seq.) as of August 10, 2005, the boundaries of the metropolitan 
        planning area in existence as of such date shall be retained, 
        except that the boundaries may be adjusted by agreement of the 
        Governor and affected MPOs in the manner described in 
        subsection (b)(5).
          ``(5) New metropolitan planning areas in nonattainment.--In 
        the case of an urbanized area designated after August 10, 2005, 
        as a nonattainment area for ozone or carbon monoxide, the 
        boundaries of the metropolitan planning area--
                  ``(A) shall be established in the manner described in 
                subsection (b)(1);
                  ``(B) shall encompass the areas described in 
                subsection (c)(2)(A);
                  ``(C) may encompass the areas described in subsection 
                (c)(2)(B); and
                  ``(D) may address any nonattainment area identified 
                under the Clean Air Act for ozone or carbon monoxide.
  ``(d) Coordination in Multistate Areas.--
          ``(1) In general.--The Secretary shall encourage a Governor 
        with responsibility for a portion of a multistate metropolitan 
        area and the appropriate MPOs to provide coordinated 
        transportation planning for the entire metropolitan area.
          ``(2) Interstate compacts.--The consent of Congress is 
        granted to any 2 or more States--
                  ``(A) to enter into agreements or compacts, not in 
                conflict with any law of the United States, for 
                cooperative efforts and mutual assistance in support of 
                activities authorized under this section as the 
                activities pertain to interstate areas and localities 
                within the States; and
                  ``(B) to establish such agencies, joint or otherwise, 
                as the States may determine desirable for making the 
                agreements and compacts effective.
          ``(3) Reservation of rights.--The right to alter, amend, or 
        repeal interstate compacts entered into under this subsection 
        is expressly reserved.
  ``(e) MPO Consultation in Plan and TIP Coordination.--
          ``(1) Nonattainment areas.--If more than 1 MPO has authority 
        within a metropolitan area or an area that is designated as a 
        nonattainment area for ozone or carbon monoxide under the Clean 
        Air Act, each MPO shall consult with the other MPOs designated 
        for such area and the State in the coordination of metropolitan 
        long-range transportation plans and TIPs.
          ``(2) Transportation improvements located in areas 
        represented by multiple mpos.--If a transportation improvement, 
        funded from the Highway Trust Fund or authorized under chapter 
        53 of this title, is located within the boundaries of more than 
        1 metropolitan planning area, the MPOs shall coordinate 
        metropolitan long-range transportation plans and TIPs regarding 
        the transportation improvement.
          ``(3) Relationship with other planning officials.--The 
        Secretary shall encourage an MPO to consult with officials 
        responsible for other types of planning activities that are 
        affected by transportation in the area (including State and 
        local planned growth, economic development, environmental 
        protection, airport operations, and freight movements) or to 
        coordinate its planning process, to the maximum extent 
        practicable, with such planning activities. Under the 
        metropolitan planning process, metropolitan long-range 
        transportation plans and TIPs shall be developed with due 
        consideration of other related planning activities within the 
        metropolitan area, and the process shall provide for the design 
        and delivery of transportation services within the metropolitan 
        area that are provided by--
                  ``(A) recipients of assistance under chapter 53;
                  ``(B) governmental agencies and nonprofit 
                organizations (including representatives of the 
                agencies and organizations) that receive Federal 
                assistance from a source other than the Department of 
                Transportation to provide nonemergency transportation 
                services; and
                  ``(C) recipients of assistance under sections 202 and 
                203 of title 23.
  ``(f) Scope of Planning Process.--
          ``(1) In general.--The metropolitan planning process for a 
        metropolitan planning area under this section shall provide for 
        consideration of projects and strategies that will--
                  ``(A) support the economic vitality of the 
                metropolitan area, especially by enabling global 
                competitiveness, productivity, and efficiency;
                  ``(B) increase the safety of the transportation 
                system for motorized and nonmotorized users;
                  ``(C) increase the security of the transportation 
                system for motorized and nonmotorized users;
                  ``(D) increase the accessibility and mobility of 
                people and for freight;
                  ``(E) protect and enhance the environment, promote 
                energy conservation, improve the quality of life, and 
                promote consistency between transportation improvements 
                and State and local planned growth and economic 
                development patterns;
                  ``(F) enhance the integration and connectivity of the 
                transportation system, across and between modes, for 
                people and freight;
                  ``(G) promote efficient system management and 
                operation, including through the use of intelligent 
                transportation systems;
                  ``(H) emphasize the preservation of the existing 
                transportation system; and
                  ``(I) support intermodal facilities or facilitate 
                regional growth.
          ``(2) Failure to consider factors.--The failure to consider 
        any factor specified in paragraph (1) shall not be reviewable 
        by any court under title 23, chapter 53 of this title, 
        subchapter II of chapter 5 of title 5, or chapter 7 of title 5 
        in any matter affecting a metropolitan long-range 
        transportation plan or TIP, a project or strategy, or the 
        certification of a planning process.
  ``(g) Development of Long-Range Transportation Plan.--
          ``(1) In general.--
                  ``(A) Existing and former nonattainment areas.--An 
                MPO shall prepare and update a metropolitan long-range 
                transportation plan for its metropolitan planning area 
                in accordance with the requirements of this subsection. 
                The MPO shall prepare and update the plan every 4 years 
                (or more frequently, if the MPO elects to update more 
                frequently) in the case of each of the following:
                          ``(i) Any area designated as nonattainment, 
                        as defined in section 107(d) of the Clean Air 
                        Act (42 U.S.C. 7407(d)).
                          ``(ii) Any area that was nonattainment and 
                        subsequently designated to attainment in 
                        accordance with section 107(d)(3) of that Act 
                        (42 U.S.C. 7407(d)(3)) and that is subject to a 
                        maintenance plan under section 175A of that Act 
                        (42 U.S.C. 7505a).
                  ``(B) Other areas.--In the case of any other area 
                required to have a metropolitan long-range 
                transportation plan, the MPO shall prepare and update 
                the plan every 5 years unless the MPO elects to update 
                more frequently.
          ``(2) Long-range transportation plan.--A metropolitan long-
        range transportation plan shall be in a form that the Secretary 
        determines to be appropriate and shall contain, at a minimum, 
        the following:
                  ``(A) Identification of transportation facilities.--
                An identification of transportation facilities 
                (including major roadways, public transportation 
                facilities, intercity bus facilities, multimodal and 
                intermodal facilities, and intermodal connectors) that 
                should function as an integrated metropolitan 
                transportation system, giving emphasis to those 
                facilities that serve important national and regional 
                transportation functions. In formulating the plan, the 
                MPO shall consider factors described in subsection (f) 
                and other relevant data and factors disseminated by the 
                Secretary pursuant to section 5205(b) as such factors 
                relate to a 20-year forecast period.
                  ``(B) Mitigation activities.--
                          ``(i) In general.--A metropolitan long-range 
                        transportation plan shall include a discussion 
                        of types of potential environmental mitigation 
                        activities and potential areas to carry out 
                        these activities, including activities that may 
                        have the greatest potential to restore and 
                        maintain the environmental functions affected 
                        by the plan.
                          ``(ii) Consultation.--The discussion shall be 
                        developed in consultation with Federal, State, 
                        and tribal wildlife, land management, and 
                        regulatory agencies.
                  ``(C) Financial plan.--
                          ``(i) In general.--A financial plan that--
                                  ``(I) demonstrates how the adopted 
                                metropolitan long-range transportation 
                                plan can be implemented;
                                  ``(II) indicates resources from 
                                public and private sources that are 
                                reasonably expected to be made 
                                available to carry out the metropolitan 
                                long-range transportation plan;
                                  ``(III) recommends any additional 
                                financing strategies for needed 
                                projects and programs; and
                                  ``(IV) may include, for illustrative 
                                purposes, additional projects that 
                                would be included in the adopted 
                                metropolitan long-range transportation 
                                plan if reasonable additional resources 
                                beyond those identified in the 
                                financial plan were available.
                          ``(ii) Estimates of funds.--For the purpose 
                        of developing the metropolitan long-range 
                        transportation plan, the MPO, public 
                        transportation operator, and State shall 
                        cooperatively develop estimates of funds that 
                        will be available to support plan 
                        implementation.
                  ``(D) Operational and management strategies.--
                Operational and management strategies to improve the 
                performance of existing transportation facilities to 
                relieve vehicular congestion and maximize the safety 
                and mobility of people and goods.
                  ``(E) Capital investment and other strategies.--
                Capital investment and other strategies to preserve the 
                existing and projected future metropolitan 
                transportation infrastructure and provide for 
                multimodal capacity increases based on regional 
                priorities and needs.
          ``(3) Intercity bus.--A metropolitan long-range 
        transportation plan shall consider the role intercity buses may 
        play in reducing congestion, pollution, and energy consumption 
        in a cost-effective manner and strategies and investments that 
        preserve and enhance intercity bus systems, including systems 
        that are privately owned and operated.
          ``(4) Coordination with clean air act agencies.--In 
        metropolitan areas that are in nonattainment for ozone or 
        carbon monoxide under the Clean Air Act, the MPO shall 
        coordinate the development of a metropolitan long-range 
        transportation plan with the process for development of the 
        transportation control measures of the State implementation 
        plan required by that Act.
          ``(5) Consultation; comparisons.--
                  ``(A) Consultation.--A metropolitan long-range 
                transportation plan shall be developed, as appropriate, 
                in consultation with State and local agencies 
                responsible for land use management, natural resources, 
                environmental protection, conservation, and historic 
                preservation.
                  ``(B) Comparisons.--Consultation under subparagraph 
                (A) shall involve, as appropriate, a comparison of the 
                metropolitan long-range transportation plan--
                          ``(i) to State conservation plans and maps, 
                        if available; and
                          ``(ii) to inventories of natural and historic 
                        resources, if available.
          ``(6) Participation by interested parties.--
                  ``(A) In general.--An MPO shall provide citizens, 
                affected public agencies, representatives of public 
                transportation employees, freight shippers, providers 
                of freight transportation services, private providers 
                of transportation, including intercity bus services, 
                representatives of users of public transportation, 
                representatives of users of pedestrian walkways and 
                bicycle transportation facilities, representatives of 
                the disabled, and other interested parties with a 
                reasonable opportunity to comment on its metropolitan 
                long-range transportation plan.
                  ``(B) Contents of participation plan.--A 
                participation plan shall--
                          ``(i) be developed in consultation with all 
                        interested parties; and
                          ``(ii) provide that all interested parties 
                        have reasonable opportunities to comment on the 
                        contents of the metropolitan long-range 
                        transportation plan.
                  ``(C) Methods.--In carrying out subparagraph (A), the 
                MPO shall, to the maximum extent practicable--
                          ``(i) hold any public meetings at convenient 
                        and accessible locations and times;
                          ``(ii) employ visualization techniques to 
                        describe plans; and
                          ``(iii) make public information available in 
                        electronically accessible format and means, 
                        such as the Internet, as appropriate to afford 
                        a reasonable opportunity for consideration of 
                        public information under subparagraph (A).
          ``(7) Publication.--A metropolitan long-range transportation 
        plan involving Federal participation shall be published or 
        otherwise made readily available by the MPO for public review 
        (including to the maximum extent practicable in electronically 
        accessible formats and means, such as the Internet) approved by 
        the MPO, and submitted for information purposes to the 
        Governor, at such times and in such manner as the Secretary 
        shall establish.
          ``(8) Selection of projects from illustrative list.--
        Notwithstanding paragraph (2)(C), a State or MPO shall not be 
        required to select any project from the illustrative list of 
        additional projects included in the financial plan under such 
        paragraph.
  ``(h) Metropolitan TIP.--
          ``(1) Development.--
                  ``(A) In general.--In cooperation with the State and 
                any affected public transportation operator, the MPO 
                designated for a metropolitan area shall develop a 
                metropolitan TIP for the area for which the 
                organization is designated.
                  ``(B) Opportunity for comment.--In developing the 
                metropolitan TIP, the MPO, in cooperation with the 
                State and any affected public transportation operator, 
                shall provide an opportunity for participation by 
                interested parties in the development of the program, 
                in accordance with subsection (g)(6).
                  ``(C) Funding estimates.--For the purpose of 
                developing the metropolitan TIP, the MPO, public 
                transportation agency, and State shall cooperatively 
                develop estimates of funds that are reasonably expected 
                to be available to support program implementation.
                  ``(D) Updating and approval.--The metropolitan TIP 
                shall be updated at least once every 4 years and shall 
                be approved by the MPO and the Governor.
          ``(2) Contents.--
                  ``(A) Priority list.--The metropolitan TIP shall 
                include a priority list of proposed federally supported 
                projects and strategies to be carried out within each 
                4-year period after the initial adoption of the 
                metropolitan TIP.
                  ``(B) Financial plan.--The metropolitan TIP shall 
                include a financial plan that--
                          ``(i) demonstrates how the metropolitan TIP 
                        can be implemented;
                          ``(ii) indicates resources from public and 
                        private sources that are reasonably expected to 
                        be available to carry out the metropolitan TIP;
                          ``(iii) identifies innovative financing 
                        techniques to finance projects, programs, and 
                        strategies; and
                          ``(iv) may include, for illustrative 
                        purposes, additional projects that would be 
                        included in the approved metropolitan TIP if 
                        reasonable additional resources beyond those 
                        identified in the financial plan were 
                        available.
                  ``(C) Descriptions.--A project in the metropolitan 
                TIP shall include sufficient descriptive material (such 
                as type of work, termini, length, and other similar 
                factors) to identify the project or phase of the 
                project.
          ``(3) Included projects.--
                  ``(A) Projects under title 23 and chapter 53 of this 
                title.--A metropolitan TIP for an area shall include 
                the projects within the area that are proposed for 
                funding under chapter 1 of title 23 and chapter 53 of 
                this title.
                  ``(B) Projects under chapter 2 of title 23.--
                          ``(i) Regionally significant projects.--
                        Regionally significant projects proposed for 
                        funding under chapter 2 of title 23 shall be 
                        identified individually in the metropolitan 
                        TIP.
                          ``(ii) Other projects.--Projects proposed for 
                        funding under such chapter that are not 
                        determined to be regionally significant shall 
                        be grouped in one line item or identified 
                        individually in the metropolitan TIP.
                  ``(C) Consistency with long-range transportation 
                plan.--A project shall be consistent with the 
                metropolitan long-range transportation plan for the 
                area.
                  ``(D) Requirement of anticipated full funding.--The 
                program shall include a project, or the identified 
                phase of a project, only if full funding can reasonably 
                be anticipated to be available for the project or the 
                identified phase within the time period contemplated 
                for completion of the project or the identified phase.
                  ``(E) TIP modifications by governor.--
                          ``(i) In general.--Notwithstanding any other 
                        provisions of this section or section 5204, if 
                        a State and an MPO fail to agree on programming 
                        a project of statewide significance on the 
                        Interstate System (as defined in section 101(a) 
                        of title 23) into a metropolitan TIP, the 
                        Governor may modify the metropolitan TIP to add 
                        the project without approval or endorsement by 
                        the MPO.
                          ``(ii) Conforming amendments to metropolitan 
                        long-range transportation plan.--If the 
                        Governor modifies a metropolitan TIP under 
                        clause (i), the MPO shall amend its 
                        metropolitan long-range transportation plan to 
                        be consistent with the modified metropolitan 
                        TIP.
          ``(4) Notice and comment.--Before approving a metropolitan 
        TIP, an MPO, in cooperation with the State and any affected 
        public transportation operator, shall provide an opportunity 
        for participation by interested parties in the development of 
        the program, in accordance with subsection (g)(5).
          ``(5) Selection of projects.--
                  ``(A) In general.--Except as otherwise provided in 
                subsection (i)(4) and in addition to the metropolitan 
                TIP development required under paragraph (1), the 
                selection of federally funded projects in metropolitan 
                areas shall be carried out from the approved 
                metropolitan TIP--
                          ``(i) by--
                                  ``(I) in the case of projects under 
                                title 23, the State; and
                                  ``(II) in the case of projects under 
                                chapter 53, the designated recipients 
                                of public transportation funding; and
                          ``(ii) in cooperation with the MPO.
                  ``(B) Modifications to project priority.--
                Notwithstanding any other provision of law, action by 
                the Secretary shall not be required to advance a 
                project included in the approved metropolitan TIP in 
                place of another project in the program.
          ``(6) Selection of projects from illustrative list.--
                  ``(A) No required selection.--Notwithstanding 
                paragraph (2)(B)(iv), a State or MPO shall not be 
                required to select any project from the illustrative 
                list of additional projects included in the financial 
                plan under paragraph (2)(B)(iv).
                  ``(B) Required action by the secretary.--Action by 
                the Secretary shall be required for a State or MPO to 
                select any project from the illustrative list of 
                additional projects included in the financial plan 
                under paragraph (2)(B)(iv) for inclusion in an approved 
                metropolitan TIP.
          ``(7) Publication.--
                  ``(A) Publication of tips.--A metropolitan TIP 
                involving Federal participation shall be published or 
                otherwise made readily available, including on the 
                Internet, by the MPO for public review.
                  ``(B) Publication of annual listings of projects.--An 
                annual listing of projects (including investments in 
                pedestrian walkways, bicycle transportation facilities, 
                and intermodal facilities that support intercity 
                transportation) for which Federal funds have been 
                obligated in the preceding year shall be published or 
                otherwise made available, including on the Internet, by 
                the cooperative effort of the State, public 
                transportation operator, and MPO for public review. The 
                listing shall be consistent with the categories 
                identified in the metropolitan TIP.
  ``(i) Transportation Management Areas.--
          ``(1) Identification and designation.--
                  ``(A) Required identification.--The Secretary shall 
                identify as a transportation management area each 
                urbanized area (as defined by the Bureau of the Census) 
                with a population of over 200,000 individuals.
                  ``(B) Designations on request.--The Secretary shall 
                designate any additional area as a transportation 
                management area on the request of the Governor and the 
                MPO designated for the area.
          ``(2) Long-range transportation plans.--In a transportation 
        management area, metropolitan long-range transportation plans 
        shall be based on a continuing and comprehensive transportation 
        planning process carried out by the MPO in cooperation with the 
        State and public transportation operators.
          ``(3) Congestion management process.--Within a metropolitan 
        planning area serving a transportation management area, the 
        transportation planning process under this section shall 
        address congestion management through a process that provides 
        for effective management and operation, based on a 
        cooperatively developed and implemented metropolitan-wide 
        strategy, of new and existing transportation facilities 
        eligible for funding under title 23 and chapter 53 of this 
        title through the use of travel demand reduction, intelligent 
        transportation systems, and operational management strategies. 
        The Secretary shall establish an appropriate phase-in schedule 
        for compliance with the requirements of this section but not 
        sooner than 1 year after the identification of a transportation 
        management area.
          ``(4) Selection of projects.--
                  ``(A) In general.--All federally funded projects 
                carried out within the boundaries of a metropolitan 
                planning area serving a transportation management area 
                under title 23 (excluding projects carried out on the 
                National Highway System under such title) or under 
                chapter 53 of this title shall be selected for 
                implementation from the approved metropolitan TIP by 
                the MPO designated for the area in consultation with 
                the State and any affected public transportation 
                operator.
                  ``(B) National highway system projects.--Projects 
                carried out within the boundaries of a metropolitan 
                planning area serving a transportation management area 
                on the National Highway System under title 23 shall be 
                selected for implementation from the approved 
                metropolitan TIP by the State in cooperation with the 
                MPO designated for the area.
          ``(5) Certification.--
                  ``(A) In general.--The Secretary shall--
                          ``(i) ensure that the metropolitan planning 
                        process of an MPO serving a transportation 
                        management area is being carried out in 
                        accordance with applicable provisions of 
                        Federal law; and
                          ``(ii) subject to subparagraph (B), certify, 
                        not less often than once every 4 years, that 
                        the requirements of this paragraph are met with 
                        respect to the metropolitan planning process.
                  ``(B) Requirements for certification.--The Secretary 
                may make the certification under subparagraph (A) if--
                          ``(i) the transportation planning process 
                        complies with the requirements of this section 
                        and other applicable requirements of Federal 
                        law; and
                          ``(ii) there is a metropolitan TIP for the 
                        metropolitan planning area that has been 
                        approved by the MPO and the Governor.
                  ``(C) Effect of failure to certify.--
                          ``(i) Withholding of project funds.--If the 
                        metropolitan planning process of an MPO serving 
                        a transportation management area is not 
                        certified, the Secretary may withhold up to 20 
                        percent of the funds attributable to the 
                        metropolitan planning area of the MPO for 
                        projects funded under title 23 and chapter 53 
                        of this title.
                          ``(ii) Restoration of withheld funds.--The 
                        withheld funds shall be restored to the 
                        metropolitan planning area at such time as the 
                        metropolitan planning process is certified by 
                        the Secretary.
                  ``(D) Review of certification.--In making 
                certification determinations under this paragraph, the 
                Secretary shall provide for public involvement 
                appropriate to the metropolitan area under review.
  ``(j) Abbreviated Plans for Certain Areas.--
          ``(1) In general.--Subject to paragraph (2), in the case of a 
        metropolitan area not designated as a transportation management 
        area under this section, the Secretary may provide for the 
        development of an abbreviated metropolitan long-range 
        transportation plan and TIP for the metropolitan planning area 
        that the Secretary determines is appropriate to achieve the 
        purposes of this section, taking into account the complexity of 
        transportation problems in the area.
          ``(2) Nonattainment areas.--The Secretary may not permit 
        abbreviated plans or TIPs for a metropolitan area that is in 
        nonattainment for ozone or carbon monoxide under the Clean Air 
        Act.
  ``(k) Additional Requirements for Certain Nonattainment Areas.--
          ``(1) In general.--Notwithstanding any other provision of 
        title 23, this chapter, or chapter 53 of this title, for 
        transportation management areas classified as nonattainment for 
        ozone or carbon monoxide pursuant to the Clean Air Act, Federal 
        funds may not be advanced in such area for any highway project 
        that will result in a significant increase in the carrying 
        capacity for single-occupant vehicles unless the project is 
        addressed through a congestion management process.
          ``(2) Applicability.--This subsection applies to a 
        nonattainment area within the metropolitan planning area 
        boundaries determined under subsection (c).
  ``(l) Limitation on Statutory Construction.--Nothing in this section 
may be construed to confer on an MPO the authority to impose legal 
requirements on any transportation facility, provider, or project not 
eligible under title 23 or chapter 53 of this title.
  ``(m) Funding.--Funds set aside under section 104(f) of title 23 or 
section 5305(g) of this title shall be available to carry out this 
section.
  ``(n) Continuation of Current Review Practice.--Since metropolitan 
long-range transportation plans and TIPs are subject to a reasonable 
opportunity for public comment, since individual projects included in 
such plans and TIPs are subject to review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since 
decisions by the Secretary concerning such plans and TIPs have not been 
reviewed under that Act as of January 1, 1997, any decision by the 
Secretary concerning such plans and TIPs shall not be considered to be 
a Federal action subject to review under that Act.

``Sec. 5204. Statewide transportation planning

  ``(a) General Requirements.--
          ``(1) Development of plans and programs.--To accomplish the 
        objectives stated in section 5201, a State shall develop a 
        statewide strategic long-range transportation plan and a 
        statewide transportation improvement program for all areas of 
        the State, subject to section 5203.
          ``(2) Contents.--Statewide strategic long-range 
        transportation plans and TIPs shall provide for the development 
        and integrated management and operation of transportation 
        systems and facilities (including accessible pedestrian 
        walkways, bicycle transportation facilities, and intermodal 
        facilities that support intercity transportation, including 
        intercity buses and intercity bus facilities) that will 
        function as an intermodal transportation system for the State 
        and an integral part of an intermodal transportation system for 
        the United States.
          ``(3) Process of development.--The process for developing 
        statewide strategic long-range transportation plans and TIPs 
        shall provide for consideration of all modes of transportation 
        and the policies stated in section 5201, and shall be 
        continuing, cooperative, and comprehensive to the degree 
        appropriate, based on the complexity of the transportation 
        problems to be addressed.
  ``(b) Coordination With Metropolitan Planning; State Implementation 
Plan.--A State shall--
          ``(1) coordinate planning carried out under this section with 
        the transportation planning activities carried out under 
        section 5203 for metropolitan areas of the State and with 
        statewide trade and economic development planning activities 
        and related multistate planning efforts; and
          ``(2) develop the transportation portion of the State 
        implementation plan as required by the Clean Air Act (42 U.S.C. 
        7401 et seq.).
  ``(c) Interstate Agreements.--
          ``(1) In general.--The consent of Congress is granted to 2 or 
        more States entering into agreements or compacts, not in 
        conflict with any law of the United States, for cooperative 
        efforts and mutual assistance in support of activities 
        authorized under this section related to interstate areas and 
        localities in the States and establishing authorities the 
        States consider desirable for making the agreements and 
        compacts effective.
          ``(2) Reservation of rights.--The right to alter, amend, or 
        repeal interstate compacts entered into under this subsection 
        is expressly reserved.
  ``(d) Scope of Planning Process.--
          ``(1) In general.--A State shall carry out a statewide 
        transportation planning process that provides for consideration 
        and implementation of projects, strategies, and services that 
        will--
                  ``(A) support the economic vitality of the United 
                States, the States, nonmetropolitan areas, and 
                metropolitan areas, especially by enabling global 
                competitiveness, productivity, and efficiency;
                  ``(B) increase the safety of the transportation 
                system for motorized and nonmotorized users;
                  ``(C) increase the security of the transportation 
                system for motorized and nonmotorized users;
                  ``(D) increase the accessibility and mobility of 
                people and freight;
                  ``(E) protect and enhance the environment, promote 
                energy conservation, improve the quality of life, and 
                promote consistency between transportation improvements 
                and State and local planned growth and economic 
                development patterns;
                  ``(F) enhance the integration and connectivity of the 
                transportation system, across and between modes 
                throughout the State, for people and freight;
                  ``(G) promote efficient system management and 
                operation, including through the use of intelligent 
                transportation systems; and
                  ``(H) emphasize the preservation of the existing 
                transportation system.
          ``(2) Failure to consider factors.--The failure to consider 
        any factor specified in paragraph (1) shall not be reviewable 
        by any court under title 23, chapter 53 of this title, 
        subchapter II of chapter 5 of title 5, or chapter 7 of title 5 
        in any matter affecting a statewide strategic long-range 
        transportation plan or TIP, a project or strategy, or the 
        certification of a planning process.
  ``(e) Additional Requirements.--In carrying out planning under this 
section, a State shall, at a minimum--
          ``(1) with respect to nonmetropolitan areas, cooperate with 
        affected nonmetropolitan local officials or, if applicable, 
        through regional transportation planning organizations 
        described in subsection (k);
          ``(2) consider the concerns of Indian tribal governments and 
        Federal land management agencies that have jurisdiction over 
        land within the boundaries of the State; and
          ``(3) coordinate statewide long-range transportation plans 
        and TIPs and planning activities with related planning 
        activities being carried out outside of metropolitan planning 
        areas and between States.
  ``(f) Statewide Strategic Long-Range Transportation Plan.--
          ``(1) Development.--
                  ``(A) In general.--A State shall develop a statewide 
                strategic long-range transportation plan, with a 
                minimum 20-year forecast period for all areas of the 
                State, that provides for the development and 
                implementation of the intermodal interconnected 
                transportation system of the State.
                  ``(B) Statewide strategic long-range transportation 
                plan requirements.--
                          ``(i) National transportation statistics.--In 
                        developing a statewide strategic long-range 
                        transportation plan, the State shall consider 
                        the data and factors disseminated by the 
                        Secretary pursuant to section 5205(b) for that 
                        particular State.
                          ``(ii) Transportation projects that are of 
                        statewide, regional, and national importance.--
                        The State shall identify transportation 
                        projects across all modes of transportation in 
                        the State that have statewide, regional, and 
                        national significance. In identifying these 
                        projects, the State shall consider the factors 
                        described in section 5205(b).
                          ``(iii) States with congested airports.--If a 
                        State has an airport in its jurisdiction that 
                        had at least 1 percent of all delayed aircraft 
                        operations in the United States, as identified 
                        by the Federal Aviation Administration's 
                        Airport Capacity Benchmark Report, the 
                        statewide strategic long-range transportation 
                        plan shall include measures to alleviate 
                        congestion at that airport either through 
                        expansion or the development of additional 
                        facilities.
                          ``(iv) States with congested freight rail 
                        corridors.--If data from the Department of 
                        Transportation and the freight railroad 
                        industry project that a State has freight 
                        railroad corridors that operate at levels of 
                        service that are at or exceed capacity, the 
                        statewide strategic long-range transportation 
                        plan shall include measures by which the State 
                        department of transportation and the freight 
                        railroads provide relief for the congested 
                        corridors.
                          ``(v) States with deep draft ports.--If a 
                        State has a deep draft port, the statewide 
                        strategic long-range transportation plan shall 
                        take into account any plan for expansion at 
                        that port and any projected increase in 
                        shipping traffic at that port.
                          ``(vi) States with navigable inland 
                        waterways.--A State that has navigable inland 
                        waterways shall include in its statewide 
                        strategic long-range transportation plan any 
                        plans to use those waterways to facilitate the 
                        efficient and reliable transportation of 
                        freight and people.
                          ``(vii) Project interconnectivity.--In 
                        developing a statewide strategic long-range 
                        transportation plan, the State shall ensure 
                        interconnectivity for freight and passengers 
                        between different facilities and between 
                        different modes of transportation.
                          ``(viii) Cost estimates for projects that are 
                        of statewide, regional, and national 
                        importance.--In developing the statewide 
                        strategic long-range transportation plan, the 
                        State shall include estimates of the costs of 
                        each of the projects identified in clause (ii).
          ``(2) Consultation with governments.--
                  ``(A) Metropolitan areas.--The statewide strategic 
                long-range transportation plan shall be developed for 
                each metropolitan area in the State in cooperation with 
                the metropolitan planning organization designated for 
                the metropolitan area under section 5203.
                  ``(B) Nonmetropolitan areas.--With respect to 
                nonmetropolitan areas, the statewide strategic long-
                range transportation plan shall be developed in 
                cooperation with affected nonmetropolitan local 
                officials or, if applicable, through regional 
                transportation planning organizations described in 
                subsection (k).
                  ``(C) Indian tribal areas.--With respect to an area 
                of the State under the jurisdiction of an Indian tribal 
                government, the statewide strategic long-range 
                transportation plan shall be developed in consultation 
                with the tribal government and the Secretary of the 
                Interior.
                  ``(D) Consultation; comparisons.--
                          ``(i) Consultation.--A statewide strategic 
                        long-range transportation plan shall be 
                        developed, as appropriate, in consultation with 
                        State, tribal, regional, and local agencies 
                        responsible for land use management, natural 
                        resources, environmental protection, 
                        conservation, and historic preservation.
                          ``(ii) Comparisons.--Consultation under 
                        clause (i) shall involve, as appropriate, 
                        comparison of statewide strategic long-range 
                        transportation plans--
                                  ``(I) to State and tribal 
                                conservation plans and maps, if 
                                available; and
                                  ``(II) to inventories of natural and 
                                historic resources, if available.
          ``(3) Participation by interested parties.--
                  ``(A) In general.--The State shall provide citizens, 
                affected public agencies, representatives of public 
                transportation employees, freight shippers, providers 
                of freight transportation services, private providers 
                of transportation, including intercity bus services, 
                representatives of users of public transportation, 
                representatives of users of pedestrian walkways and 
                bicycle transportation facilities, representatives of 
                the disabled, and other interested parties with a 
                reasonable opportunity to comment on the statewide 
                strategic long-range transportation plan.
                  ``(B) Methods.--In carrying out subparagraph (A), the 
                State shall, to the maximum extent practicable--
                          ``(i) hold any public meetings at convenient 
                        and accessible locations and times;
                          ``(ii) employ visualization techniques to 
                        describe plans; and
                          ``(iii) make public information available in 
                        electronically accessible format and means, 
                        such as the Internet, as appropriate to afford 
                        a reasonable opportunity for consideration of 
                        public information under subparagraph (A).
          ``(4) Mitigation activities.--
                  ``(A) In general.--A statewide strategic long-range 
                transportation plan shall include a discussion of 
                potential environmental mitigation activities and 
                potential areas to carry out these activities, 
                including activities that may have the greatest 
                potential to restore and maintain the environmental 
                functions affected by the plan.
                  ``(B) Consultation.--The discussion shall be 
                developed in consultation with Federal, State, and 
                tribal wildlife, land management, and regulatory 
                agencies.
          ``(5) Financial plan.--The statewide strategic long-range 
        transportation plan may include a financial plan that--
                  ``(A) demonstrates how the adopted statewide 
                strategic long-range transportation plan can be 
                implemented;
                  ``(B) indicates resources from public and private 
                sources that are reasonably expected to be made 
                available to carry out the statewide strategic long-
                range transportation plan;
                  ``(C) recommends any additional financing strategies 
                for needed projects and programs; and
                  ``(D) may include, for illustrative purposes, 
                additional projects that would be included in the 
                adopted statewide strategic long-range transportation 
                plan if reasonable additional resources beyond those 
                identified in the financial plan were available.
          ``(6) Selection of projects from illustrative list.--A State 
        shall not be required to select any project from the 
        illustrative list of additional projects included in the 
        financial plan described in paragraph (5).
          ``(7) Existing system.--A statewide strategic long-range 
        transportation plan should include capital, operations, and 
        management strategies, investments, procedures, and other 
        measures to ensure the preservation and most efficient use of 
        the existing transportation system.
          ``(8) Intercity bus.--A statewide strategic long-range 
        transportation plan shall consider the role intercity buses may 
        play in reducing congestion, pollution, and energy consumption 
        in a cost-effective manner and strategies and investments that 
        preserve and enhance intercity bus systems, including systems 
        that are privately owned and operated.
          ``(9) Publication of statewide strategic long-range 
        transportation plans.--A statewide strategic long-range 
        transportation plan prepared by a State shall be published or 
        otherwise made available, including to the maximum extent 
        practicable in electronically accessible formats and means, 
        such as the Internet.
  ``(g) Statewide TIP.--
          ``(1) Development.--A State shall develop a statewide TIP for 
        all areas of the State. Such program shall cover a period of 4 
        years and be updated every 4 years or more frequently if the 
        Governor elects to update more frequently.
          ``(2) Consultation with governments.--
                  ``(A) Metropolitan areas.--With respect to a 
                metropolitan area in the State, the program shall be 
                developed in cooperation with the MPO designated for 
                the metropolitan area under section 5203.
                  ``(B) Nonmetropolitan areas.--With respect to a 
                nonmetropolitan area in the State, the program shall be 
                developed in cooperation with affected nonmetropolitan 
                local officials or, if applicable, through regional 
                transportation planning organizations described in 
                subsection (k).
                  ``(C) Indian tribal areas.--With respect to an area 
                of the State under the jurisdiction of an Indian tribal 
                government, the program shall be developed in 
                consultation with the tribal government and the 
                Secretary of the Interior.
          ``(3) Participation by interested parties.--In developing the 
        program, the State shall provide citizens, affected public 
        agencies, representatives of public transportation employees, 
        freight shippers, private providers of transportation, 
        providers of freight transportation services, representatives 
        of users of public transportation, representatives of users of 
        pedestrian walkways and bicycle transportation facilities, 
        representatives of the disabled, and other interested parties 
        with a reasonable opportunity to comment on the proposed 
        program.
          ``(4) Included projects.--
                  ``(A) In general.--A statewide TIP developed for a 
                State shall include federally supported surface 
                transportation expenditures within the boundaries of 
                the State.
                  ``(B) Listing of projects.--An annual listing of 
                projects for which funds have been obligated in the 
                preceding year in each metropolitan planning area shall 
                be published or otherwise made available by the 
                cooperative effort of the State, public transportation 
                operator, and the MPO for public review. The listing 
                shall be consistent with the funding categories 
                identified in each metropolitan TIP.
                  ``(C) Projects under chapter 2 of title 23.--
                          ``(i) Regionally significant projects.--
                        Regionally significant projects proposed for 
                        funding under chapter 2 of title 23 shall be 
                        identified individually in the statewide TIP.
                          ``(ii) Other projects.--Projects proposed for 
                        funding under such chapter that are not 
                        determined to be regionally significant shall 
                        be grouped in one line item or identified 
                        individually in the statewide TIP.
                  ``(D) Consistency with statewide strategic long-range 
                transportation plan.--A project shall be--
                          ``(i) consistent with the statewide strategic 
                        long-range transportation plan developed under 
                        this section for the State;
                          ``(ii) identical to the project or phase of 
                        the project as described in an approved 
                        metropolitan long-range transportation plan;
                          ``(iii) identical to the project or phase of 
                        the project as described in a metropolitan TIP 
                        approved by the Governor; and
                          ``(iv) in conformance with the applicable 
                        State air quality implementation plan developed 
                        under the Clean Air Act, if the project is 
                        carried out in an area designated as 
                        nonattainment for ozone, particulate matter, or 
                        carbon monoxide under that Act.
                  ``(E) Requirement of anticipated full funding.--The 
                statewide TIP shall include a project, or the 
                identified phase of a project, only if full funding can 
                reasonably be anticipated to be available for the 
                project or the identified phase within the time period 
                contemplated for completion of the project or the 
                identified phase.
                  ``(F) Financial plan.--The statewide TIP may include 
                a financial plan that--
                          ``(i) demonstrates how the approved statewide 
                        TIP can be implemented;
                          ``(ii) indicates resources from public and 
                        private sources that are reasonably expected to 
                        be made available to carry out the statewide 
                        TIP;
                          ``(iii) recommends any additional financing 
                        strategies for needed projects and programs; 
                        and
                          ``(iv) may include, for illustrative 
                        purposes, additional projects that would be 
                        included in the adopted statewide TIP if 
                        reasonable additional resources beyond those 
                        identified in the financial plan were 
                        available.
                  ``(G) Selection of projects from illustrative list.--
                          ``(i) No required selection.--Notwithstanding 
                        subparagraph (F), a State shall not be required 
                        to select any project from the illustrative 
                        list of additional projects included in the 
                        financial plan under subparagraph (F).
                          ``(ii) Required action by the secretary.--An 
                        action by the Secretary shall be required for a 
                        State to select any project from the 
                        illustrative list of additional projects 
                        included in the financial plan under 
                        subparagraph (F) for inclusion in an approved 
                        statewide TIP.
                  ``(H) Priorities.--The statewide TIP shall reflect 
                the priorities for programming and expenditures of 
                funds required by title 23, this chapter, and chapter 
                53 of this title.
          ``(5) Project selection for areas without mpos.--
                  ``(A) In general.--Except as provided by subparagraph 
                (B), projects carried out in areas without a designated 
                MPO shall be selected from the approved statewide TIP 
                by the State in cooperation with affected 
                nonmetropolitan local officials or, if applicable, 
                through regional transportation planning organizations 
                described in subsection (k).
                  ``(B) NHS projects.--Projects carried out on the 
                National Highway System under title 23 or under 
                sections 5311 and 5317 of this title in areas without a 
                designated MPO shall be selected from the approved 
                statewide TIP by the State in consultation with 
                affected nonmetropolitan local officials.
          ``(6) TIP approval.--Every 4 years, a statewide TIP shall be 
        reviewed and approved by the Secretary if based on a current 
        planning finding.
          ``(7) Planning finding.--A finding shall be made by the 
        Secretary at least once every 4 years that the transportation 
        planning process through which statewide strategic long-range 
        transportation plans and TIPs are developed is consistent with 
        this section and section 5203.
          ``(8) Modifications to project priority.--Notwithstanding any 
        other provision of law, action by the Secretary shall not be 
        required to advance a project included in the approved 
        statewide TIP in place of another project in the program.
  ``(h) Funding.--Funds set aside pursuant to sections 104(f) and 505 
of title 23 and section 5305(g) of this title shall be available to 
carry out this section.
  ``(i) Treatment of Certain State Laws as Congestion Management 
Processes.--For purposes of this section and section 5203, State laws, 
rules, or regulations pertaining to congestion management systems or 
programs may constitute the congestion management process under this 
section and section 5203 if the Secretary finds that the State laws, 
rules, or regulations are consistent with, and fulfill the intent of, 
the purposes of this section and section 5203, as appropriate.
  ``(j) Continuation of Current Review Practice.--Since statewide 
strategic long-range transportation plans and TIPs are subject to a 
reasonable opportunity for public comment, individual projects included 
in such plans and TIPs are subject to review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and 
decisions by the Secretary concerning such plans and TIPs have not been 
reviewed under that Act as of January 1, 1997, any decision by the 
Secretary concerning such plans and TIPS shall not be considered to be 
a Federal action subject to review under that Act.
  ``(k) Designation of Regional Transportation Planning 
Organizations.--
          ``(1) In general.--To carry out the transportation planning 
        process required by this section, a State may establish and 
        designate regional transportation planning organizations to 
        enhance the planning, coordination, and implementation of 
        statewide strategic long-range transportation plans and TIPs, 
        with an emphasis on addressing the needs of nonmetropolitan 
        areas of the State.
          ``(2) Structure.--A regional transportation planning 
        organization shall be established as a multi-jurisdictional 
        organization of volunteers from nonmetropolitan local officials 
        or their designees and representatives of local transportation 
        systems.
          ``(3) Requirements.--A regional transportation planning 
        organization shall establish, at a minimum--
                  ``(A) a policy committee, the majority of which shall 
                consist of nonmetropolitan local officials, or their 
                designees, and which shall also include, as 
                appropriate, additional representatives from the State, 
                private business, transportation service providers, 
                economic development practitioners, and the public in 
                the region; and
                  ``(B) a fiscal and administrative agent, such as an 
                existing regional planning and development 
                organization, to provide professional planning, 
                management, and administrative support.
          ``(4) Duties.--The duties of a regional transportation 
        planning organization shall include--
                  ``(A) developing and maintaining, in cooperation with 
                the State, regional long-range multimodal 
                transportation plans;
                  ``(B) developing a regional transportation 
                improvement program for consideration by the State;
                  ``(C) fostering the coordination of local planning, 
                land use, and economic development plans with State, 
                regional, and local transportation plans and programs;
                  ``(D) providing technical assistance to local 
                officials;
                  ``(E) participating in national, multistate, and 
                State policy and planning development processes to 
                ensure the regional and local input of nonmetropolitan 
                areas;
                  ``(F) providing a forum for public participation in 
                the statewide and regional transportation planning 
                processes;
                  ``(G) considering and sharing plans and programs with 
                neighboring regional transportation planning 
                organizations, MPOs, and, where appropriate, tribal 
                organizations; and
                  ``(H) conducting other duties, as necessary, to 
                support and enhance the statewide planning process 
                under subsection (d).
          ``(5) States without regional transportation planning 
        organizations.--If a State chooses not to establish or 
        designate a regional transportation planning organization, the 
        State shall consult with affected nonmetropolitan local 
        officials to determine projects that may be of regional 
        significance.

``Sec. 5205. National strategic transportation plan

  ``(a) Development of National Strategic Transportation Plan.--
          ``(1) Development of plan.--
                  ``(A) In general.--The Secretary, in consultation 
                with State departments of transportation, shall develop 
                a national strategic transportation plan (in this 
                section referred to as the `national plan') in 
                accordance with the requirements of this section.
                  ``(B) Solicitation.--Not later than 30 days after the 
                date of enactment of this section, the Secretary shall 
                publish in the Federal Register a solicitation 
                requesting each State department of transportation to 
                submit to the Secretary, not later than 90 days after 
                such date of enactment, a list of projects that the 
                State recommends for inclusion in the national plan.
                  ``(C) State selection of projects.--In selecting 
                projects under subparagraph (B), a State department of 
                transportation shall consider the elements of the 
                national plan described in paragraph (2).
                  ``(D) Failure to submit recommendations.--If a State 
                does not submit a list of recommended projects in 
                accordance with this paragraph, the Secretary shall 
                select projects in the State that will be considered 
                for inclusion in the national plan.
                  ``(E) Selection of projects.--Not later than 60 days 
                after the date on which the Secretary receives a list 
                of recommended projects from a State department of 
                transportation under this paragraph, the Secretary 
                shall review the list and select projects from the list 
                for inclusion in the national plan.
                  ``(F) Basis for selection.--In selecting projects for 
                inclusion in the national plan, the Secretary shall 
                consider, at a minimum--
                          ``(i) the projects recommended by State 
                        departments of transportation under this 
                        paragraph;
                          ``(ii) the ability of projects to improve 
                        mobility by increasing transportation options 
                        for passengers and freight;
                          ``(iii) the degree to which projects create 
                        intermodal links between different modes of 
                        transportation, including passenger and freight 
                        rail, public transportation, intercity bus, 
                        airports, seaports, and navigable inland 
                        waterways; and
                          ``(iv) the ability of projects to generate 
                        national economic benefits, including--
                                  ``(I) improvements to economic 
                                productivity through congestion relief; 
                                and
                                  ``(II) improvements to passenger and 
                                freight movement.
          ``(2) Elements of national plan.--
                  ``(A) Role of statewide strategic long-range 
                transportation plans.--The national plan shall be 
                modeled after the statewide strategic long-range 
                transportation plans developed under section 5204(f).
                  ``(B) National and regional transportation 
                projects.--Giving emphasis to the facilities that serve 
                important national and regional transportation 
                functions, the national plan shall include an 
                identification of transportation projects (including 
                major roadways, public transportation facilities, 
                intercity bus facilities, multimodal and intermodal 
                facilities, and intermodal connectors) that facilitate 
                the development of--
                          ``(i) a national transportation system; and
                          ``(ii) an integrated regional transportation 
                        system.
                  ``(C) Interconnectivity between states and regions.--
                The national plan shall ensure a level of 
                interconnectivity among transportation facilities and 
                strategies at State and regional borders.
                  ``(D) Identification of potential high-speed 
                intercity rail corridors and shipping routes.--In 
                developing the national plan, the Secretary, in 
                consultation with State departments of transportation, 
                shall identify potential high-speed passenger rail 
                projects and potential short seas shipping routes.
                  ``(E) Intercity bus network.--The national plan shall 
                identify projects to preserve and expand the Nation's 
                intercity bus network and provide interconnectivity to 
                other forms of intercity and local transportation.
                  ``(F) Aerotropolis transportation systems.--The 
                national plan shall identify aerotropolis 
                transportation systems that will enhance economic 
                competitiveness and exports in the United States by 
                providing efficient, cost-effective, sustainable, and 
                intermodal connectivity to a defined region of economic 
                significance for freight and passenger transportation.
                  ``(G) Cost estimates for projects.--In developing the 
                national plan, the Secretary shall include estimates of 
                the costs of each of the projects and strategies 
                identified in the national plan and a total cost of all 
                of the projects and strategies identified in the 
                national plan.
          ``(3) Issuance and updating of national plan.--
                  ``(A) Issuance.--Not later than April 30, 2014, the 
                Secretary shall submit to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Environment and 
                Public Works, the Committee on Banking, Housing, and 
                Urban Affairs, and the Committee on Commerce, Science, 
                and Transportation of the Senate the national plan 
                developed under this section.
                  ``(B) Updates.--At least once every 2 years after the 
                date of submission of the national plan under 
                subparagraph (A), the Secretary--
                          ``(i) in consultation with State departments 
                        of transportation, shall update the national 
                        plan; and
                          ``(ii) shall submit the updated national plan 
                        to the committees referred to in subparagraph 
                        (A).
  ``(b) Dissemination of Transportation Data and Statistics for 
Development of Strategic Long-Range Transportation Plans.--
          ``(1) In general.--The Secretary shall develop, and 
        disseminate to the States, relevant long-range transportation 
        data and statistics that a State or the Secretary, as the case 
        may be, shall use in the development of statewide, regional, 
        and national strategic long-range transportation plans.
          ``(2) Types of transportation data and statistics to be 
        developed.--The data and statistics referred to in paragraph 
        (1) shall include, at a minimum, 20-year projections--
                  ``(A) of population growth in each State;
                  ``(B) from the Department of Transportation's Freight 
                Analysis Framework (referred to in this paragraph as 
                `FAF'), including projections for annual average daily 
                truck flow on specific highway routes;
                  ``(C) from the Department of Transportation's Highway 
                Performance Monitoring System (referred to in this 
                paragraph as `HPMS') of estimated peak period 
                congestion on major highway routes or segments of 
                routes and in metropolitan areas;
                  ``(D) from HPMS and FAF of estimated traffic volumes 
                on segments of highway that are projected to be 
                classified as moderately or highly congested;
                  ``(E) from HPMS and FAF for highway bottlenecks;
                  ``(F) of public transportation use in urbanized 
                areas, including for each urbanized area a comparison 
                of estimated ridership growth and estimated public 
                transportation revenue vehicle miles to available 
                system capacity and current service levels;
                  ``(G) of aviation passenger enplanements and cargo 
                ton miles flown;
                  ``(H) of increases in unmanned aerial system and 
                general aviation active aircraft and hours flown;
                  ``(I) of capacity-constrained airports and congested 
                air traffic routes;
                  ``(J) of passenger demand for suborbital space 
                tourism;
                  ``(K) of demand on major freight rail lines;
                  ``(L) of shipping traffic at United States ports; and
                  ``(M) of intercity bus and passenger rail ridership 
                demand.

``Sec. 5206. National performance management system

  ``(a) Establishment of National Performance Management System.--
          ``(1) Establishment.--The Secretary shall establish a 
        national performance management system to track the Nation's 
        progress toward broad national performance goals for the 
        Nation's highway and public transportation systems.
          ``(2) Components.--The National Performance Management System 
        shall include the following components:
                  ``(A) A national performance management goal.
                  ``(B) Core performance measures.
                  ``(C) Technical guidance.
                  ``(D) A State performance management process, 
                including--
                          ``(i) performance targets;
                          ``(ii) strategies; and
                          ``(iii) reporting requirements.
  ``(b) National Performance Management Goal.--
          ``(1) Establishment.--The Secretary shall establish, in broad 
        qualitative terms, a national performance management goal for 
        the Nation's highway and public transportation systems to 
        ensure economic growth, safety improvement, and increased 
        mobility.
          ``(2) Consistency with national strategic transportation 
        plan.--The national strategic transportation plan, to the 
        greatest extent practicable, shall be consistent with the 
        national performance management goal.
  ``(c) Core Performance Measures.--
          ``(1) Establishment.--Not later than 2 years after the date 
        of enactment of this section, the Secretary, in collaboration 
        with the States, metropolitan planning organizations, and 
        public transportation agencies through the process described in 
        paragraph (4) shall establish core performance measures.
          ``(2) Implementation.--A State shall be required to implement 
        the core performance measures as part of the State's 
        performance management process established in subsection (e).
          ``(3) Categories.--The core performance measures shall 
        include not more than 2 measures from each of the following 
        categories:
                  ``(A) Pavement condition on the National Highway 
                System.
                  ``(B) Bridge condition on the National Highway 
                System.
                  ``(C) Highway and motor carrier safety.
                  ``(D) Highway safety infrastructure asset management.
                  ``(E) Bike and pedestrian safety.
                  ``(F) Highway congestion.
                  ``(G) Air emissions and energy consumption.
                  ``(H) Freight mobility.
                  ``(I) Public transportation state of good repair.
                  ``(J) Public transportation service availability.
                  ``(K) Rural connectivity.
          ``(4) Process.--The core performance measures shall be 
        established under the following process:
                  ``(A) At any time after the date of enactment of this 
                section, the State departments of transportation (in 
                consultation with metropolitan planning organizations 
                and public transportation agencies), acting through 
                their national organization, may jointly submit to the 
                Secretary a complete set of recommended core 
                performance measures for use in statewide 
                transportation planning.
                  ``(B) The Secretary shall give substantial weight to 
                the recommendations submitted by the State departments 
                of transportation, if such recommendations are 
                submitted not later than 18 months after enactment of 
                this section.
                  ``(C) After consultation with the State departments 
                of transportation regarding the recommendations, the 
                Secretary shall issue a notice in the Federal Register 
                announcing the Secretary's proposed set of core 
                performance measures and providing an opportunity for 
                comment.
                  ``(D) After considering any comments, the Secretary 
                shall publish a notice in the Federal Register not 
                later than 2 years after the date of enactment of this 
                section announcing the final set of core performance 
                measures.
  ``(d) Technical Guidance.--
          ``(1) In general.--Not later than 6 months after the 
        Secretary publishes the final set of core performance measures 
        in the Federal Register under subsection (c)(4)(D), the 
        Secretary shall issue technical guidance, including a uniform 
        methodology for collecting data, for use by the States in 
        applying the core performance measures.
          ``(2) Development.--The Secretary shall--
                  ``(A) develop the technical guidance in collaboration 
                with the State departments of transportation;
                  ``(B) give substantial weight to any recommendations 
                submitted by the State departments of transportation 
                through their national organization, if such 
                recommendations are submitted not later than 3 months 
                after the Secretary publishes the final set of core 
                performance measures in the Federal Register under 
                subsection (c)(4)(D); and
                  ``(C) provide a reasonable opportunity for State 
                departments of transportation to comment on the 
                technical guidance before it is issued.
  ``(e) State Performance Management Process.--
          ``(1) Establishment of performance targets.--
                  ``(A) Initial targets.--Not later than 1 year after 
                the Secretary publishes the final set of core 
                performance measures in the Federal Register under 
                subsection (c)(4)(D), a State shall amend its statewide 
                strategic long-range transportation plan to include a 
                target level of performance for each of the core 
                performance measures.
                  ``(B) Revisions to targets.--A State may revise its 
                performance targets for the core performance measures 
                at any time by amending its statewide strategic long-
                range transportation plan and resubmitting the plan to 
                the Secretary.
          ``(2) Reporting requirements.--
                  ``(A) In general.--In order to improve the outcomes 
                of the transportation planning process, the States 
                shall implement a national performance reporting 
                process in accordance with subparagraphs (B) and (C).
                  ``(B) Baseline report.--Not later than 6 months after 
                adopting its initial performance targets for the core 
                performance measures pursuant to paragraph (1)(A), a 
                State shall publish a baseline report including data 
                from the most recent year for which data is available 
                for the full set of core performance measures.
                  ``(C) Annual progress reports.--Not later than 18 
                months after publication of the baseline report, and 
                annually thereafter, a State shall publish a report 
                documenting the progress that the State has made in 
                meeting its performance targets for the core 
                performance measures.''.
  (b) Conforming Amendments.--
          (1) Subtitle analysis.--The analysis for subtitle III of 
        title 49, United States Code, is amended by inserting after the 
        item relating to chapter 51 the following:

``52. Transportation Planning...............................    5201''.

          (2) Metropolitan transportation planning.--
                  (A) Title 23.--Section 134 of title 23, United States 
                Code, is amended to read as follows:

``Sec. 134. Metropolitan transportation planning

  ``Metropolitan transportation planning programs funded under section 
104(f) shall be carried out in accordance with the metropolitan 
planning provisions of section 5203 of title 49.''.
                  (B) Chapter 53 of title 49.--Section 5303 of title 
                49, United States Code, is amended to read as follows:

``Sec. 5303. Metropolitan transportation planning

  ``Metropolitan transportation planning programs funded under section 
5305 shall be carried out in accordance with the metropolitan planning 
provisions of section 5203.''.
          (3) Statewide transportation planning.--
                  (A) Title 23.--Section 135 of title 23, United States 
                Code, is amended to read as follows:

``Sec. 135. Statewide transportation planning

  ``Statewide transportation planning programs funded under sections 
104(f) and 505 shall be carried out in accordance with the metropolitan 
planning provisions of section 5204 of title 49.''.
                  (B) Chapter 53 of title 49.--Section 5304 of title 
                49, United States Code, is amended to read as follows:

``Sec. 5304. Statewide transportation planning

  ``Statewide transportation planning programs funded under section 
5305 shall be carried out in accordance with the metropolitan planning 
provisions of section 5204.''.

SEC. 4002. SPECIAL RULES FOR SMALL METROPOLITAN PLANNING ORGANIZATIONS.

  (a) Continuation of Applicability of Section 134.--A metropolitan 
planning organization that serves an urbanized area with a population 
of more than 50,000 and less than 100,000 and that is subject to the 
provisions of section 134 of title 23, United States Code, and section 
5303 of title 49, United States Code (as in effect on the day before 
the date of enactment of this Act), shall continue to be designated as 
a metropolitan planning organization subject to section 5203 of title 
49, United States Code (as added by this title), unless the Governor 
and units of general purpose local government that together represent 
at least 75 percent of the affected population, including the largest 
incorporated city (based on population) as determined by the Bureau of 
the Census, agree to terminate the designation.
  (b) Treatment.--A metropolitan planning organization described in 
paragraph (1) shall be treated, for purposes of title 23, United States 
Code, and chapters 52 and 53 of title 49, United States Code, the 
Transportation Equity Act for the 21st Century (Public Law 105-178), 
and SAFETEA-LU (Public Law 109-59) as a metropolitan planning 
organization that is subject to the provisions of section 5203 of title 
49, United States Code (as added by this title).

SEC. 4003. FINANCIAL PLANS.

  Not later than 90 days after the date of enactment of this Act, the 
Secretary shall issue revised regulations under sections 5203 and 5204 
of title 49, United States Code (as added by this title), to clarify 
that--
          (1) a financial plan for a long-range transportation plan or 
        transportation improvement program is required to be updated 
        not more than once every 4 years;
          (2) an amendment to a long-range transportation plan or 
        transportation improvement program does not require a review of 
        the entire financial plan, but rather requires only a plan for 
        covering any incremental costs associated with the amendment;
          (3) project costs and revenue estimates used in developing a 
        financial plan for a long-range plan should be based on long-
        term trends, and need not be adjusted to reflect short-term 
        fluctuations;
          (4) the Department shall defer to the judgment of State and 
        local governments regarding the magnitude of potential State 
        and local revenue streams, including the likelihood that State 
        or local governments will approve tax increases, tolling, 
        bonding, or other measures to increase revenues; and
          (5) the requirement for a financial plan does not give the 
        Secretary the authority or responsibility to determine the 
        adequacy of a State or metropolitan area's funding levels for 
        operation and maintenance of the transportation system.

SEC. 4004. PLAN UPDATE.

  Not later than September 30, 2012, a State shall update its statewide 
strategic long-range transportation plan to comply with the 
requirements of section 5205 of title 49, United States Code.

SEC. 4005. STATE PLANNING AND RESEARCH FUNDING FOR TITLE 23.

  Section 505 of title 23, United States Code, is amended--
          (1) in subsection (a)(5) by inserting ``intercity bus,'' 
        after ``public transportation,''; and
          (2) in subsection (b)(1) by inserting ``intercity bus,'' 
        after ``public transportation,''.

SEC. 4006. NATIONAL ACADEMY OF SCIENCES STUDY.

  (a) Study.--The Secretary shall enter into appropriate arrangements 
with the National Academy of Sciences to conduct a study on the 
implementation of section 5206 of title 49, United States Code (as 
added by this title).
  (b) Contents.--The study shall--
          (1) report on the timeliness of implementation, the quality 
        and consistency of performance measurement practices, the costs 
        of compliance, and impact on the transportation planning 
        process;
          (2) include recommendations for changes to improve 
        implementation; and
          (3) include recommendations for future additions or changes 
        to the performance categories as described in this section.
  (c) Consultation.--The National Academy of Sciences shall conduct the 
study required under this section in consultation with the Federal 
Highway Administration, Federal Transit Administration, American 
Association of State Highway and Transportation Officials, American 
Public Transit Association, and Association of Metropolitan Planning 
Organizations.
  (d) Completion in Phases.--
          (1) In general.--The National Academy of Sciences shall 
        complete the study in 2 phases, corresponding to the major 
        stages of implementation of section 5206 of title 49, United 
        States Code.
          (2) Phase i.--Phase 1 of the study shall--
                  (A) address implementation of performance measures; 
                and
                  (B) be completed not later than 3 years after the 
                date of enactment of this Act.
          (3) Phase ii.--Phase 2 of the study shall--
                  (A) address implementation of performance targets, as 
                well as performance measures; and
                  (B) be completed not later than 5 years after the 
                date of enactment of this Act.

SEC. 4007. CONGESTION RELIEF.

  The Secretary shall--
          (1) encourage States and metropolitan planning organizations 
        to prioritize congestion relief projects in transportation 
        improvement programs in order to improve the flow of commerce 
        and the productivity of the Federal-aid system; and
          (2) provide technical assistance and educational materials to 
        States to quantify the economic, environmental, and quality-of-
        life damage caused by traffic congestion as well as identify 
        multiple options for solutions, including new roads and lanes, 
        bottleneck removal, congestion reducing and, if applicable, 
        energy efficient intelligent transportation systems, and low-
        cost congestion relief projects.

                        TITLE V--HIGHWAY SAFETY

SEC. 5001. AMENDMENTS TO TITLE 23, UNITED STATES CODE.

   Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 23, 
United States Code.

SEC. 5002. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--The following sums are authorized to be appropriated 
out of the Highway Trust Fund (other than the Alternative 
Transportation Account):
          (1) Highway safety programs.--For carrying out section 402 of 
        title 23, United States Code, $493,312,000 for each of fiscal 
        years 2013 through 2016.
          (2) National driver register.--For the National Highway 
        Traffic Safety Administration to carry out chapter 303 of title 
        49, United States Code, $4,116,000 for each of fiscal years 
        2013 through 2016.
          (3) Administrative expenses.--For administrative and related 
        operating expenses of the National Highway Traffic Safety 
        Administration in carrying out chapter 4 of title 23, United 
        States Code, and this title (including the amendments made by 
        this title) $162,572,000 for each of fiscal years 2013 through 
        2016.
  (b) Prohibition on Other Uses.--Except as otherwise provided in 
chapter 4 of title 23, United States Code, and this title (including 
the amendments made by this title), the amounts made available from the 
Highway Trust Fund (other than the Alternative Transportation Account) 
for a program under that chapter shall be used only to carry out such 
program and may not be used by States or local governments for 
construction purposes.
  (c) Applicability of Chapter 1.--Except as otherwise provided in 
chapter 4 of title 23, United States Code, and this title (including 
the amendments made by this title), the amounts made available under 
subsection (a) for each of fiscal years 2013 through 2016 shall be 
available for obligation in the same manner as if such funds were 
apportioned under chapter 1 of title 23, United States Code.

SEC. 5003. HIGHWAY SAFETY PROGRAMS.

  (a) In General.--Section 402(a) is amended to read as follows:
  ``(a) State Highway Safety Programs.--
          ``(1) In general.--Each State shall have a highway safety 
        program that is subject to approval by the Secretary and is 
        designed to reduce traffic crashes and the fatalities, 
        injuries, and property damage resulting therefrom.
          ``(2) Uniform guidelines.--A State's highway safety program 
        under paragraph (1) shall be established and carried out in 
        accordance with uniform guidelines promulgated by the 
        Secretary, which shall be expressed in terms of performance 
        criteria and shall include programs--
                  ``(A) to reduce injuries and fatalities resulting 
                from motor vehicles being driven in excess of posted 
                speed limits;
                  ``(B) to encourage the proper use of occupant 
                protection devices (including the use of seat belts and 
                child restraints) by occupants of motor vehicles;
                  ``(C) to reduce fatalities and injuries resulting 
                from persons driving motor vehicles while impaired by 
                alcohol or a controlled substance;
                  ``(D) to prevent crashes and reduce fatalities and 
                injuries resulting from crashes involving motor 
                vehicles and motorcycles;
                  ``(E) to reduce crashes resulting from unsafe driving 
                behavior (including aggressive or fatigued driving and 
                distracted driving arising from the use of electronic 
                devices in vehicles);
                  ``(F) to improve law enforcement activities relating 
                to motor vehicle crash prevention, traffic supervision, 
                and postcrash procedures;
                  ``(G) to improve the timeliness, accuracy, 
                completeness, uniformity, and accessibility of the 
                safety data of States that is needed--
                          ``(i) for activities relating to performance 
                        targets established under subsection (m);
                          ``(ii) to identify priorities for national, 
                        State, and local highway and traffic safety 
                        programs; and
                          ``(iii) to improve the compatibility and 
                        interoperability of the data systems of each 
                        State with national data systems and the data 
                        systems of other States;
                  ``(H) to improve driver performance, including 
                through driver education, driver testing to determine 
                proficiency to operate motor vehicles, driver 
                examinations (both physical and mental), and driver 
                licensing; and
                  ``(I) to improve pedestrian and bicycle safety.
          ``(3) Record system.--The uniform guidelines promulgated 
        under paragraph (2) shall include provisions for an effective 
        record system of--
                  ``(A) traffic crashes, including injuries and 
                fatalities resulting therefrom;
                  ``(B) crash investigation activities carried out to 
                determine the probable causes of crashes, injuries, and 
                fatalities;
                  ``(C) vehicle registration, operation, and inspection 
                activities;
                  ``(D) highway design and maintenance activities, 
                including lighting, markings, and surface treatment 
                activities;
                  ``(E) traffic surveillance activities relating to the 
                detection and correction of locations with a 
                significant potential for crashes; and
                  ``(F) emergency services.
          ``(4) Applicability of guidelines.--The uniform guidelines 
        applicable to State highway safety programs shall, to the 
        extent determined appropriate by the Secretary, be applicable 
        to federally administered areas where a Federal department or 
        agency controls the highways or supervises traffic 
        operations.''.
  (b) Administration of State Programs.--Section 402(b) is amended--
          (1) in paragraph (1)--
                  (A) in subparagraph (D) by striking ``and'' at the 
                end;
                  (B) in subparagraph (E)--
                          (i) in clause (i) by striking ``national law 
                        enforcement mobilizations'' and inserting ``any 
                        national traffic safety law enforcement 
                        mobilizations coordinated by the Secretary''; 
                        and
                          (ii) by striking the period at the end and 
                        inserting a semicolon; and
                  (C) by adding at the end the following:
                  ``(F) demonstrate that the State has established a 
                highway safety data and traffic records coordinating 
                committee with a multidisciplinary membership that 
                includes, among others, managers, collectors, and users 
                of traffic records and public health and injury control 
                data systems;
                  ``(G) demonstrate that the State has developed a 
                multiyear highway safety data and traffic records 
                system strategic plan that--
                          ``(i) addresses existing deficiencies in the 
                        State's highway safety data and traffic records 
                        system;
                          ``(ii) is approved by the State's highway 
                        safety data and traffic records coordinating 
                        committee;
                          ``(iii) specifies how existing deficiencies 
                        in the State's highway safety data and traffic 
                        records system were identified;
                          ``(iv) prioritizes, on the basis of the 
                        identified highway safety data and traffic 
                        records system deficiencies of the State, the 
                        highway safety data and traffic records system 
                        needs and goals of the State;
                          ``(v) identifies performance-based measures 
                        by which progress toward those goals will be 
                        determined; and
                          ``(vi) specifies how funds apportioned to the 
                        State under subsection (c) and any other funds 
                        of the State are to be used to address needs 
                        and goals identified in the multiyear plan; and
                  ``(H) demonstrate that an assessment or audit of the 
                State's highway safety data and traffic records system 
                was conducted or updated during the 5-year period 
                ending on the date on which such State highway safety 
                program is submitted to the Secretary for approval.''; 
                and
          (2) by striking paragraph (3).
  (c) Apportionment of Funds.--Section 402(c) is amended to read as 
follows:
  ``(c) Apportionment of Funds.--
          ``(1) In general.--Funds made available to carry out this 
        section shall be used to aid States in conducting the highway 
        safety programs approved under subsection (a).
          ``(2) Apportionment formula.--Funds described in paragraph 
        (1) shall be apportioned among the States each fiscal year in 
        the following manner:
                  ``(A) 62.5 percent in the ratio that the population 
                of each State bears to the total population of all 
                States, as shown by the latest available Federal 
                census.
                  ``(B) 20 percent in the ratio that the public road 
                mileage in each State bears to the total public road 
                mileage in all States.
                  ``(C) 10 percent only to States that have enacted and 
                are enforcing a primary safety belt use law, in the 
                ratio that the population of each such State bears to 
                the total population of all such States, as shown by 
                the latest available Federal census.
                  ``(D) 5 percent only to States that have enacted and 
                are enforcing an ignition interlock law, in the ratio 
                that the population of each such State bears to the 
                total population of all such States, as shown by the 
                latest available Federal census.
                  ``(E) 2.5 percent only to States that have enacted 
                and are enforcing a graduated drivers licensing law, in 
                the ratio that the population of each such State bears 
                to the total population of all such States, as shown by 
                the latest available Federal census.
          ``(3) Minimum apportionment.--The annual apportionment under 
        paragraph (2) to each State shall not be less than three-
        quarters of 1 percent of the total apportionment under that 
        paragraph in the applicable fiscal year, except that the 
        apportionment to the Secretary of the Interior shall not be 
        less than 1.5 percent of the total apportionment and the 
        apportionments to the Virgin Islands, Guam, American Samoa, and 
        the Commonwealth of the Northern Mariana Islands shall not be 
        less than one-quarter of 1 percent of the total apportionment.
          ``(4) Implementation of approved highway safety programs.--
                  ``(A) Requirement for receiving apportionments.--The 
                Secretary shall not apportion any funds under this 
                section to any State that is not implementing a highway 
                safety program approved by the Secretary under this 
                section.
                  ``(B) Limitations on requirements relating to 
                motorcycle safety helmets.--A highway safety program 
                approved by the Secretary shall not include any 
                requirement that a State implement such program by 
                adopting or enforcing any law, rule, or regulation 
                based on a guideline promulgated by the Secretary under 
                this section that requires any motorcycle operator 18 
                years of age or older or passenger 18 years of age or 
                older to wear a safety helmet when operating or riding 
                a motorcycle on the streets and highways of that State.
                  ``(C) Compliance with implementation requirements.--
                Implementation of a highway safety program under this 
                section shall not be construed to require the Secretary 
                to require compliance with every uniform guideline 
                promulgated under this section, or with every element 
                of every uniform guideline, in every State.
                  ``(D) Minimum requirements for impaired driving high 
                range states.--An impaired driving high range State 
                shall expend in a fiscal year, on projects and 
                activities addressing impaired driving, at least 30 
                percent of the funds apportioned to that State under 
                paragraph (2) for that fiscal year.
                  ``(E) Automated traffic enforcement systems.--
                          ``(i) Prohibition.--A State may not expend 
                        funds apportioned to that State under paragraph 
                        (2) to carry out any program to purchase, 
                        operate, or maintain an automated traffic 
                        enforcement system.
                          ``(ii) Automated traffic enforcement system 
                        defined.--In this subparagraph, the term 
                        `automated traffic enforcement system' means 
                        automated technology that monitors compliance 
                        with traffic laws.''.
  (d) Miscellaneous.--Section 402 is amended--
          (1) in subsection (d) by striking ``(d) All provisions'' and 
        inserting ``(d) Applicability of Certain Provisions.--All 
        provisions'';
          (2) in subsection (e) by striking ``(e) Uniform guidelines'' 
        and inserting ``(e) Cooperation.--Uniform guidelines'';
          (3) in subsection (f) by striking ``(f) The Secretary'' and 
        inserting ``(f) Department and Agency Participation.--The 
        Secretary'';
          (4) in subsection (g)--
                  (A) by striking ``(g) Nothing in'' and inserting 
                ``(g) Limitation on Funds.--Nothing in'';
                  (B) by striking ``for (1) highway construction'' and 
                inserting ``for highway construction''; and
                  (C) by striking ``guidelines) or'' and all that 
                follows before the period at the end and inserting 
                ``guidelines) or for any purpose for which funds are 
                authorized under section 403(a)'';
          (5) by striking subsection (k); and
          (6) by redesignating subsections (l) and (m) as subsections 
        (k) and (l), respectively.
  (e) Highway Safety Performance Management.--Section 402 (as amended 
by this Act) is further amended by adding at the end the following:
  ``(m) Establishment of Performance Targets.--
          ``(1) In general.--The Governor of each State shall establish 
        quantifiable performance targets for their State--
                  ``(A) to be incorporated into the highway safety plan 
                of the State under subsection (n) each year; and
                  ``(B) with respect to, at a minimum--
                          ``(i) the average number of fatalities in the 
                        State resulting from traffic crashes per 
                        100,000,000 vehicle miles traveled;
                          ``(ii) the average number of serious injuries 
                        in the State resulting from traffic crashes per 
                        100,000,000 vehicle miles traveled;
                          ``(iii) the average number of traffic 
                        fatalities in the State involving drivers or 
                        motorcycle operators with a blood alcohol 
                        content of .08 or above per 100,000,000 vehicle 
                        miles traveled;
                          ``(iv) the average number of traffic crashes 
                        in the State involving drivers or motorcycle 
                        operators with a blood alcohol content of .08 
                        or above per 100,000,000 vehicle miles 
                        traveled;
                          ``(v) the average number of unrestrained 
                        motor vehicle occupant fatalities, for all seat 
                        positions, in the State resulting from traffic 
                        crashes per 100,000,000 vehicle miles traveled; 
                        and
                          ``(vi) the average number of motorcyclist 
                        fatalities in the State resulting from traffic 
                        crashes per 100,000,000 vehicle miles traveled.
          ``(2) Considerations in establishing performance targets.--In 
        establishing performance targets for a State under this 
        subsection, a Governor shall consider, at a minimum--
                  ``(A) the number of fatalities in the State resulting 
                from traffic crashes during the preceding 3 years;
                  ``(B) the number of serious injuries in the State 
                resulting from traffic crashes during the preceding 3 
                years;
                  ``(C) the extent to which vehicle miles traveled in 
                the State may impact the number of fatalities and 
                serious injuries in the State resulting from traffic 
                crashes; and
                  ``(D) data available from the Fatality Analysis 
                Reporting System of the National Highway Traffic Safety 
                Administration.
  ``(n) Highway Safety Plan and Reporting Requirements.--
          ``(1) In general.--With respect to fiscal year 2014, and each 
        fiscal year thereafter, the Secretary shall require the 
        Governor of each State, as a condition of the approval of the 
        State's highway safety program for that fiscal year, to develop 
        and submit to the Secretary for approval a highway safety plan 
        applicable to that fiscal year in accordance with this 
        subsection. The plan required under this paragraph may be 
        incorporated into any other document required to be submitted 
        under this section.
          ``(2) Timing.--Each Governor shall submit to the Secretary 
        the highway safety plan of their State not later than September 
        1 of the fiscal year preceding the fiscal year to which the 
        plan applies.
          ``(3) Contents.--A State's highway safety plan shall include, 
        at a minimum--
                  ``(A) current data with respect to each performance 
                target established for the State under subsection (m);
                  ``(B) for the fiscal year preceding the fiscal year 
                to which the plan applies, a description of the State's 
                performance regarding each performance target category 
                described in subsection (m)(1)(B);
                  ``(C) for the fiscal year preceding the fiscal year 
                to which the plan applies, a description of the 
                projects and activities for which the State obligated 
                funding apportioned to the State under this section;
                  ``(D) for the fiscal year to which the plan applies, 
                the State's strategy for using funds apportioned to the 
                State under this section for projects and activities 
                that will allow the State to meet the performance 
                targets established for the State under subsection (m);
                  ``(E) data and data analysis supporting the 
                effectiveness of projects and activities proposed in 
                the strategy under subparagraph (D);
                  ``(F) a description of any Federal, State, local, or 
                private funds that the State plans to use, in addition 
                to funds apportioned to the State under this section, 
                to carry out the State's strategy under subparagraph 
                (D); and
                  ``(G) a certification that the State will maintain 
                its aggregate expenditures for highway safety 
                activities, from sources other than funds apportioned 
                to the State under this section, at or above the 
                average level of such expenditures in the 2 fiscal 
                years preceding the date of enactment of this 
                subsection.
          ``(4) Review of highway safety plans.--
                  ``(A) In general.--Not later than 60 days after the 
                date on which the Secretary receives a State's highway 
                safety plan, the Secretary shall approve or disapprove 
                the plan.
                  ``(B) Approvals and disapprovals.--The Secretary 
                shall approve or disapprove a State's highway safety 
                plan based on a review of the plan, including an 
                evaluation of whether, in the Secretary's judgment, the 
                plan is evidence-based, is supported by data and 
                analysis, and, if implemented, will allow the State to 
                meet the performance targets established for the State 
                under subsection (m). The Secretary shall disapprove a 
                State's highway safety plan if the plan does not, in 
                the Secretary's judgment, provide for the evidenced-
                based use of funding in a manner sufficient to allow 
                the State to meet performance targets.
                  ``(C) Actions upon disapproval.--If the Secretary 
                disapproves a State's highway safety plan, the 
                Secretary shall inform the Governor of the State of the 
                reasons for the disapproval and require the Governor to 
                resubmit the plan with such modifications as the 
                Secretary determines necessary.
                  ``(D) Review of resubmitted plans.--If the Secretary 
                requires a Governor to resubmit a highway safety plan 
                with modifications, the Secretary shall approve or 
                disapprove the modified plan not later than 30 days 
                after the date on which the modified plan is submitted 
                to the Secretary.
                  ``(E) Funding allocations.--If a State failed to 
                accomplish, as determined by the Secretary, a 
                performance target established for that State under 
                subsection (m) in the fiscal year preceding the fiscal 
                year to which a State highway safety plan under review 
                applies, the Secretary shall require the following to 
                be included in the highway safety plan under review:
                          ``(i) If the State failed to accomplish a 
                        performance target established under subsection 
                        (m)(1)(B)(iii) or (m)(1)(B)(iv), a 
                        certification that the State will expend funds 
                        apportioned to the State under this section, 
                        during the fiscal year to which the plan 
                        applies, for projects and activities addressing 
                        impaired driving in an amount that is at least 
                        5 percent more than the amount expended on such 
                        projects and activities in the preceding fiscal 
                        year using such funds.
                          ``(ii) If the State failed to accomplish a 
                        performance target established under subsection 
                        (m)(1)(B)(v), a certification that the State 
                        will expend funds apportioned to the State 
                        under this section, during the fiscal year to 
                        which the plan applies, for projects and 
                        activities addressing occupant protection in an 
                        amount that is at least 5 percent more than the 
                        amount expended on such projects and activities 
                        in the preceding fiscal year using such funds.
                          ``(iii) If the State failed to accomplish a 
                        performance target established under subsection 
                        (m)(1)(B)(vi), a certification that the State 
                        will expend funds apportioned to the State 
                        under this section, during the fiscal year to 
                        which the plan applies, for projects and 
                        activities addressing motorcycle safety in an 
                        amount that is at least 5 percent more than the 
                        amount expended on such projects and activities 
                        in the preceding fiscal year using such funds.
                  ``(F) Data.--
                          ``(i) Fatalities data.--A State's compliance 
                        with performance targets relating to fatalities 
                        shall be determined using the most recent data 
                        from the Fatality Analysis Reporting System of 
                        the National Highway Traffic Safety 
                        Administration.
                          ``(ii) Crash data.--A State's compliance with 
                        performance targets relating to serious 
                        injuries shall be determined using State crash 
                        data files.
                  ``(G) Public notice.--A State shall make each highway 
                safety plan of the State available to the public.
  ``(o) Annual Report to Congress.--Not later than October 1, 2015, and 
annually thereafter, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report containing--
          ``(1) an evaluation of each State's performance with respect 
        to the State's highway safety plan under subsection (n) and 
        performance targets under subsection (m); and
          ``(2) such recommendations as the Secretary may have for 
        improvements to activities carried out under subsections (m) 
        and (n).
  ``(p) Definitions.--In this section, the following definitions apply:
          ``(1) Child restraint.--The term `child restraint' means any 
        product designed to provide restraint to a child in a motor 
        vehicle (including booster seats and other products used with a 
        lap and shoulder belt assembly) that meets applicable Federal 
        motor vehicle safety standards prescribed by the National 
        Highway Traffic Safety Administration.
          ``(2) Controlled substance.--The term `controlled substance' 
        has the meaning given that term in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802).
          ``(3) Driving while intoxicated; driving under the 
        influence.--The terms `driving while intoxicated' and `driving 
        under the influence' have the meaning given those terms in 
        section 164.
          ``(4) Graduated drivers licensing law.--The term `graduated 
        drivers licensing law' means a law enacted by a State that 
        requires, before the granting of an unrestricted driver's 
        license to individuals under the age of 21 years, a 2-stage 
        licensing process that includes the following:
                  ``(A) A learner's permit stage that--
                          ``(i) allows for the acquisition of a 
                        learner's permit by an individual not earlier 
                        than the date on which that individual attains 
                        15 years and 6 months of age;
                          ``(ii) is at least 6 months in duration;
                          ``(iii) requires an individual with a 
                        learner's permit to complete at least 30 hours 
                        of driving supervised by a licensed driver who 
                        is 21 years of age or older;
                          ``(iv) requires an individual with a 
                        learner's permit to be accompanied and 
                        supervised by a licensed driver who is 21 years 
                        of age or older at all times when operating a 
                        motor vehicle; and
                          ``(v) is in effect until the commencement of 
                        the intermediate stage or until the date on 
                        which the applicable individual attains 18 
                        years of age.
                  ``(B) An intermediate stage that--
                          ``(i) applies to an individual immediately 
                        after the expiration of the learner's permit 
                        stage for that individual;
                          ``(ii) is at least 6 months in duration;
                          ``(iii) prohibits the operation of a motor 
                        vehicle by an individual to whom the stage 
                        applies, if that individual is transporting 
                        more than one nonfamilial passenger under the 
                        age of 18 years and there is no licensed driver 
                        21 years of age or older present in the motor 
                        vehicle; and
                          ``(iv) prohibits an individual to whom the 
                        stage applies from operating a motor vehicle 
                        between the hours of midnight and 4 a.m., 
                        unless such individual is accompanied and 
                        supervised by a licensed driver who is 21 years 
                        of age or older.
          ``(5) Impaired driving high range state.--The term `impaired 
        driving high range State' means a State that averaged more than 
        .50 alcohol impaired driving fatalities per 100,000,000 vehicle 
        miles traveled, as determined using data from the Fatality 
        Analysis Reporting System of the National Highway Traffic 
        Safety Administration, for the most recent 3 years for which 
        data are available.
          ``(6) Ignition interlock device.--The term `ignition 
        interlock device' means an in-vehicle device that requires a 
        driver to provide a breath sample prior to a motor vehicle 
        starting and that prevents a motor vehicle from starting if the 
        blood alcohol content of the driver is above the legal limit.
          ``(7) Ignition interlock law.--The term `ignition interlock 
        law' means a law enacted by a State that requires throughout 
        the State the installation of an ignition interlock device, for 
        a minimum of 6 months, on each motor vehicle operated by an 
        individual who is convicted of driving while intoxicated or 
        driving under the influence.
          ``(8) Motor vehicle.--The term `motor vehicle' has the 
        meaning given that term in section 157.
          ``(9) Motorcyclist safety training.--The term `motorcyclist 
        safety training' means a formal program of instruction that is 
        approved for use in a State by the designated State authority 
        having jurisdiction over motorcyclist safety issues, which may 
        include a State motorcycle safety administrator or a motorcycle 
        advisory council appointed by the Governor of the State.
          ``(10) Primary safety belt use law.--The term `primary safety 
        belt use law' means a law enacted by a State that--
                  ``(A) requires all occupants in the front seat of a 
                motor vehicle to utilize a seat belt when the motor 
                vehicle is being driven; and
                  ``(B) allows for a law enforcement officer to stop a 
                vehicle solely for the purpose of issuing a citation 
                for a violation of the requirement in subparagraph (A) 
                in the absence of evidence of another offense.
          ``(11) Projects and activities addressing impaired driving.--
        The term `projects and activities addressing impaired driving' 
        means projects and activities--
                  ``(A) to develop and implement law enforcement 
                measures and tools designed to reduce impaired driving, 
                including training, education, equipment, and other 
                methods of support for law enforcement and criminal 
                justice professionals;
                  ``(B) to improve impaired driving prosecution and 
                adjudication, including the establishment of courts 
                that specialize in impaired driving cases;
                  ``(C) to carry out safety campaigns relating to 
                impaired driving using paid media;
                  ``(D) to provide inpatient and outpatient alcohol 
                rehabilitation based on mandatory assessment and 
                appropriate treatment;
                  ``(E) to establish and improve information systems 
                containing data on impaired driving; or
                  ``(F) to establish and implement an ignition 
                interlock system for individuals convicted of driving 
                while intoxicated or driving under the influence.
          ``(12) Projects and activities addressing motorcycle 
        safety.--The term `projects and activities addressing 
        motorcycle safety' means projects and activities--
                  ``(A) to improve the content and delivery of 
                motorcyclist safety training curricula;
                  ``(B) to support licensing, training, and safety 
                education for motorcyclists, including new entrants;
                  ``(C) to enhance motorcycle safety through public 
                service announcements, including safety messages on 
                road sharing, outreach, and public awareness 
                activities; or
                  ``(D) to provide for the safety of motorcyclists 
                through the promotion of appropriate protective 
                equipment.
          ``(13) Projects and activities addressing occupant 
        protection.--The term `projects and activities addressing 
        occupant protection' means projects and activities--
                  ``(A) to provide for occupant protection training, 
                education, equipment, and other methods of support for 
                law enforcement and criminal justice professionals;
                  ``(B) to carry out safety campaigns relating to 
                occupant protection using paid media;
                  ``(C) to establish and improve information systems 
                containing data on occupant protection;
                  ``(D) to provide for training of firefighters, law 
                enforcement officers, emergency medical services 
                professionals, and others on the provision of community 
                child passenger safety services; or
                  ``(E) to purchase child restraints for low-income 
                families.
          ``(14) Public road.--The term `public road' means any road 
        under the jurisdiction of and maintained by a public authority 
        and open to public travel.
          ``(15) Public road mileage.--The term `public road mileage' 
        means the number of public road miles in a State as--
                  ``(A) determined at the end of the calendar year 
                preceding the year in which applicable funds are 
                apportioned; and
                  ``(B) certified by the Governor of the State, subject 
                to approval by the Secretary.
          ``(16) Seat belt.--The term `seat belt' has the meaning given 
        that term in section 157.''.

SEC. 5004. USE OF CERTAIN FUNDS MADE AVAILABLE FOR ADMINISTRATIVE 
                    EXPENSES.

  (a) In General.--Section 403 is amended to read as follows:

``Sec. 403. Use of certain funds made available for administrative 
                    expenses

  ``(a) Highway Safety Research and Development.--The Secretary is 
authorized to carry out, using funds made available out of the Highway 
Trust Fund (other than the Alternative Transportation Account) under 
section 5002(a)(3) of the American Energy and Infrastructure Jobs Act 
of 2012--
          ``(1) ongoing research into driver behavior and its effect on 
        traffic safety;
          ``(2) research on, initiatives to counter, and demonstration 
        projects on fatigued driving by drivers of motor vehicles and 
        distracted driving in such vehicles, including the effect that 
        the use of electronic devices and other factors determined 
        relevant by the Secretary have on driving;
          ``(3) training or education programs in cooperation with 
        other Federal departments and agencies, States, private sector 
        persons, highway safety personnel, and law enforcement 
        personnel;
          ``(4) research on and evaluations of the effectiveness of 
        traffic safety countermeasures, including seat belts and 
        impaired driving initiatives;
          ``(5) research on, evaluations of, and identification of best 
        practices related to driver education programs (including 
        driver education curricula, instructor training and 
        certification, program administration, and delivery mechanisms) 
        and make recommendations for harmonizing driver education and 
        multistage graduated licensing systems;
          ``(6) research, training, and education programs related to 
        older drivers;
          ``(7) highway safety demonstration projects related to driver 
        behavior, including field operational tests for vehicle 
        collision avoidance systems, vehicle voice interface systems, 
        vehicle workload management systems, driver state monitoring 
        systems, and autonomous vehicles; and
          ``(8) research, training, and programs relating to motorcycle 
        safety, including impaired driving.
  ``(b) High Visibility Enforcement Program.--
          ``(1) In general.--The Administrator of the National Highway 
        Traffic Safety Administration shall establish and administer, 
        using funds made available out of the Highway Trust Fund (other 
        than the Alternative Transportation Account) under section 
        5002(a)(3) of the American Energy and Infrastructure Jobs Act 
        of 2012, a program under which at least 2 high-visibility 
        traffic safety law enforcement campaigns will be carried out 
        for the purpose specified in paragraph (2) in each of fiscal 
        years 2013 through 2016.
          ``(2) Purpose.--The purpose of each law enforcement campaign 
        under this subsection shall be to achieve one or more of the 
        following objectives:
                  ``(A) Reduce alcohol-impaired or drug-impaired 
                operation of motor vehicles.
                  ``(B) Increase the use of seat belts by occupants of 
                motor vehicles.
                  ``(C) Reduce distracted driving of motor vehicles.
          ``(3) Advertising.--The Administrator may use, or authorize 
        the use of, funds made available to carry out this subsection 
        to pay for the development, production, and use of broadcast 
        and print media advertising in carrying out law enforcement 
        campaigns under this subsection. Consideration shall be given 
        to advertising directed at non-English speaking populations, 
        including those who listen to, read, or watch nontraditional 
        media.
          ``(4) Coordination with states.--The Administrator shall 
        coordinate with States in carrying out law enforcement 
        campaigns under this subsection, including advertising funded 
        under paragraph (3), with a view toward--
                  ``(A) relying on States to provide the law 
                enforcement resources for the campaigns out of funding 
                available under this subsection and section 402; and
                  ``(B) providing out of National Highway Traffic 
                Safety Administration resources most of the means 
                necessary for national advertising and education 
                efforts associated with the law enforcement campaigns.
          ``(5) Annual evaluation.--The Secretary shall conduct an 
        annual evaluation of the effectiveness of campaigns carried out 
        under this subsection.
          ``(6) State defined.--In this subsection, the term `State' 
        has the meaning given that term in section 401.
  ``(c) Availability of Funds.--The Secretary shall ensure that at 
least $137,244,000 of the funds made available out of the Highway Trust 
Fund (other than the Alternative Transportation Account) under section 
5002(a)(3) of the American Energy and Infrastructure Jobs Act of 2012 
each fiscal year are used for programs and activities authorized under 
this section.''.
  (b) Clerical Amendment.--The analysis for chapter 4 is amended by 
striking the item relating to section 403 and inserting the following:

``403. Use of certain funds made available for administrative 
expenses.''.

SEC. 5005. REPEAL OF PROGRAMS.

  (a) General Provision.--A repeal made by this section shall not 
affect funds apportioned or allocated before the effective date of the 
repeal.
  (b) Occupant Protection Incentive Grants.--Section 405, and the item 
relating to that section in the analysis for chapter 4, are repealed.
  (c) Safety Belt Performance Grants.--Section 406, and the item 
relating to that section in the analysis for chapter 4, are repealed.
  (d) Innovative Project Grants.--Section 407, and the item relating to 
that section in the analysis for chapter 4, are repealed.
  (e) State Traffic Safety Information System Improvements.--Section 
408, and the item relating to that section in the analysis for chapter 
4, are repealed.
  (f) Alcohol-Impaired Driving Countermeasures.--Section 410, and the 
item relating to that section in the analysis for chapter 4, are 
repealed.
  (g) State Highway Safety Data Improvements.--Section 411, and the 
item relating to that section in the analysis for chapter 4, are 
repealed.
  (h) High Visibility Enforcement Program.--Section 2009 of SAFETEA-LU 
(23 U.S.C. 402 note; 119 Stat. 1535), and the item relating to that 
section in the table of contents contained in section 1(b) of that Act, 
are repealed.
  (i) Motorcyclist Safety.--Section 2010 of SAFETEA-LU (23 U.S.C. 402 
note; 119 Stat. 1535), and the item relating to that section in the 
table of contents contained in section 1(b) of that Act, are repealed.
  (j) Child Safety and Child Booster Seat Incentive Grants.--Section 
2011 of SAFETEA-LU (23 U.S.C. 405 note; 119 Stat. 1538), and the item 
relating to that section in the table of contents contained in section 
1(b) of that Act, are repealed.
  (k) Drug-Impaired Driving Enforcement.--Section 2013 of SAFETEA-LU 
(23 U.S.C. 403 note; 119 Stat. 1539), and the item relating to that 
section in the table of contents contained in section 1(b) of that Act, 
are repealed.
  (l) First Responder Vehicle Safety Program.--Section 2014 of SAFETEA-
LU (23 U.S.C. 402 note; 119 Stat. 1540), and the item relating to that 
section in the table of contents contained in section 1(b) of that Act, 
are repealed.
  (m) Rural State Emergency Medical Services Optimization Pilot 
Program.--Section 2016 of SAFETEA-LU (119 Stat. 1541), and the item 
relating to that section in the table of contents contained in section 
1(b) of that Act, are repealed.
  (n) Older Driver Safety; Law Enforcement Training.--Section 2017 of 
SAFETEA-LU (119 Stat. 1541), and the item relating to that section in 
the table of contents contained in section 1(b) of that Act, are 
repealed.

SEC. 5006. DISCOVERY AND ADMISSION AS EVIDENCE OF CERTAIN REPORTS AND 
                    SURVEYS.

  Section 409 is amended by striking ``and 148'' and inserting ``148, 
and 402''.

SEC. 5007. PROHIBITION ON FUNDS TO CHECK HELMET USAGE OR CREATE 
                    CHECKPOINTS FOR A MOTORCYCLE DRIVER OR PASSENGER.

  The Secretary may not provide a grant or otherwise make available 
funding to a State, Indian tribe, county, municipality, or other local 
government to be used for any program to check helmet usage or create 
checkpoints for a motorcycle driver or passenger.

SEC. 5008. NATIONAL DRIVER REGISTER.

  (a) Accuracy of Information.--Not later than October 1, 2013, to 
ensure the accuracy of information contained in the National Driver 
Register established under section 30302 of title 49, United States 
Code, the Secretary, in cooperation with the States, shall--
          (1) establish and implement procedures to--
                  (A) ensure that participating States submit reports 
                required under section 30304(a) of such title with 
                respect to a conviction not later than 31 days after 
                receiving notice of the conviction, as required under 
                section 30304(c)(2) of such title; and
                  (B) verify and improve the accuracy of reports 
                submitted for inclusion in the Register under section 
                30304 of such title; and
          (2) establish and implement a process for--
                  (A) the removal or modification of an invalid or 
                duplicative driver record contained in the Register; 
                and
                  (B) the verification of a request for the removal or 
                modification of an invalid or duplicative driver record 
                contained in the Register.
  (b) Report to Congress.--Not later than February 1, 2013, and every 
February 1 thereafter, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report describing--
          (1) the timeliness and completeness of State submissions 
        under section 30304 of title 49, United States Code;
          (2) the Department's efforts to monitor and ensure compliance 
        with the reporting requirements under such section; and
          (3) recommendations for improving the National Driver 
        Register established under section 30302 of title 49, United 
        States Code, including the accuracy of information contained in 
        the Register, and the Problem Driver Pointer System of the 
        American Association of Motor Vehicle Administrators.

               TITLE VI--COMMERCIAL MOTOR VEHICLE SAFETY

SEC. 6001. SHORT TITLE.

  This title may be cited as the ``Motor Carrier Safety, Efficiency, 
and Accountability Act of 2012''.

SEC. 6002. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

  Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

              Subtitle A--Authorization of Appropriations

SEC. 6101. MOTOR CARRIER SAFETY GRANTS.

  (a) Authorization of Appropriations.--Section 31104(a) is amended to 
read as follows:
  ``(a) In General.--Subject to subsection (f), there is authorized to 
be appropriated from the Highway Trust Fund (other than the Alternative 
Transportation Account) to carry out section 31102 $247,000,000 for 
each of fiscal years 2013 through 2016.''.
  (b) Administrative Takedown.--
          (1) In general.--Section 31104(e) is amended to read as 
        follows:
  ``(e) Deduction for Administrative Expenses.--
          ``(1) In general.--On October 1 of each fiscal year (or as 
        soon after that date as practicable), the Secretary may deduct, 
        from amounts made available under subsection (a) for that 
        fiscal year, not more than 1.25 percent of those amounts for 
        administrative expenses incurred in carrying out section 31102 
        in that fiscal year.
          ``(2) Training.--The Secretary shall use at least 75 percent 
        of the amounts deducted under paragraph (1) to train non-
        Government employees and to develop related training materials 
        in carrying out section 31102.''.
          (2) Report to congress.--At the end of each fiscal year, the 
        Secretary shall submit to Congress a report detailing the use 
        of amounts deducted under section 31104(e) of title 49, United 
        States Code, as amended by paragraph (1) of this subsection.
  (c) Allocation Criteria.--Section 31104(f) is amended to read as 
follows:
  ``(f) Allocation Criteria.--
          ``(1) In general.--On October 1 of each fiscal year (or as 
        soon after that date as practicable) and after making the 
        deduction under subsection (e), the Secretary shall allocate 
        amounts made available to carry out section 31102 for such 
        fiscal year among the States that are eligible for grant funds 
        under section 31102(f)(2).
          ``(2) Allocation formula.--The amounts made available to 
        carry out section 31102 shall be allocated among the States in 
        the following manner:
                  ``(A) 20 percent in the ratio that--
                          ``(i) the total public road mileage in each 
                        State; bears to
                          ``(ii) the total public road mileage in all 
                        States.
                  ``(B) 20 percent in the ratio that--
                          ``(i) the total vehicle miles traveled in 
                        each State; bears to
                          ``(ii) the total vehicle miles traveled in 
                        all States.
                  ``(C) 20 percent in the ratio that--
                          ``(i) the total population of each State (as 
                        shown in the annual census estimates issued by 
                        the Bureau of the Census); bears to
                          ``(ii) the total population of all States (as 
                        shown in the annual census estimates issued by 
                        the Bureau of the Census).
                  ``(D) 20 percent in the ratio that--
                          ``(i) the total special fuel consumption (net 
                        after reciprocity adjustment) in each State (as 
                        determined by the Secretary); bears to
                          ``(ii) the total special fuel consumption 
                        (net after reciprocity adjustment) in all 
                        States (as determined by the Secretary).
                  ``(E) 10 percent only to those States that share a 
                land border with another country and conduct border 
                commercial motor vehicle safety programs and related 
                activities (in this subparagraph referred to as a 
                `border State'), with--
                          ``(i) 70 percent of such amount to be 
                        allocated among border States in the ratio 
                        that--
                                  ``(I) the total number of 
                                international commercial motor vehicle 
                                inspections conducted within the 
                                boundaries of each border State (as 
                                determined by the Secretary); bears to
                                  ``(II) the total number of 
                                international commercial motor vehicle 
                                inspections conducted within the 
                                boundaries of all border States (as 
                                determined by the Secretary); and
                          ``(ii) 30 percent of such amount to be 
                        allocated among border States in the ratio 
                        that--
                                  ``(I) the total number of land border 
                                crossing locations with State-
                                maintained commercial motor vehicle 
                                safety enforcement infrastructure 
                                within the boundaries of each border 
                                State (as determined by the Secretary); 
                                bears to
                                  ``(II) the total number of land 
                                border crossing locations with State-
                                maintained commercial motor vehicle 
                                safety enforcement infrastructure 
                                within the boundaries of all border 
                                States (as determined by the 
                                Secretary).
                  ``(F) 10 percent only to those States that reduce the 
                rate of large truck-involved fatal accidents in the 
                State for the most recent calendar year for which data 
                are available when compared to the average rate of 
                large truck-involved fatal accidents in the State for 
                the 10-year period ending on the last day preceding 
                that calendar year (in this subparagraph referred to as 
                an `eligible State'), with--
                          ``(i) 25 percent of such amount to be 
                        allocated among eligible States in the ratio 
                        that--
                                  ``(I) the total public road mileage 
                                in each eligible State; bears to
                                  ``(II) the total public road mileage 
                                in all eligible States;
                          ``(ii) 25 percent of such amount to be 
                        allocated among eligible States in the ratio 
                        that--
                                  ``(I) the total vehicle miles 
                                traveled in each eligible State; bears 
                                to
                                  ``(II) the total vehicle miles 
                                traveled in all eligible States;
                          ``(iii) 25 percent of such amount to be 
                        allocated among eligible States in the ratio 
                        that--
                                  ``(I) the total population of each 
                                eligible State (as shown in the annual 
                                census estimates issued by the Bureau 
                                of the Census); bears to
                                  ``(II) the total population of all 
                                eligible States (as shown in the annual 
                                census estimates issued by the Bureau 
                                of the Census); and
                          ``(iv) 25 percent of such amount to be 
                        allocated among eligible States in the ratio 
                        that--
                                  ``(I) the total special fuel 
                                consumption (net after reciprocity 
                                adjustment) in each eligible State (as 
                                determined by the Secretary); bears to
                                  ``(II) the total special fuel 
                                consumption (net after reciprocity 
                                adjustment) in all eligible States (as 
                                determined by the Secretary).
          ``(3) Maximum and minimum allocations.--
                  ``(A) Maximum allocation.--The allocation under 
                subparagraphs (A) through (D) of paragraph (2) for a 
                fiscal year to each State (excluding the Virgin 
                Islands, American Samoa, Guam, and the Northern Mariana 
                Islands) shall be not greater than 4.944 percent of the 
                total allocation under those subparagraphs in that 
                fiscal year.
                  ``(B) Minimum allocation.--The allocation under 
                paragraph (2) for a fiscal year to each State 
                (excluding the Virgin Islands, American Samoa, Guam, 
                and the Northern Mariana Islands) shall be not less 
                than 0.44 percent of the total allocation under that 
                paragraph in that fiscal year.
                  ``(C) Allocation to territories.--The annual 
                allocation to each of the Virgin Islands, American 
                Samoa, Guam, and the Northern Mariana Islands shall be 
                $350,000.''.
  (d) Administrative Expenses.--Section 31104(i) is amended--
          (1) by striking paragraph (1) and inserting the following:
          ``(1) Authorization of appropriations.--There is authorized 
        to be appropriated from the Highway Trust Fund (other than the 
        Alternative Transportation Account) for the Secretary of 
        Transportation to pay administrative expenses of the Federal 
        Motor Carrier Safety Administration $244,144,000 for each of 
        fiscal years 2013 through 2016.''; and
          (2) by adding at the end the following:
          ``(3) Outreach and education.--
                  ``(A) In general.--Using the funds authorized by this 
                subsection, the Secretary shall conduct an outreach and 
                education program to be administered by the 
                Administrator of the Federal Motor Carrier Safety 
                Administration in cooperation with the Administrator of 
                the National Highway Traffic Safety Administration.
                  ``(B) Program elements.--The program shall include, 
                at a minimum, the following:
                          ``(i) A program to promote a more 
                        comprehensive and national effort to educate 
                        commercial motor vehicle operators and 
                        passenger vehicle drivers about how such 
                        operators and drivers can more safely share the 
                        road with each other.
                          ``(ii) A program to promote enhanced traffic 
                        enforcement efforts aimed at reducing the 
                        incidence of the most common unsafe driving 
                        behaviors that cause or contribute to crashes 
                        involving commercial motor vehicles and 
                        passenger vehicles.
                          ``(iii) A program to establish a public-
                        private partnership to provide resources and 
                        expertise for the development and dissemination 
                        of information relating to sharing the road 
                        referred to in clauses (i) and (ii) to each 
                        partner's constituents and to the general 
                        public through the use of brochures, videos, 
                        paid and public advertisements, the Internet, 
                        and other media.''.

SEC. 6102. GRANT PROGRAMS.

  (a) Authorization of Appropriations.--There are authorized to be 
appropriated from the Highway Trust Fund (other than the Alternative 
Transportation Account) the following sums for the following Federal 
Motor Carrier Safety Administration programs:
          (1) Commercial driver's license program implementation 
        grants.--For commercial driver's license program implementation 
        grants under section 31313 of title 49, United States Code, 
        $30,000,000 for each of fiscal years 2013 through 2016.
          (2) Commercial vehicle information systems and networks 
        deployment.--For carrying out the commercial vehicle 
        information systems and networks deployment program under 
        section 4126 of SAFETEA-LU (119 Stat. 1738) $30,000,000 for 
        each of fiscal years 2013 through 2016.
  (b) Period of Availability.--The amounts made available under this 
section shall remain available until expended.
  (c) Initial Date of Availability.--Amounts authorized to be 
appropriated from the Highway Trust Fund (other than the Alternative 
Transportation Account) by this section shall be available for 
obligation on the date of their apportionment or allocation or on 
October 1 of the fiscal year for which they are authorized, whichever 
occurs first.
  (d) Contract Authority.--Approval by the Secretary of a grant with 
funds made available under this section imposes upon the United States 
a contractual obligation for payment of the Government's share of costs 
incurred in carrying out the objectives of the grant.

                        Subtitle B--Registration

SEC. 6201. REGISTRATION REQUIREMENTS.

  (a) General Requirements.--Section 13901 is amended to read as 
follows:

``Sec. 13901. Requirement for registration

  ``(a) In General.--A person may provide the following transportation 
or services only if the person is registered under this chapter to 
provide the transportation or service:
          ``(1) Transportation as a motor carrier subject to 
        jurisdiction under subchapter I of chapter 135.
          ``(2) Service as a freight forwarder subject to jurisdiction 
        under subchapter III of chapter 135.
          ``(3) Service as a broker for transportation subject to 
        jurisdiction under subchapter I of chapter 135.
  ``(b) Registration Numbers.--
          ``(1) In general.--If the Secretary registers a person under 
        this chapter to provide transportation or service, including as 
        a motor carrier, freight forwarder, or broker, the Secretary 
        shall issue a distinctive registration number to the person for 
        the transportation or service. In the case of a person 
        registered by the Secretary to provide more than one type of 
        transportation or service, the Secretary shall issue a separate 
        registration number to the person for each authority to provide 
        transportation or service.
          ``(2) Transportation or service type indicator.--A 
        registration number issued under paragraph (1) shall include an 
        indicator of the type of transportation or service for which 
        the registration number is issued, including whether the 
        registration number is issued for registration of a motor 
        carrier, freight forwarder, or broker.
  ``(c) Specification of Authority.--For each agreement to provide 
transportation or service for which registration is required under this 
chapter, the registrant shall specify, in writing, the authority under 
which the person is providing the transportation or service.''.
  (b) Availability of Information.--
          (1) In general.--Chapter 139 is amended by adding at the end 
        the following:

``Sec. 13909. Availability of information

  ``The Secretary shall make information relating to registration and 
financial security required by this chapter publicly available on the 
Internet, including--
          ``(1) the names and addresses of the principals of each 
        entity holding such registration;
          ``(2) the status of such registration; and
          ``(3) the electronic address of the entity's surety provider 
        for the submission of claims.''.
          (2) Conforming amendment.--The analysis for such chapter is 
        amended by adding at the end the following:

``13909. Availability of information.''.

SEC. 6202. MOTOR CARRIER REGISTRATION.

  (a) Motor Carrier Generally.--Section 13902(a) is amended--
          (1) by striking paragraph (1) and inserting the following:
          ``(1) In general.--Except as provided in this section, the 
        Secretary shall register a person to provide transportation 
        subject to jurisdiction under subchapter I of chapter 135 as a 
        motor carrier using self-propelled vehicles the motor carrier 
        owns, rents, or leases if the Secretary finds that the person--
                  ``(A) is willing and able to comply with--
                          ``(i) this part and the applicable 
                        regulations of the Secretary and the Board;
                          ``(ii) any safety regulations imposed by the 
                        Secretary;
                          ``(iii) the duties of employers and employees 
                        established by the Secretary under section 
                        31135;
                          ``(iv) the safety fitness requirements 
                        established by the Secretary under section 
                        31144;
                          ``(v) the accessibility requirements 
                        established by the Secretary under subpart H of 
                        part 37 of title 49, Code of Federal 
                        Regulations, or a successor regulation, for 
                        transportation provided by an over-the-road 
                        bus; and
                          ``(vi) the minimum financial responsibility 
                        requirements established by the Secretary 
                        pursuant to sections 13906 and 31138;
                  ``(B) has demonstrated, through successful completion 
                of a proficiency examination, to be developed by the 
                Secretary by regulation, knowledge of the requirements 
                and regulations described in subparagraph (A);
                  ``(C) has disclosed to the Secretary any relationship 
                involving common stock, common ownership, common 
                control, common management, or common familial 
                relationship between that person and any other motor 
                carrier in the 3-year period preceding the date of the 
                filing of the application for registration; and
                  ``(D) has been issued a Department of Transportation 
                number under section 31134.''; and
          (2) by adding at the end the following:
          ``(6) Separate registration required.--A motor carrier may 
        not broker transportation services unless the motor carrier has 
        registered as a broker under this chapter.''.
  (b) Enhanced Registration Procedures for Household Goods Motor 
Carriers.--
          (1) In general.--Section 13902(a)(2) is amended to read as 
        follows:
          ``(2) Registration for household goods motor carriers.--
                  ``(A) Additional requirements.--In addition to 
                meeting the requirements of paragraph (1), the 
                Secretary may register a person to provide 
                transportation of household goods as a household goods 
                motor carrier only after the person--
                          ``(i) provides evidence of participation in 
                        an arbitration program under section 14708 and 
                        provides a copy of the notice of the 
                        arbitration program as required by section 
                        14708(b)(2);
                          ``(ii) identifies the motor carrier's tariff 
                        and provides a copy of the notice of the 
                        availability of that tariff for inspection as 
                        required by section 13702(c);
                          ``(iii) provides evidence that the person has 
                        access to, has read, is familiar with, and will 
                        observe all applicable Federal laws relating to 
                        consumer protection, estimating, consumers' 
                        rights and responsibilities, and options for 
                        limitations of liability for loss and damage;
                          ``(iv) discloses any relationship involving 
                        common stock, common ownership, common control, 
                        common management, or common familial 
                        relationships between the person and any other 
                        motor carrier, freight forwarder, or broker of 
                        household goods within 3 years of the proposed 
                        date of registration;
                          ``(v) demonstrates that the person is willing 
                        and able to comply with the household goods 
                        consumer protection rules of the Secretary; and
                          ``(vi) demonstrates, through successful 
                        completion of a proficiency examination, to be 
                        developed by the Secretary by regulation, 
                        knowledge of the requirements and regulations 
                        described in this subparagraph.
                  ``(B) Household goods audits.--
                          ``(i) In general.--The Secretary shall 
                        require, by regulation, each registrant 
                        described in subparagraph (A) to undergo a 
                        household goods audit during the 180-day period 
                        beginning 1 year after the date of issuance of 
                        a provisional registration to the registrant.
                          ``(ii) Regulations.--
                                  ``(I) Deadline.--The Secretary shall 
                                issue regulations under clause (i) not 
                                later than 2 years after the date of 
                                enactment of the Motor Carrier Safety, 
                                Efficiency, and Accountability Act of 
                                2012.
                                  ``(II) Issuance of standards.--The 
                                regulations shall include standards for 
                                household goods audits.
                          ``(iii) Contents.--The Secretary shall ensure 
                        that the standards issued under clause (ii)(II) 
                        require evidence demonstrating that a 
                        registrant described in subparagraph (A)--
                                  ``(I) has consistently adhered to the 
                                household goods regulations of the 
                                Secretary;
                                  ``(II) has consistently adhered to 
                                the requirements of its tariff;
                                  ``(III) has not wrongfully withheld 
                                the household goods of a customer;
                                  ``(IV) has not had a pattern of 
                                substantiated customer service 
                                complaints filed against it; and
                                  ``(V) has complied with all relevant 
                                arbitration requirements.
                  ``(C) Corrective action plan.--
                          ``(i) In general.--If a registrant described 
                        in subparagraph (A) fails a household goods 
                        audit, the registrant may submit to the 
                        Secretary for approval a corrective action plan 
                        to address deficiencies identified in the 
                        audit. The registrant shall submit the plan 
                        during the 60-day period beginning on the date 
                        the registrant is notified of the results of 
                        the audit.
                          ``(ii) Deadline for approval or 
                        disapproval.--The Secretary shall approve or 
                        disapprove a corrective action plan submitted 
                        under clause (i) not later than 60 days after 
                        the date of submission of the plan.
                          ``(iii) Assessment of implementation of 
                        corrective action plan.--If the Secretary 
                        approves a corrective action plan submitted by 
                        a registrant under clause (i), the Secretary 
                        shall determine, during the 1-year period 
                        beginning on the date of such approval, whether 
                        the registrant has carried out the plan 
                        satisfactorily.
                  ``(D) Provisional registration.--
                          ``(i) In general.--Any registration issued 
                        under subparagraph (A) shall be designated as a 
                        provisional registration until the audit 
                        required by subparagraph (B) is completed.
                          ``(ii) Requirement for issuance of permanent 
                        registration.--A provisional registration 
                        issued to a registrant under subparagraph (A) 
                        shall become permanent after the registrant--
                                  ``(I) passes the household goods 
                                audit required under subparagraph (B); 
                                or
                                  ``(II) implements to the satisfaction 
                                of the Secretary a corrective action 
                                plan under subparagraph (C).
                          ``(iii) Revocation of provisional 
                        registration.--If a registrant fails a 
                        household goods audit required under 
                        subparagraph (B) or does not implement to the 
                        satisfaction of the Secretary a corrective 
                        action plan under subparagraph (C), the 
                        Secretary shall revoke the provisional 
                        registration of the registrant.
                  ``(E) Reapplying for registration.--
                          ``(i) In general.--Nothing in this paragraph 
                        permanently prohibits a person from reapplying 
                        for registration to provide transportation of 
                        household goods as a household goods motor 
                        carrier.
                          ``(ii) Limitation.--If the Secretary revokes 
                        the provisional registration of a person under 
                        this paragraph, the person shall be required to 
                        wait at least 1 year before reapplying for a 
                        registration to provide transportation of 
                        household goods as a household goods motor 
                        carrier.''.
          (2) Rulemaking.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall issue a final rule 
        establishing the proficiency examination referred to in section 
        13902(a)(2)(A)(vi) of title 49, United States Code, as amended 
        by paragraph (1).
  (c) Registration as Freight Forwarder or Broker Required.--Section 
13902 is amended--
          (1) by redesignating subsection (g) as subsection (h); and
          (2) by inserting after subsection (f) the following:
  ``(g) Registration as Freight Forwarder or Broker Required.--A motor 
carrier registered under this chapter--
          ``(1) may only provide transportation of property with--
                  ``(A) self-propelled motor vehicles owned or leased 
                by the motor carrier; or
                  ``(B) interchanges, as permitted under regulations 
                issued by the Secretary and subject to requirements 
                that the originating carrier physically transports the 
                cargo at some point and retains liability for the cargo 
                and payment of interchanged carriers; and
          ``(2) may not arrange such transportation unless the motor 
        carrier has obtained a separate registration as a freight 
        forwarder or broker for transportation under section 13903 or 
        13904, as the case may be.''.

SEC. 6203. REGISTRATION OF FREIGHT FORWARDERS AND BROKERS.

  (a) Registration of Freight Forwarders.--Section 13903 is amended to 
read as follows:

``Sec. 13903. Registration of freight forwarders

  ``(a) In General.--The Secretary shall register a person to provide 
service subject to jurisdiction under subchapter III of chapter 135 as 
a freight forwarder if the Secretary finds that the person--
          ``(1) is qualified by experience to act as a freight 
        forwarder; and
          ``(2) is fit, willing, and able to provide the service and to 
        comply with this part and applicable regulations of the 
        Secretary.
  ``(b) Financial Security Requirements.--A registration issued under 
subsection (a) shall remain in effect only as long as the freight 
forwarder is in compliance with section 13906(c).
  ``(c) Experience or Training Requirement.--A freight forwarder shall 
employ, as an officer, an individual who--
          ``(1) has at least 3 years of relevant experience; or
          ``(2) provides the Secretary with satisfactory evidence of 
        completion of relevant training.
  ``(d) Registration as Motor Carrier Required.--A freight forwarder 
may not provide transportation as a motor carrier unless the freight 
forwarder has registered separately under this chapter to provide 
transportation as a motor carrier.''.
  (b) Registration of Brokers.--Section 13904 is amended to read as 
follows:

``Sec. 13904. Registration of brokers

  ``(a) In General.--The Secretary shall register a person to be a 
broker for transportation of property subject to jurisdiction under 
subchapter I of chapter 135, if the Secretary finds that the person--
          ``(1) is qualified by experience to act as a broker for 
        transportation; and
          ``(2) is fit, willing, and able to be a broker for 
        transportation and to comply with this part and applicable 
        regulations of the Secretary.
  ``(b) Financial Security Requirements.--A registration issued under 
subsection (a) shall remain in effect only as long as the broker for 
transportation is in compliance with section 13906(b).
  ``(c) Experience or Training Requirement.--A broker shall employ, as 
an officer, an individual who--
          ``(1) has at least 3 years of relevant experience; or
          ``(2) provides the Secretary with satisfactory evidence of 
        completion of relevant training.
  ``(d) Registration as Motor Carrier Required.--
          ``(1) In general.--A broker for transportation may not 
        provide transportation as a motor carrier unless the broker has 
        registered separately under this chapter to provide 
        transportation as a motor carrier.
          ``(2) Limitation.--This subsection does not apply to a motor 
        carrier registered under this chapter or to an employee or 
        agent of the motor carrier to the extent the transportation is 
        to be provided entirely by the motor carrier.
  ``(e) Regulations To Protect Motor Carriers and Shippers.--
Regulations of the Secretary applicable to brokers registered under 
this section shall provide for the protection of motor carriers and 
shippers by motor vehicle.
  ``(f) Bond and Insurance.--The Secretary may impose on brokers for 
motor carriers of passengers such requirements for bonds or insurance 
(or both) as the Secretary determines are needed to protect passengers 
and carriers dealing with such brokers.''.

SEC. 6204. EFFECTIVE PERIODS OF REGISTRATION.

  Section 13905(c) is amended to read as follows:
  ``(c) Effective Period.--
          ``(1) In general.--Except as provided in this part, each 
        registration issued under section 13902, 13903, or 13904 shall 
        be effective from the date specified by the Secretary and shall 
        remain in effect for such period as the Secretary determines 
        appropriate by regulation.
          ``(2) Reissuance of registration.--Not later than 4 years 
        after the date of enactment of the Motor Carrier Safety, 
        Efficiency, and Accountability Act of 2012, the Secretary shall 
        require a freight forwarder or broker to renew its registration 
        issued under this chapter. Such registration shall expire not 
        later than 5 years after the date of such renewal and may be 
        further renewed as provided under this chapter.
          ``(3) Requirement for information update.--
                  ``(A) In general.--The Secretary shall require a 
                motor carrier, freight forwarder, or broker to update 
                its registration information under this chapter within 
                30 days of any change in address, other contact 
                information, officers, process agent, or other 
                essential information as determined by the Secretary 
                and published in the Federal Register.
                  ``(B) Motor carriers of passengers.--In addition to 
                the requirements of subparagraph (A), the Secretary 
                shall require a motor carrier of passengers to update 
                its registration information, including numbers of 
                vehicles, annual mileage, and individuals responsible 
                for compliance with Federal safety regulations 
                quarterly for the first 2 years after being issued a 
                registration under section 13902.''.

SEC. 6205. REINCARNATED CARRIERS.

  (a) Denials, Suspensions, Amendments, and Revocations.--Section 
13905(d) is amended--
          (1) by redesignating paragraph (2) as paragraph (4);
          (2) by striking paragraph (1) and inserting the following:
          ``(1) Applications.--On application of the registrant, the 
        Secretary may deny, suspend, amend, or revoke a registration.
          ``(2) Complaints and actions on secretary's own initiative.--
        On complaint or on the Secretary's own initiative and after 
        notice and an opportunity for a proceeding, the Secretary may--
                  ``(A) deny, suspend, amend, or revoke any part of the 
                registration of a motor carrier, broker, or freight 
                forwarder for willful failure to comply with--
                          ``(i) this part;
                          ``(ii) an applicable regulation or order of 
                        the Secretary or the Board, including the 
                        accessibility requirements established by the 
                        Secretary under subpart H of part 37 of title 
                        49, Code of Federal Regulations, or a successor 
                        regulation, for transportation provided by an 
                        over-the-road bus; or
                          ``(iii) a condition of its registration;
                  ``(B) deny, suspend, amend, or revoke any part of the 
                registration of a motor carrier, broker, or freight 
                forwarder for failure to--
                          ``(i) pay a civil penalty imposed under 
                        chapter 5, 51, 149, or 311 of this title; or
                          ``(ii) arrange and abide by an acceptable 
                        payment plan for such civil penalty, within 90 
                        days of the time specified by order of the 
                        Secretary for the payment of such penalty; and
                  ``(C) deny, suspend, amend, or revoke any part of a 
                registration of a motor carrier following a 
                determination by the Secretary that the motor carrier 
                failed to disclose in its application for registration 
                a material fact relevant to its willingness and ability 
                to comply with--
                          ``(i) this part;
                          ``(ii) an applicable regulation or order of 
                        the Secretary or the Board; or
                          ``(iii) a condition of its registration.
          ``(3) Limitation.--Paragraph (2)(B) shall not apply to any 
        person who is unable to pay a civil penalty because such person 
        is a debtor in a case under chapter 11 of title 11.''; and
          (3) in paragraph (4) (as redesignated by paragraph (1)) by 
        striking ``paragraph (1)(B)'' and inserting ``paragraph 
        (2)(B)''.
  (b) Procedure.--Section 13905(e) is amended by inserting ``or if the 
Secretary determines that the registrant has failed to disclose a 
material fact in an application for registration in accordance with 
subsection (d)(2)(C)'' before the first comma.
  (c) Duties of Employers and Employees.--Section 31135 is amended--
          (1) by redesignating subsection (d) as subsection (e); and
          (2) by inserting after subsection (c) the following:
  ``(d) Avoiding Compliance.--
          ``(1) In general.--Two or more employers shall not use common 
        ownership, common management, common control, or common 
        familial relationship to enable any or all such employers to 
        avoid compliance, or mask or otherwise conceal noncompliance, 
        or a history of noncompliance, with commercial motor vehicle 
        safety regulations issued under this subchapter or an order of 
        the Secretary issued under this subchapter or such regulations.
          ``(2) Penalty.--If the Secretary determines that actions 
        described in the preceding sentence have occurred, the 
        Secretary shall--
                  ``(A) deny, suspend, amend, or revoke all or part of 
                any such employer's registration under sections 13905 
                and 31134; and
                  ``(B) take into account such noncompliance for 
                purposes of determining civil penalty amounts under 
                section 521(b)(2)(D).''.
  (d) Information Systems.--Section 31106(a)(3) is amended--
          (1) in subparagraph (F) by striking ``and'' at the end;
          (2) in subparagraph (G) by striking the period at the end and 
        inserting ``; and''; and
          (3) by adding at the end the following:
                  ``(H) determine whether a motor carrier is or has 
                been related, through common stock, common ownership, 
                common control, common management, or common familial 
                relationship to any other motor carrier.''.

SEC. 6206. FINANCIAL SECURITY OF BROKERS AND FREIGHT FORWARDERS.

  (a) In General.--Section 13906 is amended by striking subsections (b) 
and (c) and inserting the following:
  ``(b) Broker Financial Security Requirements.--
          ``(1) Requirements.--
                  ``(A) In general.--The Secretary may register a 
                person as a broker under section 13904 only if the 
                person files with the Secretary a surety bond, proof of 
                trust fund, or other financial security, or a 
                combination thereof, in a form and amount, and from a 
                provider, determined by the Secretary to be adequate to 
                ensure financial responsibility.
                  ``(B) Use of a group surety bond, trust fund, or 
                other surety.--In implementing the standards 
                established by subparagraph (A), the Secretary may 
                authorize the use of a group surety bond, trust fund, 
                or other financial security, or a combination thereof, 
                that meets the requirements of this subsection.
                  ``(C) Surety bonds.--A surety bond obtained under 
                this section may only be obtained from a bonding 
                company that has been approved by the Secretary of the 
                Treasury.
                  ``(D) Proof of trust or other financial security.--
                For purposes of subparagraph (A), a trust fund or other 
                financial security may be acceptable to the Secretary 
                only if the trust fund or other financial security 
                consists of assets readily available to pay claims 
                without resort to personal guarantees or collection of 
                pledged accounts receivable.
          ``(2) Scope of financial responsibility.--
                  ``(A) Payment of claims.--A surety bond, trust fund, 
                or other financial security obtained under paragraph 
                (1) shall be available to pay any claim against a 
                broker arising from its failure to pay freight charges 
                under its contracts, agreements, or arrangements for 
                transportation subject to jurisdiction under chapter 
                135 if--
                          ``(i) subject to the review by the surety 
                        provider, the broker consents to the payment;
                          ``(ii) in the case the broker does not 
                        respond to adequate notice to address the 
                        validity of the claim, the surety provider 
                        determines the claim is valid; or
                          ``(iii) the claim is not resolved within a 
                        reasonable period of time following a 
                        reasonable attempt by the claimant to resolve 
                        the claim under clauses (i) and (ii) and the 
                        claim is reduced to a judgment against the 
                        broker.
                  ``(B) Response of surety providers to claims.--If a 
                surety provider receives notice of a claim described in 
                subparagraph (A), the surety provider shall--
                          ``(i) respond to the claim on or before the 
                        30th day following receipt of the notice; and
                          ``(ii) in the case of a denial, set forth in 
                        writing for the claimant the grounds for the 
                        denial.
                  ``(C) Costs and attorneys fees.--In any action 
                against a surety provider to recover on a claim 
                described in subparagraph (A), the prevailing party 
                shall be entitled to recover its reasonable costs and 
                attorneys fees.
          ``(3) Minimum financial security.--A broker subject to the 
        requirements of this section shall provide financial security 
        of $100,000, regardless of the number of branch offices or 
        sales agents of the broker.
          ``(4) Cancellation notice.--If a financial security required 
        under this subsection is canceled--
                  ``(A) the holder of the financial security shall 
                provide electronic notification to the Secretary of the 
                cancellation not later than 30 days before the 
                effective date of the cancellation; and
                  ``(B) the Secretary shall immediately post such 
                notification on the public Internet Web site of the 
                Department of Transportation.
          ``(5) Suspension.--The Secretary shall immediately suspend 
        the registration of a broker issued under this chapter if the 
        available financial security of the broker falls below the 
        amount required under this subsection.
          ``(6) Payment of claims in cases of financial failure or 
        insolvency.--If a broker registered under this chapter 
        experiences financial failure or insolvency, the surety 
        provider of the broker shall--
                  ``(A) submit a notice to cancel the financial 
                security to the Administrator in accordance with 
                paragraph (4);
                  ``(B) publicly advertise for claims for 60 days 
                beginning on the date of publication by the Secretary 
                of the notice to cancel the financial security; and
                  ``(C) pay, not later than 30 days after the 
                expiration of the 60-day period for submission of 
                claims--
                          ``(i) all uncontested claims received during 
                        such period; or
                          ``(ii) a pro rata share of such claims if the 
                        total amount of such claims exceeds the 
                        financial security available.
          ``(7) Penalties.--
                  ``(A) Civil actions.--Either the Secretary or the 
                Attorney General may bring a civil action in an 
                appropriate district court of the United States to 
                enforce the requirements of this subsection or a 
                regulation prescribed or order issued under this 
                subsection. The court may award appropriate relief, 
                including injunctive relief.
                  ``(B) Civil penalties.--If the Secretary determines, 
                after notice and opportunity for a hearing, that a 
                surety provider of a broker registered under this 
                chapter has violated the requirements of this 
                subsection or a regulation prescribed under this 
                subsection, the surety provider shall be liable to the 
                United States for a civil penalty in an amount not to 
                exceed $10,000.
                  ``(C) Eligibility.--If the Secretary determines, 
                after notice and opportunity for a hearing, that a 
                surety provider of a broker registered under this 
                chapter has violated the requirements of this 
                subsection or a regulation prescribed under this 
                subsection, the surety provider shall be ineligible to 
                provide the financial security of a broker for 5 years.
          ``(8) Deduction of costs prohibited.--The amount of the 
        financial security required under this subsection may not be 
        reduced by deducting attorney's fees or administrative costs.
          ``(9) Financial security amount assessment.--Every 5 years, 
        the Secretary shall review, with public notice and comment, the 
        amounts of the financial security required under this 
        subsection to determine whether the amounts are sufficient to 
        provide adequate financial security, and shall be authorized to 
        increase the amounts, if necessary, based upon that 
        determination.
  ``(c) Freight Forwarder Financial Security Requirements.--
          ``(1) Requirements.--
                  ``(A) In general.--The Secretary may register a 
                person as a freight forwarder under section 13903 only 
                if the person files with the Secretary a surety bond, 
                proof of trust fund, or other financial security, or a 
                combination thereof, in a form and amount, and from a 
                provider, determined by the Secretary to be adequate to 
                ensure financial responsibility.
                  ``(B) Use of a group surety bond, trust fund, or 
                other financial security.--In implementing the 
                standards established by subparagraph (A), the 
                Secretary may authorize the use of a group surety bond, 
                trust fund, or other financial security, or a 
                combination thereof, that meets the requirements of 
                this subsection.
                  ``(C) Surety bonds.--A surety bond obtained under 
                this section may only be obtained from a bonding 
                company that has been approved by the Secretary of the 
                Treasury.
                  ``(D) Proof of trust or other financial security.--
                For purposes of subparagraph (A), a trust fund or other 
                financial security may be acceptable to the Secretary 
                only if the trust fund or other financial security 
                consists of assets readily available to pay claims 
                without resort to personal guarantees or collection of 
                pledged accounts receivable.
          ``(2) Scope of financial responsibility.--
                  ``(A) Payment of claims.--A surety bond, trust fund, 
                or other financial security obtained under paragraph 
                (1) shall be available to pay any claim against a 
                freight forwarder arising from its failure to pay 
                freight charges under its contracts, agreements, or 
                arrangements for transportation subject to jurisdiction 
                under chapter 135 if--
                          ``(i) subject to the review by the surety 
                        provider, the freight forwarder consents to the 
                        payment;
                          ``(ii) in the case the freight forwarder does 
                        not respond to adequate notice to address the 
                        validity of the claim, the surety provider 
                        determines the claim is valid; or
                          ``(iii) the claim is not resolved within a 
                        reasonable period of time following a 
                        reasonable attempt by the claimant to resolve 
                        the claim under clauses (i) and (ii) and the 
                        claim is reduced to a judgment against the 
                        freight forwarder.
                  ``(B) Response of surety providers to claims.--If a 
                surety provider receives notice of a claim described in 
                subparagraph (A), the surety provider shall--
                          ``(i) respond to the claim on or before the 
                        30th day following receipt of the notice; and
                          ``(ii) in the case of a denial, set forth in 
                        writing for the claimant the grounds for the 
                        denial.
                  ``(C) Costs and attorneys fees.--In any action 
                against a surety provider to recover on a claim 
                described in subparagraph (A), the prevailing party 
                shall be entitled to recover its reasonable costs and 
                attorneys fees.
          ``(3) Freight forwarder insurance.--
                  ``(A) In general.--The Secretary may register a 
                person as a freight forwarder under section 13903 only 
                if the person files with the Secretary a surety bond, 
                insurance policy, or other type of financial security 
                that meets standards to be prescribed by the Secretary.
                  ``(B) Liability insurance.--A financial security 
                filed by a freight forwarder under subparagraph (A) 
                shall be sufficient to pay an amount, not to exceed the 
                amount of the financial security, for each final 
                judgment against the freight forwarder for--
                          ``(i) bodily injury to, or death of, an 
                        individual, or
                          ``(ii) loss of, or damage to, property (other 
                        than property referred to in subparagraph (C)),
                resulting from the negligent operation, maintenance, or 
                use of motor vehicles by, or under the direction and 
                control of, the freight forwarder when providing 
                transfer, collection, or delivery service under this 
                part.
                  ``(C) Cargo insurance.--The Secretary may require a 
                registered freight forwarder to file with the Secretary 
                a surety bond, insurance policy, or other type of 
                financial security approved by the Secretary that will 
                pay an amount, not to exceed the amount of the 
                financial security, for loss of, or damage to, property 
                for which the freight forwarder provides service.
          ``(4) Minimum financial security.--Each freight forwarder 
        subject to the requirements of this section shall provide 
        financial security of $100,000, regardless of the number of 
        branch offices or sales agents of the freight forwarder.
          ``(5) Cancellation notice.--If a financial security required 
        under this subsection is canceled--
                  ``(A) the holder of the financial security shall 
                provide electronic notification to the Secretary of the 
                cancellation not later than 30 days before the 
                effective date of the cancellation; and
                  ``(B) the Secretary shall immediately post such 
                notification on the public Internet Web site of the 
                Department of Transportation.
          ``(6) Suspension.--The Secretary shall immediately suspend 
        the registration of a freight forwarder issued under this 
        chapter if the available financial security of the freight 
        forwarder falls below the amount required under this 
        subsection.
          ``(7) Payment of claims in cases of financial failure or 
        insolvency.--If a freight forwarder registered under this 
        chapter experiences financial failure or insolvency, the surety 
        provider of the freight forwarder shall--
                  ``(A) submit a notice to cancel the financial 
                security to the Administrator in accordance with 
                paragraph (5);
                  ``(B) publicly advertise for claims for 60 days 
                beginning on the date of publication by the Secretary 
                of the notice to cancel the financial security; and
                  ``(C) pay, not later than 30 days after the 
                expiration of the 60-day period for submission of 
                claims--
                          ``(i) all uncontested claims received during 
                        such period; or
                          ``(ii) a pro rata share of such claims if the 
                        total amount of such claims exceeds the 
                        financial security available.
          ``(8) Penalties.--
                  ``(A) Civil actions.--Either the Secretary or the 
                Attorney General may bring a civil action in an 
                appropriate district court of the United States to 
                enforce the requirements of this subsection or a 
                regulation prescribed or order issued under this 
                subsection. The court may award appropriate relief, 
                including injunctive relief.
                  ``(B) Civil penalties.--If the Secretary determines, 
                after notice and opportunity for a hearing, that a 
                surety provider of a freight forwarder registered under 
                this chapter has violated the requirements of this 
                subsection or a regulation prescribed under this 
                subsection, the surety provider shall be liable to the 
                United States for a civil penalty in an amount not to 
                exceed $10,000.
                  ``(C) Eligibility.--If the Secretary determines, 
                after notice and opportunity for a hearing, that a 
                surety provider of a freight forwarder registered under 
                this chapter has violated the requirements of this 
                subsection or a regulation prescribed under this 
                subsection, the surety provider shall be ineligible to 
                provide the financial security of a freight forwarder 
                for 5 years.
          ``(9) Deduction of costs prohibited.--The amount of the 
        financial security required under this subsection may not be 
        reduced by deducting attorney's fees or administrative costs.
          ``(10) Financial security and insurance amount assessment.--
        Every 5 years, the Secretary shall review, with public notice 
        and comment, the amounts of the financial security and 
        insurance required under this subsection to determine whether 
        the amounts are sufficient to provide adequate financial 
        security, and shall be authorized to increase the amounts, if 
        necessary, based upon that determination.''.
  (b) Rulemaking.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall issue regulations to implement and 
enforce the requirements of subsections (b) and (c) of section 13906 of 
title 49, United States Code, as amended by subsection (a).
  (c) Effective Date.--The amendments made by subsection (a) shall take 
effect on the date that is 1 year after the date of enactment of this 
Act.
  (d) Review of Security Requirements.--Not later than 15 months after 
the date of enactment of this Act, the Inspector General of the 
Department of Transportation shall--
          (1) review the regulations and enforcement practices of the 
        Secretary under subsections (b) and (c) of section 13906 of 
        title 49, United States Code, as amended by this Act; and
          (2) make any recommendations to the Secretary that may be 
        necessary to improve the enforcement of such regulations.

SEC. 6207. REGISTRATION FEE SYSTEM.

  Section 13908(d)(1) is amended by striking ``but shall not exceed 
$300''.

SEC. 6208. UNLAWFUL BROKERAGE ACTIVITIES.

  (a) In General.--Chapter 149 is amended by adding at the end the 
following:

``Sec. 14916. Unlawful brokerage activities

  ``(a) Prohibited Activities.--A person may provide interstate 
brokerage services as a broker only if the person--
          ``(1) is registered under, and in compliance with, section 
        13904; and
          ``(2) has satisfied the financial security requirements under 
        section 13906.
  ``(b) Exceptions.--Subsection (a) shall not apply to--
          ``(1) a non-vessel-operating common carrier (as defined in 
        section 40102 of title 46);
          ``(2) an ocean freight forwarder (as defined in section 40102 
        of title 46);
          ``(3) a customs broker licensed in accordance with section 
        111.2 of title 19, Code of Federal Regulations; or
          ``(4) an indirect air carrier holding a Standard Security 
        Program approved by the Transportation Security Administration,
when arranging for inland transportation as part of an international 
through movement involving ocean transportation between the United 
States and a foreign port.
  ``(c) Civil Penalties and Private Cause of Action.--Any person who 
knowingly authorizes, consents to, or permits, directly or indirectly, 
either alone or in conjunction with any other person, a violation of 
subsection (a) is liable--
          ``(1) to the United States Government for a civil penalty in 
        an amount not to exceed $10,000 for each violation; and
          ``(2) to the injured party for all valid claims incurred 
        without regard to amount.
  ``(d) Liable Parties.--The liability for civil penalties and for 
claims under this section for unauthorized brokering shall apply, 
jointly and severally--
          ``(1) to any corporate entity or partnership involved; and
          ``(2) to the individual officers, directors, and principals 
        of such entities.''.
  (b) Clerical Amendment.--The analysis for such chapter is amended by 
adding at the end the following:

``14916. Unlawful brokerage activities.''.

SEC. 6209. REQUIREMENT FOR REGISTRATION AND USDOT NUMBER.

  (a) In General.--Subchapter III of chapter 311 is amended by 
inserting after section 31133 the following:

``Sec. 31134. Requirement for registration and Department of 
                    Transportation number

  ``(a) In General.--An employer or an employee of the employer may 
operate a commercial motor vehicle in interstate commerce only if the 
Secretary of Transportation registers the employer under this section 
and issues the employer a Department of Transportation number.
  ``(b) Registration.--Upon application for registration and a 
Department of Transportation number under this section, the Secretary 
shall register the employer if the Secretary determines that--
          ``(1) the employer is willing and able to comply with the 
        requirements of this subchapter and chapter 51 if applicable; 
        and
          ``(2)(A) during the 3-year period before the date of the 
        filing of the application, the employer was not related through 
        common stock, common ownership, common control, common 
        management, or common familial relationship to any other person 
        subject to safety regulations under this subchapter who, during 
        such 3-year period, was unwilling or unable to comply with the 
        requirements of this subchapter or chapter 51 if applicable; or
          ``(B) the employer has disclosed to the Secretary any 
        relationship involving common stock, common ownership, common 
        control, common management, or common familial relationship 
        between that person and any other motor carrier.
  ``(c) Revocation or Suspension.--The Secretary shall revoke or 
suspend the registration of an employer issued under subsection (b) if 
the Secretary determines that--
          ``(1) the authority of the employer to operate as a motor 
        carrier, freight forwarder, or broker pursuant to chapter 139 
        is revoked or suspended under section 13905(d)(1) or 13905(f); 
        or
          ``(2) the employer has willfully failed to comply with the 
        requirements for registration set forth in subsection (b).
  ``(d) Commercial Registration.--An employer registered under this 
section may not provide transportation subject to jurisdiction under 
subchapter I of chapter 135 unless the employer is also registered 
under section 13902 to provide such transportation.
  ``(e) State Authority.--Nothing in this section shall be construed as 
affecting the authority of a State to issue a Department of 
Transportation number under State law to a person operating in 
intrastate commerce.''.
  (b) Clerical Amendment.--The analysis for chapter 311 is amended by 
inserting after the item relating to section 31133 the following:

``31134. Requirement for registration and Department of Transportation 
number.''.

              Subtitle C--Commercial Motor Vehicle Safety

SEC. 6301. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.

  (a) General Authority.--Section 31102 is amended to read as follows:

``Sec. 31102. Motor carrier safety assistance program

  ``(a) General Authority.--The Secretary of Transportation shall 
administer a motor carrier safety assistance program to assist States 
with--
          ``(1) the development or implementation of programs for 
        improving motor carrier safety; and
          ``(2) the enforcement of Federal regulations, standards, and 
        orders (and compatible State regulations, standards, and 
        orders) on--
                  ``(A) commercial motor vehicle safety; and
                  ``(B) hazardous materials transportation safety.
  ``(b) State Plans.--
          ``(1) Procedures.--The Secretary shall prescribe procedures 
        for a State to participate in the program, including procedures 
        under which the State shall submit a plan, in writing, to the 
        Secretary in which the State agrees--
                  ``(A) to assume responsibility for improving motor 
                carrier safety in the State; and
                  ``(B) to adopt and enforce Federal regulations, 
                standards, and orders (and compatible State 
                regulations, standards, and orders) on--
                          ``(i) commercial motor vehicle safety; and
                          ``(ii) hazardous materials transportation 
                        safety.
          ``(2) Contents.--A plan submitted by a State under paragraph 
        (1) shall--
                  ``(A) provide for implementation of performance-based 
                activities, including deployment of technology, to 
                enhance the efficiency and effectiveness of commercial 
                motor vehicle safety programs;
                  ``(B) provide for implementation of a border 
                commercial motor vehicle safety program and related 
                enforcement activities if the State shares a land 
                border with another country;
                  ``(C) designate a State motor vehicle safety agency 
                (in this paragraph referred to as the `designated State 
                agency') responsible for administering the plan 
                throughout the State;
                  ``(D) provide satisfactory assurances that the 
                designated State agency has or will have the legal 
                authority, resources, and qualified personnel necessary 
                to enforce the regulations, standards, and orders;
                  ``(E) provide satisfactory assurances that the State 
                will devote adequate amounts to the administration of 
                the plan and enforcement of the regulations, standards, 
                and orders;
                  ``(F) provide a right of entry and inspection to 
                carry out the plan;
                  ``(G) provide that all reports required under this 
                section be submitted to the designated State agency and 
                that the designated State agency will make the reports 
                available to the Secretary on request;
                  ``(H) provide that the designated State agency will 
                adopt the reporting requirements and use the forms for 
                recordkeeping, inspections, and investigations the 
                Secretary prescribes;
                  ``(I) require registrants of commercial motor 
                vehicles to make a declaration of knowledge of 
                applicable safety regulations, standards, and orders of 
                the Government and the State;
                  ``(J) provide that the State will grant maximum 
                reciprocity for inspections conducted under the North 
                American Inspection Standard through the use of a 
                nationally accepted system that allows ready 
                identification of previously inspected commercial motor 
                vehicles;
                  ``(K) ensure that activities described in subsection 
                (f)(3)(B), if financed with grants under this section, 
                will not diminish the effectiveness of the development 
                and implementation of commercial motor vehicle safety 
                programs described in subsection (a);
                  ``(L) ensure that the designated State agency will 
                coordinate the plan, data collection, and information 
                systems with State highway safety programs under title 
                23;
                  ``(M) ensure participation in appropriate Federal 
                Motor Carrier Safety Administration information systems 
                and other information systems by all appropriate 
                jurisdictions receiving funding under this section;
                  ``(N) provide satisfactory assurances that the State 
                is willing and able to exchange information with other 
                States in a timely manner;
                  ``(O) provide satisfactory assurances that the State 
                will undertake efforts that will emphasize and improve 
                enforcement of State and local traffic safety laws and 
                regulations related to commercial motor vehicle safety;
                  ``(P) provide satisfactory assurances that the State 
                will promote activities in support of national 
                priorities, including--
                          ``(i) activities aimed at removing impaired 
                        commercial motor vehicle drivers from the 
                        highways of the United States--
                                  ``(I) through adequate enforcement of 
                                regulations on the use of alcohol and 
                                controlled substances; and
                                  ``(II) by ensuring ready roadside 
                                access to alcohol detection and 
                                measuring equipment;
                          ``(ii) activities aimed at providing an 
                        appropriate level of training to State motor 
                        carrier safety assistance program officers and 
                        employees on recognizing drivers impaired by 
                        alcohol or controlled substances; and
                          ``(iii) interdiction activities affecting the 
                        transportation of controlled substances by 
                        commercial motor vehicle drivers and training 
                        on appropriate strategies for carrying out 
                        those interdiction activities;
                  ``(Q) provide satisfactory assurances that the State 
                has established a program to ensure that--
                          ``(i) accurate, complete, and timely motor 
                        carrier safety data is collected and reported 
                        to the Secretary; and
                          ``(ii) the State will participate in a 
                        national motor carrier safety data correction 
                        system prescribed by the Secretary;
                  ``(R) ensure that the State will cooperate in the 
                enforcement of financial responsibility requirements 
                under sections 13906, 31138, and 31139 and regulations 
                issued thereunder;
                  ``(S) ensure consistent, effective, and reasonable 
                sanctions;
                  ``(T) ensure that roadside inspections will be 
                conducted at a location that is adequate to protect the 
                safety of drivers and enforcement personnel;
                  ``(U) provide satisfactory assurances that the State 
                will include, in the training manual for the licensing 
                examination to drive a noncommercial motor vehicle and 
                a commercial motor vehicle, information on best 
                practices for driving safely in the vicinity of 
                noncommercial and commercial motor vehicles;
                  ``(V) provide satisfactory assurances that the State 
                will enforce the registration requirements of sections 
                13902 and 31134 by prohibiting the operation of any 
                vehicle discovered to be operated by a motor carrier--
                          ``(i) without a registration issued under 
                        such sections; or
                          ``(ii) beyond the scope of such registration;
                  ``(W) provide satisfactory assurances that the State 
                will conduct comprehensive and highly visible traffic 
                enforcement and commercial motor vehicle safety 
                inspection programs in high-risk locations and 
                corridors; and
                  ``(X) provide for implementation of activities to 
                monitor the safety performance of motor carriers of 
                passengers, including inspections of commercial motor 
                vehicles designed or used to transport passengers; 
                except that roadside inspections must be conducted at a 
                station, terminal, border crossing, maintenance 
                facility, destination, or other location where a motor 
                carrier may make a planned stop, except in the case of 
                an imminent or obvious safety hazard.
          ``(3) Maintenance of effort.--
                  ``(A) In general.--A plan submitted by a State under 
                this subsection shall provide that the total 
                expenditure of amounts of the State and political 
                subdivisions of the State (not including amounts of the 
                United States) for commercial motor vehicle safety 
                programs and for enforcement of commercial motor 
                vehicle size and weight limitations, drug interdiction, 
                and State traffic safety laws and regulations under 
                subsection (f) will be maintained at a level at least 
                equal to the average level of that expenditure for the 
                3 most recent fiscal years ending before the date of 
                enactment of the Motor Carrier Safety, Efficiency, and 
                Accountability Act of 2012.
                  ``(B) Calculating state expenditures.--In calculating 
                the average level of State expenditure, the Secretary--
                          ``(i) may allow the State to exclude State 
                        expenditures for Government-sponsored 
                        demonstration or pilot programs; and
                          ``(ii) shall require the State to exclude 
                        Government amounts.
  ``(c) Guidance and Standards.--
          ``(1) In general.--Not later than October 1, 2013, the 
        Secretary shall--
                  ``(A) develop guidance on the effectiveness of 
                specific enforcement and related activities in 
                generating reductions in fatalities and crashes 
                involving commercial motor vehicles; and
                  ``(B) publish standards for data timeliness, 
                accuracy, and completeness that will allow States to 
                meet the objectives of this section and that are 
                consistent with the standards issued under section 
                31106(a)(4).
          ``(2) Optimization of allocations.--The Secretary shall 
        develop a tool for States to optimize allocations of motor 
        carrier safety resources to carry out enforcement and related 
        activities to meet the objectives of this section.
          ``(3) Updates of guidance.--The Secretary shall update the 
        guidance issued under paragraph (1)(A) periodically to reflect 
        new information.
  ``(d) Performance Measures.--
          ``(1) State targets.--For fiscal year 2014, and each fiscal 
        year thereafter, each State, in the plan submitted by that 
        State under subsection (b), shall--
                  ``(A) establish targets, in quantifiable metrics, for 
                enforcement activities, data quality, and other 
                benchmarks to reduce fatalities and crashes involving 
                commercial motor vehicles;
                  ``(B) select target activities in accordance with the 
                Secretary's latest guidance to ensure States pursue 
                activities likely to generate maximum fatality and 
                crash reduction; and
                  ``(C) meet the standards for data published by the 
                Secretary under subsection (c)(1)(B).
          ``(2) Annual updates of state plans.--A State shall--
                  ``(A) update its plan under subsection (b) annually 
                to establish targets for the following fiscal year; and
                  ``(B) submit the updated plan to the Secretary.
          ``(3) Requirements for targets.--If a State receives an 
        increase in grant funds under this section in a fiscal year as 
        compared to the previous fiscal year, the targets established 
        by the State under paragraph (1) for the fiscal year shall 
        exceed the levels achieved by the State in the previous fiscal 
        year.
          ``(4) State reports.--
                  ``(A) Information on fatalities and crashes involving 
                commercial motor vehicles.--Under the motor carrier 
                safety assistance program, a State shall report to the 
                Secretary the number and rate of fatalities and crashes 
                involving commercial motor vehicles occurring in the 
                State in the previous fiscal year.
                  ``(B) Other information.--A State shall include in 
                the report required under subparagraph (A) information 
                on commercial motor vehicles registered in the State 
                and involved in crashes in such fiscal year and any 
                other information requested by the Secretary.
          ``(5) Assessments.--As part of the annual plan approval 
        process under subsection (e), the Secretary shall assess 
        whether--
                  ``(A) a State met its targets in the previous fiscal 
                year; and
                  ``(B) targeted activities are reducing fatalities and 
                crashes involving commercial motor vehicles.
  ``(e) Plan Review.--
          ``(1) Approval process.--Before distributing grant funds 
        under subsection (f) in a fiscal year, the Secretary shall--
                  ``(A) review each State plan submitted to the 
                Secretary under subsection (b), as updated by the State 
                under subsection (d); and
                  ``(B)(i) approve the plan if the Secretary determines 
                that the plan is adequate to promote the objectives of 
                this section; or
                  ``(ii) disapprove the plan.
          ``(2) Resubmittal.--If the Secretary disapproves a plan under 
        this subsection, the Secretary shall--
                  ``(A) give the State a written explanation; and
                  ``(B) allow the State to modify and resubmit the plan 
                for approval.
          ``(3) Continuous evaluation of plans.--
                  ``(A) In general.--On the basis of reports submitted 
                by the motor vehicle safety agency of a State with a 
                plan approved under this subsection and the Secretary's 
                own investigations, the Secretary shall make a 
                continuing evaluation of the way the State is carrying 
                out the plan.
                  ``(B) Withdrawal of approval.--
                          ``(i) In general.--If the Secretary finds, 
                        after notice and opportunity for comment, a 
                        State plan previously approved under this 
                        subsection is not being followed or has become 
                        inadequate to ensure enforcement of the 
                        regulations, standards, or orders, the 
                        Secretary shall withdraw approval of the plan 
                        and notify the State.
                          ``(ii) Effective date.--The plan shall not be 
                        effective beginning on the date the notice is 
                        received.
                          ``(iii) Judicial review.--A State adversely 
                        affected by a withdrawal under this 
                        subparagraph may seek judicial review under 
                        chapter 7 of title 5.
                  ``(C) Administrative and judicial proceedings.--
                Notwithstanding a withdrawal of approval of a State 
                plan under this paragraph, the State may retain 
                jurisdiction in administrative or judicial proceedings 
                begun before the date of the withdrawal if the issues 
                involved are not related directly to the reasons for 
                the withdrawal.
  ``(f) Grants to States.--
          ``(1) In general.--Subject to the availability of funds, the 
        Secretary shall make grants to States for the development or 
        implementation of programs under this section in accordance 
        with paragraph (3).
          ``(2) Eligibility.--
                  ``(A) In general.--A State shall be eligible for a 
                grant under this subsection in a fiscal year in an 
                amount equal to the State's allocated amount determined 
                under section 31104(f) if the State has in effect a 
                State plan under subsection (b) that has been approved 
                by the Secretary under subsection (e) for that fiscal 
                year.
                  ``(B) Withholding of funds.--In the case of a State 
                that does not meet the requirements of subparagraph (A) 
                in a fiscal year, the Secretary may withhold grant 
                funds from a State's allocated amount determined under 
                section 31104(f) for that fiscal year as follows:
                          ``(i) The Secretary may withhold up to 25 
                        percent of such funds if the State had a plan 
                        approved under subsection (e) for the fiscal 
                        year preceding the fiscal year of the grant, 
                        but has not had a plan approved under 
                        subsection (e) for the fiscal year of the 
                        grant.
                          ``(ii) The Secretary may withhold up to 50 
                        percent of such funds if the State had a plan 
                        approved under subsection (e) for the second 
                        fiscal year preceding the fiscal year of the 
                        grant, but has not had a plan approved under 
                        subsection (e) for the fiscal year of the grant 
                        and the preceding fiscal year.
                          ``(iii) The Secretary may withhold up to 75 
                        percent of such funds if the State had a plan 
                        approved under subsection (e) for the third 
                        fiscal year preceding the fiscal year of the 
                        grant, but has not had a plan approved under 
                        subsection (e) for the fiscal year of the grant 
                        and the 2 preceding fiscal years.
                          ``(iv) The Secretary may withhold 100 percent 
                        of such funds if the State has not had a plan 
                        approved under subsection (e) for the fiscal 
                        year of the grant and the 3 preceding fiscal 
                        years.
                  ``(C) Subsequent availability of withheld funds.--The 
                Secretary shall make available to a State the grant 
                funds withheld from the State for a fiscal year under 
                subparagraph (B) if the Secretary approves the State's 
                plan under subsection (e) on or before the last day of 
                that fiscal year.
                  ``(D) Reallocation of withheld funds.--If the 
                Secretary withholds grant funds from a State for a 
                fiscal year under subparagraph (B), and the State does 
                not have a plan approved under subsection (e) on or 
                before the last day of that fiscal year, such funds 
                shall be released to the Secretary for reallocation 
                among the States under section 31104(f) in the 
                following fiscal year.
          ``(3) Use of grant funds.--
                  ``(A) In general.--A State receiving a grant under 
                this subsection shall use the grant funds for 
                activities to further the State's plan under subsection 
                (b).
                  ``(B) Use of grants to enforce other laws.--Subject 
                to subparagraph (C), a State may use grant funds 
                received under this subsection--
                          ``(i) if carried out in conjunction with an 
                        appropriate inspection of a commercial motor 
                        vehicle to enforce Federal or State commercial 
                        motor vehicle safety regulations, for--
                                  ``(I) enforcement of commercial motor 
                                vehicle size and weight limitations at 
                                locations other than fixed weight 
                                facilities, at specific locations such 
                                as steep grades or mountainous terrains 
                                where the weight of a commercial motor 
                                vehicle can significantly affect the 
                                safe operation of the vehicle, or at 
                                ports where intermodal shipping 
                                containers enter and leave the United 
                                States; and
                                  ``(II) detection of the unlawful 
                                presence of a controlled substance (as 
                                defined under section 102 of the 
                                Comprehensive Drug Abuse Prevention and 
                                Control Act of 1970 (21 U.S.C. 802)) in 
                                a commercial motor vehicle or on the 
                                person of any occupant (including the 
                                operator) of the vehicle; and
                          ``(ii) for documented enforcement of State 
                        traffic laws and regulations designed to 
                        promote the safe operation of commercial motor 
                        vehicles, including documented enforcement of 
                        such laws and regulations relating to 
                        noncommercial motor vehicles when necessary to 
                        promote the safe operation of commercial motor 
                        vehicles.
                  ``(C) Limitations.--
                          ``(i) Effect on commercial motor vehicle 
                        safety programs.--A State may use grant funds 
                        received under this subsection for an activity 
                        described in subparagraph (B) only if the 
                        activity will not diminish the effectiveness of 
                        commercial motor vehicle safety programs 
                        described in subsection (a).
                          ``(ii) Enforcement activities relating to 
                        noncommercial motor vehicles.--A State may not 
                        use more than 5 percent of the total amount of 
                        grants received by the State under this 
                        subsection in a fiscal year for enforcement 
                        activities relating to noncommercial motor 
                        vehicles described in subparagraph (B)(ii) 
                        unless the Secretary determines a higher 
                        percentage will result in significant increases 
                        in commercial motor vehicle safety.
  ``(g) Annual Report.--The Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate an 
annual report that--
          ``(1) analyzes commercial motor vehicle safety trends among 
        the States and documents the most effective commercial motor 
        vehicle safety programs implemented with grants under this 
        section;
          ``(2) describes the effect of activities carried out with 
        grants made under this section on commercial motor vehicle 
        safety; and
          ``(3) documents the number and rate of fatalities and crashes 
        involving commercial motor vehicles by State.''.
  (b) Conforming Amendment.--Section 31103(a) is amended by striking 
``section 31102(b)(1)(E) of this title'' and inserting ``section 
31102(b)(3)''.
  (c) Clerical Amendment.--The analysis for chapter 311 is amended by 
striking the item relating to section 31102 and inserting the 
following:

``31102. Motor carrier safety assistance program.''.

SEC. 6302. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS MANAGEMENT 
                    PROGRAM.

  (a) In General.--Section 31109 is amended to read as follows:

``Sec. 31109. Performance and registration information systems 
                    management program

  ``(a) In General.--The Secretary shall carry out a performance and 
registration information systems management program to link Federal 
motor carrier safety information systems with State commercial vehicle 
registration and licensing systems as part of the motor carrier 
information system established under section 31106.
  ``(b) Design.--The program shall enable a State to--
          ``(1) determine the safety fitness of a motor carrier or 
        registrant--
                  ``(A) when licensing or registering the motor carrier 
                or registrant; or
                  ``(B) while the license or registration is in effect; 
                and
          ``(2) deny, suspend, or revoke the commercial motor vehicle 
        registration of a motor carrier or registrant to whom the 
        Secretary has issued an operations out-of-service order.
  ``(c) Program Participation.--Not later than September 30, 2015, the 
Secretary shall require a State to participate in the program by--
          ``(1) complying with the uniform policies, procedures, and 
        technical and operational standards prescribed by the Secretary 
        under section 31106(a)(4);
          ``(2) having in effect a law providing the State with the 
        authority to impose the sanctions described in paragraph (3)(A) 
        on the basis of an out-of-service order issued by the 
        Secretary; and
          ``(3) establishing and implementing a process, approved by 
        the Secretary, to--
                  ``(A) deny, suspend, or revoke the vehicle 
                registration or seize the registration plates of a 
                commercial motor vehicle registered to a motor carrier 
                to whom the Secretary has issued an out-of-service 
                order; and
                  ``(B) reinstate the vehicle registration or return 
                the registration plates of the commercial motor vehicle 
                subject to sanctions under subparagraph (A) if the 
                Secretary permits such carrier to resume operations 
                after the date of issuance of such order.
  ``(d) Funding.--A State may use grant funds made available to the 
State under section 4126 of SAFETEA-LU (119 Stat. 1738) for each of 
fiscal years 2013 through 2016 to meet the requirements of this section 
for participation in the program under subsection (c).''.
  (b) Conforming Amendments.--Section 31106(b) is amended--
          (1) by striking paragraphs (2) through (4);
          (2) by striking ``(b) Performance and Registration 
        Information Program.--'' and all that follows through ``(1) 
        Information clearinghouse.--The Secretary'' and inserting the 
        following:
  ``(b) Information Clearinghouse.--The Secretary''; and
          (3) by aligning the remaining text accordingly.
  (c) Clerical Amendment.--The analysis for chapter 311 is amended by 
striking the item relating to section 31109 and inserting the 
following:

``31109. Performance and registration information systems management 
program.''.

SEC. 6303. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS 
                    DEPLOYMENT GRANTS.

  (a) In General.--Section 4126(a) of SAFETEA-LU (119 Stat. 1738) is 
amended--
          (1) in paragraph (1) by striking ``and'' at the end;
          (2) in paragraph (2) by striking ``and Federal'' and all that 
        follows through the period at the end and inserting a 
        semicolon; and
          (3) by adding at the end the following:
          ``(3) facilitate compliance with Federal and State commercial 
        motor vehicle regulatory requirements; and
          ``(4) provide assistance for State participation in the 
        performance and registration information systems management 
        program under section 31109.''.
  (b) Amount of Grants.--
          (1) Core deployment grants.--Section 4126(c) of such Act (119 
        Stat. 1738) is amended--
                  (A) by striking paragraph (2); and
                  (B) by redesignating paragraph (3) as paragraph (2).
          (2) Expanded deployment grants.--Section 4126(d) of such Act 
        (119 Stat. 1739) is amended--
                  (A) by striking paragraph (3); and
                  (B) by redesignating paragraph (4) as paragraph (3).
  (c) Eligibility.--Section 4126(e) of such Act (119 Stat. 1739) is 
amended--
          (1) in paragraph (2)(B)--
                  (A) by inserting ``in interstate commerce'' after 
                ``efficiency''; and
                  (B) by striking ``and'' at the end;
          (2) in paragraph (3) by striking the period at the end and 
        inserting ``; and''; and
          (3) by adding at the end the following:
          ``(4) shall be participating not later than September 30, 
        2015, in the performance and registration information systems 
        management program under section 31109 of title 49, United 
        States Code.''.
  (d) Federal Share.--Section 4126(f) of such Act (119 Stat. 1739) is 
amended--
          (1) by striking ``The Federal'' and inserting the following:
          ``(1) In general.--The Federal''; and
          (2) by adding at the end the following:
          ``(2) Performance and registration information systems 
        management program.--Notwithstanding any other provision of 
        this subsection, the Federal share of the cost of a project 
        relating to participation in the performance and registration 
        information systems management program under section 31109 of 
        title 49, United States Code, shall be 100 percent for fiscal 
        years 2013 through 2016.''.

SEC. 6304. COMMERCIAL MOTOR VEHICLE SAFETY INSPECTION PROGRAMS.

  (a) In General.--Section 31142(b) is amended to read as follows:
  ``(b) Inspection of Vehicles and Record Retention.--
          ``(1) Regulations on government standards.--The Secretary of 
        Transportation shall prescribe regulations on Government 
        standards for inspection of commercial motor vehicles and 
        retention by employers of records of such inspections.
          ``(2) Contents of standards.--The standards shall provide 
        for--
                  ``(A) annual or more frequent inspections of a 
                commercial motor vehicle designed or used to transport 
                property unless the Secretary finds that another 
                inspection system is as effective as an annual or more 
                frequent inspection system; and
                  ``(B) annual or more frequent inspections of a 
                commercial motor vehicle designed or used to transport 
                passengers.
          ``(3) Treatment of regulations.--Regulations prescribed under 
        this subsection shall be treated as regulations prescribed 
        under section 31136.
          ``(4) Special rules for inspection program.--Any inspection 
        required under paragraph (2)(B) shall be conducted by, or under 
        a program established by, the State in which the vehicle is 
        registered. A roadside inspection conducted by a State or other 
        jurisdiction shall not be considered an inspection for the 
        purposes of meeting the requirements of paragraph (2)(B).''.
  (b) Periodic Review of State Safety Inspection Programs.--The 
Secretary shall periodically review State safety inspection programs of 
commercial motor vehicles designed or used to transport passengers.

SEC. 6305. AMENDMENTS TO SAFETY FITNESS DETERMINATION.

  On and after the date the Secretary publishes in the Federal register 
the final rule revising the safety fitness determination methodology 
established pursuant to 31144 of title 49, United States Code, to 
correspond with the Compliance Safety Accountability program, the 
Secretary shall consider Safety Recommendation H-99-6 of the National 
Transportation Safety Board, issued February 26, 1999, closed.

SEC. 6306. NEW ENTRANT CARRIERS.

   (a) Safety Review.--Section 31144(g)(1) is amended to read as 
follows:
          ``(1) Safety review.--The Secretary shall require, by 
        regulation, each owner and operator issued a new registration 
        under section 13902 or 31134 to undergo a safety review under 
        this section--
                  ``(A) except as provided by subparagraphs (B) and 
                (C), within the first 18 months after the date on which 
                the owner or operator begins operations under such 
                registration;
                  ``(B) in the case of an owner or operator with 
                authority to transport hazardous materials, within the 
                first 9 months after the date on which the owner or 
                operator begins operations under such registration; and
                  ``(C) in the case of an owner or operator with 
                authority to transport passengers, within the first 90 
                days after the date on which the owner or operator 
                begins operations under such registration.''.
  (b) New Entrant Registration.--Section 31144(g)(4) is amended to read 
as follows:
          ``(4) New entrant registration.--
                  ``(A) In general.--Notwithstanding any other 
                provision of this title, any new registration issued 
                under section 13902 or 31134 shall each be designated 
                as new entrant registration until the safety review 
                required by paragraph (1) is completed.
                  ``(B) Requirement for issuance of permanent operating 
                authority.--A new registration issued to an owner or 
                operator under section 13902 or 31134 shall become 
                permanent after the owner or operator has passed the 
                safety review required under paragraph (1).''.
  (c) Funding.--Section 31144(g)(5) is amended to read as follows:
          ``(5) Funding.--
                  ``(A) In general.--A State shall carry out the 
                requirements of this section with funds allocated to 
                the State under section 31104(f).
                  ``(B) Determination.--If the Secretary determines 
                that a State or local government is not able to use 
                government employees to conduct new entrant motor 
                carrier safety reviews with funds allocated to the 
                State under section 31104(f), the Secretary may conduct 
                for the State or local government the safety reviews 
                that the State or local government is not able to 
                conduct with such funds.''.
  (d) Federal Share.--Section 31103(b) is amended to read as follows:
  ``(b) New Entrant Motor Carrier Safety Reviews.--
          ``(1) Increase in share of costs.--Subject to paragraph (2), 
        the Secretary may reimburse a State an amount that is up to 100 
        percent of the costs incurred by the State in a fiscal year for 
        new entrant motor carrier safety reviews conducted under 
        section 31144(g).
          ``(2) Limitation.--The increased Federal share provided under 
        paragraph (1) shall apply with respect to reimbursements of 
        costs described in paragraph (1) made using not more than 20 
        percent of the funds allocated to a State under section 
        31104(f) for a fiscal year. Any such reimbursements made using 
        an amount in excess of 20 percent of such funds shall be 
        subject to the cost-sharing requirements of subsection (a).''.
  (e) Conforming Amendment.--Section 31144(g) is amended, in the 
subsection heading, by striking ``Safety Reviews of New Operators'' and 
inserting ``New Entrant Motor Carrier Safety Reviews''.

SEC. 6307. IMPROVED OVERSIGHT OF MOTOR CARRIERS OF PASSENGERS.

  Section 31144 is amended by adding at the end the following:
  ``(h) Safety Reviews of Owners and Operators of Interstate For-Hire 
Commercial Motor Vehicles Designed or Used To Transport Passengers.--
          ``(1) In general.--Not later than September 30, 2015, the 
        Secretary shall determine the safety fitness of each owner, and 
        each operator, of a commercial motor vehicle designed or used 
        to transport passengers who the Secretary registers, on or 
        before September 30, 2014 (including before the date of 
        enactment of this subsection), under section 13902 or 31134.
          ``(2) Safety fitness rating.--As part of the safety fitness 
        determination required by paragraph (1), the Secretary shall 
        assign a safety fitness rating to each owner and each operator 
        described in paragraph (1).
          ``(3) Periodic monitoring.--
                  ``(A) Process.--The Secretary shall establish a 
                process, by regulation, for monitoring on a regular 
                basis the safety performance of an owner or operator of 
                a commercial motor vehicle designed or used to 
                transport passengers, following the assignment of a 
                safety rating to such owner or operator.
                  ``(B) Elements of monitoring and safety 
                enforcement.--Regulations issued under subparagraph (A) 
                shall provide for the following:
                          ``(i) Monitoring of the safety performance, 
                        in critical safety areas (as defined by the 
                        Secretary, by regulation) of an owner or 
                        operator of a commercial motor vehicle designed 
                        or used to transport passengers (including by 
                        activities conducted onsite at the offices of 
                        the owner or operator or offsite).
                          ``(ii) Increasingly more stringent 
                        interventions designed to correct unsafe 
                        practices of an owner or operator of a 
                        commercial motor vehicle designed or used to 
                        transport passengers.
                          ``(iii) Periodic updates to the safety 
                        fitness rating of an owner or operator if the 
                        Secretary determines that such update will 
                        improve the safety performance of the owner or 
                        operator.
                          ``(iv) Enforcement action, including 
                        determining that the owner or operator is not 
                        fit and may not operate a commercial motor 
                        vehicle under subsection (c)(2).''.

SEC. 6308. DRIVER MEDICAL QUALIFICATIONS.

   (a) Examination Requirement for National Registry of Medical 
Examiners.--Section 31149(c)(1)(D) is amended to read as follows:
                  ``(D) develop requirements applicable to a medical 
                examiner in order for the medical examiner to be listed 
                in the national registry established under this 
                section, including--
                          ``(i) specific courses and materials that 
                        must be completed;
                          ``(ii) at a minimum, self-certification 
                        requirements to verify that the medical 
                        examiner has completed specific training, 
                        including refresher courses, that the Secretary 
                        determines are necessary; and
                          ``(iii) an examination developed by the 
                        Secretary for which a passing grade must be 
                        achieved.''.
  (b) Additional Oversight of Licensing Authorities.--
          (1) In general.--Section 31149(c)(1) is amended--
                  (A) in subparagraph (E) by striking ``and'' at the 
                end;
                  (B) in subparagraph (F) by striking the period at the 
                end and inserting ``; and''; and
                  (C) by adding at the end the following:
                  ``(G) review each year the implementation of 
                commercial driver's license requirements of a minimum 
                of 10 States to assess the accuracy, validity, and 
                timeliness of--
                          ``(i) submission of physical examination 
                        reports and medical certificates to State 
                        licensing agencies; and
                          ``(ii) the processing of such submissions by 
                        State licensing agencies.''.
          (2) Internal oversight policy.--
                  (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, the Secretary shall 
                establish an oversight policy and process within the 
                Department for the purposes of carrying out the 
                requirement of section 31149(c)(1)(G) of title 49, 
                United States Code, as added by paragraph (1) of this 
                subsection.
                  (B) Effective date.--Section 31149(c)(1)(G) of title 
                49, United States Code, as added by paragraph (1) of 
                this subsection, shall take effect on the date that the 
                oversight policy and process is established pursuant to 
                subparagraph (A).
  (c) Deadline for Establishment of National Registry of Medical 
Examiners.--Not later than 1 year after the date of enactment of this 
Act, the Secretary shall establish a national registry of medical 
examiners as required by section 31149(d)(1) of title 49, United States 
Code.

SEC. 6309. COMMERCIAL MOTOR VEHICLE SAFETY STANDARDS.

  (a) Safety Standards for Commercial Motor Vehicles of Property.--
          (1) Research.--The Secretary shall conduct research on the 
        need for roof strength, pillar strength, frontal and back wall 
        strength, and other potential occupant protection standards for 
        commercial motor vehicles of property.
          (2) Commercial motor vehicle of property defined.--In this 
        subsection, the term ``commercial motor vehicle of property'' 
        means a motor vehicle used in commerce to transport property 
        that has a gross vehicle weight rating or gross vehicle weight 
        of at least 26,001 pounds, whichever is greater.
  (b) Safety Standards for Motorcoaches.--
          (1) Safety standards for new motorcoaches.--
                  (A) Occupant protection systems.--
                          (i) In general.--Not later than 3 years after 
                        the date of enactment of this Act, the 
                        Secretary shall issue standards for motorcoach 
                        occupant protection systems that account for 
                        frontal impact collisions, side impact 
                        collisions, rear impact collisions, and 
                        rollovers. Such standards shall not eliminate 
                        or lessen the occupant protection standards in 
                        effect on the date of enactment of this Act and 
                        shall--
                                  (I) be based on sound scientific 
                                research, extensive testing, and 
                                analysis by the National Highway 
                                Traffic Safety Administration, 
                                consistent with the recommendations of 
                                the National Transportation Safety 
                                Board regarding motorcoach occupant 
                                protection; and
                                  (II) take into consideration the 
                                various types of motorcoaches and the 
                                various uses and configurations of the 
                                occupant compartment as well as local, 
                                State, and Federal size and weight 
                                limits and restrictions.
                          (ii) Contents.--Such standards may include 
                        seatbelts or other occupant protection systems, 
                        passive or otherwise, for passengers, including 
                        those in child safety restraint systems.
                          (iii) Consultation.--Prior to issuing such 
                        standards, the Secretary shall consult with 
                        affected parties, as appropriate, on the 
                        proceedings leading to the issuance of the 
                        standards required by this subparagraph. Any 
                        communications concerning such consultation 
                        shall be included in the public record of the 
                        proceedings leading to the issuance of such 
                        standards and shall be subject to public 
                        comment.
                  (B) Roof strength.--
                          (i) Research and testing.--The Secretary 
                        shall conduct research and testing on roof 
                        strength to determine the method or methods 
                        that provide adequate survival space for all 
                        seating positions.
                          (ii) Standards.--Not later than 3 years after 
                        the date of enactment of this Act, the 
                        Secretary shall issue roof strength standards 
                        for motorcoaches based on the results of such 
                        research and testing and taking into account 
                        all motorcoach window dimensions and highway 
                        size and weight restrictions.
                  (C) Window glazing.--
                          (i) Research and testing.--The Secretary 
                        shall conduct research and testing on advanced 
                        window glazing and securement to determine the 
                        best method or methods for window glazing to 
                        prevent motorcoach occupant ejection.
                          (ii) Standards.--Not later than 3 years after 
                        the date of enactment of this Act, the 
                        Secretary shall revise window glazing standards 
                        for motorcoaches based on the results of such 
                        research and testing and taking into account 
                        all motorcoach window dimensions and highway 
                        height and weight restrictions.
                  (D) Fire prevention and mitigation.--
                          (i) Research and testing.--The Secretary 
                        shall conduct research and testing to determine 
                        the most prevalent causes of motorcoach fires 
                        and the best methods to prevent such fires and 
                        to mitigate the effect of such fires, both 
                        inside and outside the motorcoach.
                          (ii) Standards.--Not later than 3 years after 
                        the date of enactment of this Act, the 
                        Secretary shall issue fire prevention and 
                        mitigation standards for motorcoaches, based on 
                        the results of the Secretary's research and 
                        testing, taking into account motorcoach highway 
                        size and weight restrictions.
                  (E) Emergency evacuation design.--
                          (i) Research and testing.--The Secretary 
                        shall conduct research and testing to determine 
                        any necessary changes in motorcoach design 
                        standards, including windows and doors, to 
                        improve motorcoach emergency evacuation.
                          (ii) Standards.--Not later than 3 years after 
                        the date of enactment of this Act, the 
                        Secretary shall issue motorcoach emergency 
                        evacuation design standards, including--
                                  (I) window standards that enhance the 
                                use of windows for emergency evacuation 
                                to the maximum extent feasible, while 
                                not detracting from the window glazing 
                                standards to be issued under this 
                                paragraph; and
                                  (II) door standards, including design 
                                of the wheelchair lift door for 
                                emergency evacuation use.
                          (iii) Motorcoach highway size and weight 
                        restrictions.--Such standards shall take into 
                        account motorcoach highway size and weight 
                        restrictions.
                  (F) General provisions.--
                          (i) Effect on state and local laws.--
                        Notwithstanding any provision of chapter 301 of 
                        title 49, United States Code, a State or a 
                        political subdivision of a State may not adopt 
                        or enforce a law or regulation related to a 
                        motorcoach crash avoidance and occupant 
                        protection system prior to the effective date 
                        of the regulations issued pursuant to this 
                        paragraph.
                          (ii) Applicability of standards.--The 
                        standards issued under subparagraphs (A) 
                        through (E) shall require motorcoaches 
                        manufactured after the last day of 3-year 
                        period beginning on the date on which such 
                        standards are issued to be engineered and 
                        equipped to meet such standards.
                          (iii) Limitation on statutory construction.--
                        Nothing in this subsection or in the 
                        regulations issued pursuant to this subsection 
                        may be construed as indicating an intention by 
                        Congress to affect, change, or modify in any 
                        way the liability, if any, of a motorcoach 
                        manufacturer or motorcoach owner or operator 
                        under applicable law to buses or motorcoaches, 
                        manufactured and operated with or without 
                        passenger seat belts or other passenger 
                        restraint systems, prior to the effective date 
                        of the regulations issued under this 
                        subsection.
          (2) Safety standards for existing motorcoaches.--
                  (A) In general.--The Secretary may issue standards 
                for motorcoaches that are manufactured before the date 
                that is 3 years after the date on which the standards 
                required under paragraph (1) are issued, taking into 
                account the limitations posed by the need to retrofit 
                existing motorcoaches. Such standards shall have the 
                same objectives as the standards required under 
                subparagraphs (A) through (E) of paragraph (1), but may 
                differ from such standards based on what is technically 
                feasible for existing motorcoaches. Such standards are 
                technically feasible if the equipment can be certified 
                by the original equipment manufacturer as meeting 
                requisite performance requirements and if the equipment 
                is readily attachable subsequent to initial manufacture 
                by the operator and enforced through readily visible 
                inspection requiring no disassembly.
                  (B) Standards for component parts and equipment.--In 
                lieu of issuing comprehensive standards for 
                motorcoaches under subparagraph (A), the Secretary may 
                develop standards for various component parts and 
                equipment of motorcoaches that would increase occupant 
                protection.
                  (C) Effective date.--The effective date for the 
                standards issued under this subsection shall be the 
                same as the effective date for the standards issued 
                under paragraph (1).
                  (D) Certification.--The Secretary shall establish, by 
                regulation, a system whereby the motorcoaches to which 
                the standards issued under subparagraph (A) apply shall 
                be certified as in compliance with such standards. Such 
                certification shall be carried out by the Secretary or 
                by private parties at the discretion and authorization 
                of the Secretary.
          (3) Compliance timetables.--
                  (A) Effective date.--The effective date of the 
                standards issued under paragraphs (1) and (2) shall be 
                3 years after the date on which such final standards 
                are issued. All motorcoaches manufactured after such 
                date shall comply with such standards.
                  (B) Phased in requirements.--
                          (i) First phase.--Not later than 6 years 
                        after the effective date of the standards 
                        issued under paragraphs (1) and (2), a 
                        motorcoach owner or operator shall ensure that 
                        at least 50 percent of the motorcoaches used by 
                        the owner or operator comply with either the 
                        standards issued under paragraph (1) or the 
                        standards issued under paragraph (2), as 
                        appropriate.
                          (ii) Second phase.--Not later than 12 years 
                        after the effective date of the standards 
                        issued under paragraphs (1) and (2), a 
                        motorcoach owner or operator shall ensure that 
                        100 percent of the motorcoaches used by the 
                        owner or operator comply with either of such 
                        standards.
                  (C) State and local laws.--
                          (i) Liability of motorcoach manufacturers and 
                        owners and operators.--Nothing in this 
                        subsection may be construed to affect, change, 
                        or modify in any way the liability, if any, of 
                        a motorcoach manufacturer or motorcoach owner 
                        or operator under applicable law to buses or 
                        motorcoaches unless the manufacturer or owner 
                        or operator is shown not to be in compliance 
                        with the timetables set forth in subparagraphs 
                        (A) and (B).
                          (ii) Preemption.--Notwithstanding any 
                        provision of chapter 301 of title 49, United 
                        States Code, a State or a political subdivision 
                        of a State may not adopt or enforce a law or 
                        regulation related to any of the standards 
                        required by paragraphs (1) and (2) during the 
                        time periods set forth in subparagraphs (A) and 
                        (B).
          (4) Definition of motorcoach.--In this subsection, the term 
        ``motorcoach'' means an over-the-road bus, characterized by an 
        elevated passenger deck located over a baggage compartment.

SEC. 6310. CRASH AVOIDANCE TECHNOLOGY.

  (a) Study.--The Secretary shall study the effectiveness of crash 
avoidance technologies as countermeasures to lessen the impact of 
distracted driving in commercial motor vehicle crashes.
  (b) Report to Congress.--Not later than October 1, 2013, the 
Secretary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report detailing 
the results of the study.

SEC. 6311. EXPANSION OF COLLISION MITIGATION STUDY.

  (a) Study.--The Secretary shall expand the ongoing study of the 
Department on collision mitigation systems in commercial motor vehicles 
to include systems that can react to a stopped vehicle.
  (b) Report to Congress.--Not later than October 1, 2013, the 
Secretary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report detailing 
the results of the study.

             Subtitle D--Commercial Motor Vehicle Operators

SEC. 6401. NATIONAL CLEARINGHOUSE FOR RECORDS RELATING TO ALCOHOL AND 
                    CONTROLLED SUBSTANCES TESTING OF COMMERCIAL MOTOR 
                    VEHICLE OPERATORS.

  (a) In General.--Chapter 313 is amended by inserting after section 
31306 the following:

``Sec. 31306a. National clearinghouse for records relating to alcohol 
                    and controlled substances testing

  ``(a) Establishment.--
          ``(1) In general.--Subject to the requirements of this 
        section, the Secretary of Transportation shall establish and 
        maintain an information system that will serve as a national 
        clearinghouse for records relating to the alcohol and 
        controlled substances testing program applicable to operators 
        of commercial motor vehicles under section 31306.
          ``(2) Purposes.--The purposes of the clearinghouse shall be--
                  ``(A) to improve compliance with the requirements of 
                the testing program; and
                  ``(B) to help prevent accidents and injuries 
                resulting from the misuse of alcohol or use of 
                controlled substances by operators of commercial motor 
                vehicles.
          ``(3) Contents.--The clearinghouse shall be a repository of 
        records relating to violations of the testing program by 
        individuals submitted to the Secretary in accordance with this 
        section.
          ``(4) Electronic exchange of records.--The Secretary shall 
        ensure the ability for records to be submitted to the 
        clearinghouse, and requested from the clearinghouse, on an 
        electronic basis.
          ``(5) Deadline.--The Secretary shall establish the 
        clearinghouse not later than 1 year after the date of enactment 
        of this section.
  ``(b) Employment Prohibitions.--
          ``(1) In general.--An employer may permit an individual to 
        operate a commercial motor vehicle or perform any other safety 
        sensitive function only if the employer makes a request for 
        information from the clearinghouse at such times as the 
        Secretary shall specify, by regulation, and the information in 
        the clearinghouse at the time of the request indicates that the 
        individual--
                  ``(A) has not violated the requirements of the 
                testing program in the preceding 3-year period; or
                  ``(B) if the individual has violated the requirements 
                of the testing program during that period, is eligible 
                to return to safety sensitive duties pursuant to the 
                return-to-duty process established under the testing 
                program.
          ``(2) Violations.--For purposes of paragraph (1), an 
        individual shall be considered to have violated the 
        requirements of the testing program if the individual--
                  ``(A) has a confirmed or verified, as applicable, 
                positive alcohol or controlled substances test result 
                under the testing program;
                  ``(B) has failed or refused to submit to an alcohol 
                or controlled substances test under the testing 
                program; or
                  ``(C) has otherwise failed to comply with the 
                requirements of the testing program.
          ``(3) Applicability.--Paragraph (1) shall apply to an 
        individual who performs a safety sensitive function for an 
        employer as a full-time regularly employed driver, casual, 
        intermittent, or occasional driver, or leased driver, or 
        independent owner-operator contractor of such employer or, as 
        determined by the Secretary, pursuant to another arrangement.
          ``(4) Written notice that clearinghouse is operational.--The 
        Secretary shall issue a written notice when the Secretary 
        determines that the clearinghouse is operational and employers 
        are able to use the clearinghouse to meet the requirements of 
        section 382.413 of title 49, Code of Federal Regulations, as in 
        effect on the date of enactment of this section.
          ``(5) Effective date.--Paragraph (1) shall take effect on a 
        date specified by the Secretary in the written notice issued 
        under paragraph (4) that is not later than 30 days after the 
        date of issuance of the written notice.
          ``(6) Continued application of existing requirements.--
        Following the date on which paragraph (1) takes effect, an 
        employer shall continue to be subject to the requirements of 
        section 382.413 of title 49, Code of Federal Regulations, as in 
        effect on the date of enactment of this section, for a period 
        of 3 years or for such longer period as the Secretary 
        determines appropriate.
          ``(7) Notice of requirements applicable to employers.--The 
        Secretary shall provide notice of the requirements applicable 
        to employers under this section through published notices in 
        the Federal Register.
  ``(c) Reporting of Records.--
          ``(1) In general.--The Secretary shall require employers and 
        appropriate service agents, including medical review officers, 
        to submit to the Secretary for inclusion in the clearinghouse 
        records of violations of the testing program by individuals 
        described in subsection (b)(3).
          ``(2) Specific reporting requirements.--In carrying out 
        paragraph (1), the Secretary shall require, at a minimum--
                  ``(A) a medical review officer to report promptly, as 
                determined by the Secretary, to the clearinghouse--
                          ``(i) a verified positive controlled 
                        substances test result of an individual under 
                        the testing program; and
                          ``(ii) a failure or refusal of an individual 
                        to submit to a controlled substances test in 
                        accordance with the requirements of the testing 
                        program; and
                  ``(B) an employer (or, in the case of an operator of 
                a commercial motor vehicle who is self-employed, the 
                service agent administering the operator's testing 
                program) to report promptly, as determined by the 
                Secretary, to the clearinghouse--
                          ``(i) a confirmed positive alcohol test 
                        result of an individual under the testing 
                        program; and
                          ``(ii) a failure or refusal of an individual 
                        to provide a specimen for a controlled 
                        substances test in accordance with the 
                        requirements of the testing program.
          ``(3) Updating of records.--The Secretary shall ensure that a 
        record in the clearinghouse is updated to include a return-to-
        duty test result of an individual under the testing program.
          ``(4) Inclusion of records in clearinghouse.--The Secretary 
        shall include all records of violations received pursuant to 
        this subsection in the clearinghouse.
          ``(5) Modifications and deletions.--If the Secretary 
        determines that a record contained in the clearinghouse is not 
        accurate, the Secretary shall modify or delete the record.
          ``(6) Notification of individuals.--The Secretary shall 
        establish a process to provide notification to an individual 
        of--
                  ``(A) a submission of a record to the clearinghouse 
                relating to the individual; and
                  ``(B) any modification or deletion of a record in the 
                clearinghouse pertaining to the individual, including 
                the reason for the modification or deletion.
          ``(7) Timely and accurate reporting.--The Secretary may 
        establish additional requirements, as appropriate, to ensure 
        timely and accurate reporting of records to the clearinghouse.
          ``(8) Deletion of records.--The Secretary shall delete a 
        record of a violation submitted to the clearinghouse after a 
        period of 3 years beginning on the date the individual is 
        eligible to return to safety sensitive duties pursuant to the 
        return-to-duty process established under the testing program.
  ``(d) Access to Clearinghouse by Employers.--
          ``(1) In general.--The Secretary shall establish a process 
        for an employer to request and receive records in the 
        clearinghouse pertaining to an individual in accordance with 
        subsection (b).
          ``(2) Written consent of individuals.--An employer shall 
        obtain the written consent of an individual before requesting 
        any records in the clearinghouse pertaining to the individual.
          ``(3) Access to records.--Upon receipt of a request for 
        records from an employer under paragraph (1), the Secretary 
        shall provide the employer with access to the records as 
        expeditiously as practicable.
          ``(4) Records of requests.--The Secretary shall require an 
        employer to maintain for a 3-year period--
                  ``(A) a record of each request made by the employer 
                for records from the clearinghouse; and
                  ``(B) any information received pursuant to the 
                request.
          ``(5) Use of records.--
                  ``(A) In general.--An employer--
                          ``(i) may obtain from the clearinghouse a 
                        record pertaining to an individual only for the 
                        purpose of determining whether a prohibition 
                        applies with respect to the individual to 
                        operate a commercial motor vehicle or perform 
                        any other safety sensitive function under 
                        subsection (b)(1); and
                          ``(ii) may use the record only for such 
                        purpose.
                  ``(B) Protection of privacy of individuals.--An 
                employer that receives a record from the clearinghouse 
                pertaining to an individual shall protect the privacy 
                of the individual and the confidentiality of the 
                record, including taking reasonable precautions to 
                ensure that information contained in the record is not 
                divulged to any person who is not directly involved in 
                determining whether a prohibition applies with respect 
                to the individual to operate a commercial motor vehicle 
                or perform any other safety sensitive function under 
                subsection (b)(1).
  ``(e) Access to Clearinghouse by Individuals.--
          ``(1) In general.--The Secretary shall establish a process 
        for an individual to request and receive information from the 
        clearinghouse--
                  ``(A) to learn whether a record pertaining to the 
                individual is contained in the clearinghouse;
                  ``(B) to verify the accuracy of the record;
                  ``(C) to verify updates to the individual's record, 
                including completion of a return-to-duty process under 
                the testing program; and
                  ``(D) to learn of requests for information from the 
                clearinghouse regarding the individual.
          ``(2) Dispute procedure.--The Secretary shall establish a 
        procedure, including an appeal process, for an individual to 
        dispute and remedy an administrative error in a record 
        pertaining to the individual in the clearinghouse, except that 
        the appeal process shall not be used to dispute or remedy the 
        validity of a controlled substance or alcohol test result.
          ``(3) Access to records.--Upon receipt of a request for 
        records from an individual under paragraph (1), the Secretary 
        shall provide the individual with access to the records as 
        expeditiously as practicable.
  ``(f) Access to Clearinghouse by Chief Commercial Driver Licensing 
Officials.--
          ``(1) In general.--The Secretary shall establish a process 
        for the chief commercial driver licensing official of a State 
        to request and receive records pertaining to an individual from 
        the clearinghouse.
          ``(2) Use of information.--The chief commercial driver 
        licensing official of a State may not obtain from the 
        clearinghouse a record pertaining to an individual for any 
        purpose other than to take an action related to a commercial 
        driver's license for the individual under applicable State law 
        or to comply with section 31311(a)(22).
  ``(g) Use of Clearinghouse Information for Enforcement Purposes.--The 
Secretary may use the records in the clearinghouse for the purposes of 
enforcement activities under this chapter.
  ``(h) Design of Clearinghouse.--
          ``(1) In general.--In establishing the clearinghouse, the 
        Secretary shall develop a secure process for--
                  ``(A) registration, authorization, and authentication 
                of a user of the clearinghouse;
                  ``(B) registration, authorization, and authentication 
                of individuals required to report to the clearinghouse 
                under subsection (c);
                  ``(C) preventing information from the clearinghouse 
                from being accessed by unauthorized users;
                  ``(D) timely and accurate electronic submissions of 
                data to the clearinghouse under subsection (c);
                  ``(E) timely and accurate access to records from the 
                clearinghouse under subsections (d), (e), and (f); and
                  ``(F) updates to an individual's record related to 
                compliance with the return-to-duty process under the 
                testing program.
          ``(2) Archive capability.--The clearinghouse shall be 
        designed to allow for an archive of the receipt, modification, 
        and deletion of records for the purposes of auditing and 
        evaluating the timeliness, accuracy, and completeness of data 
        in the clearinghouse.
          ``(3) Security standards.--The clearinghouse shall be 
        designed and administered in compliance with applicable 
        Department of Transportation information technology security 
        standards.
          ``(4) Interoperability with other systems.--In establishing 
        the clearinghouse and developing requirements for data to be 
        included in the clearinghouse, the Secretary, to the maximum 
        extent practicable, shall take into consideration--
                  ``(A) existing information systems containing 
                regulatory and safety data for motor vehicle operators;
                  ``(B) the efficacy of using or combining 
                clearinghouse data with 1 or more of such systems; and
                  ``(C) the potential interoperability of the 
                clearinghouse with existing and future information 
                systems containing regulatory and safety data for motor 
                vehicle operators.
  ``(i) Privacy.--
          ``(1) Availability of clearinghouse information.--The 
        Secretary shall establish a process to make information 
        available from the clearinghouse in a manner that is consistent 
        with this section and applicable Federal information and 
        privacy laws, including regulations.
          ``(2) Unauthorized individuals.--The Secretary may not 
        provide information from the clearinghouse to an individual who 
        is not authorized by this section to receive the information.
  ``(j) Fees.--
          ``(1) Authority to collect fees.--
                  ``(A) General authority.--The Secretary may collect 
                fees for requests for information from the 
                clearinghouse.
                  ``(B) Amount to be collected.--Fees collected under 
                this subsection in a fiscal year shall equal as nearly 
                as possible the costs of operating the clearinghouse in 
                that fiscal year, including personnel costs.
                  ``(C) Receipts to be credited as offsetting 
                collections.--The amount of any fee collected under 
                this subsection shall be--
                          ``(i) credited as offsetting collections to 
                        the account that finances the activities and 
                        services for which the fee is imposed; and
                          ``(ii) available without further 
                        appropriation for such activities and services 
                        until expended.
          ``(2) Limitation.--The Secretary shall ensure that an 
        individual requesting information from the clearinghouse in 
        order to dispute or remedy an error in a record pertaining to 
        the individual pursuant to subsection (e)(2) may obtain the 
        information without being subject to a fee authorized by 
        paragraph (1).
  ``(k) Enforcement.--An employer, and any person acting as a service 
agent, shall be subject to civil and criminal penalties for a violation 
of this section in accordance with section 521(b).
  ``(l) Definitions.--In this section, the following definitions apply:
          ``(1) Chief commercial driver licensing official.--The term 
        `chief commercial driver licensing official' means the official 
        in a State who is authorized--
                  ``(A) to maintain a record about a commercial 
                driver's license issued by the State; and
                  ``(B) to take action on a commercial driver's license 
                issued by the State.
          ``(2) Clearinghouse.--The term `clearinghouse' means the 
        clearinghouse to be established under subsection (a).
          ``(3) Employer.--Notwithstanding section 31301, the term 
        `employer' means a person or entity employing 1 or more 
        employees (including an individual who is self-employed) that 
        is subject to Department of Transportation requirements under 
        the testing program. The term does not include a service agent.
          ``(4) Medical review officer.--The term `medical review 
        officer' means a person who is a licensed physician and who is 
        responsible for receiving and reviewing laboratory results 
        generated under the testing program and evaluating medical 
        explanations for certain controlled substances test results.
          ``(5) Safety sensitive function.--The term `safety sensitive 
        function' has the meaning such term has under part 382 of title 
        49, Code of Federal Regulations, or any successor regulation.
          ``(6) Service agent.--The term `service agent' means a person 
        or entity, other than an employee of an employer, who provides 
        services covered by part 40 of title 49, Code of Federal 
        Regulations, or any successor regulation, to employers or 
        employees (or both) under the testing program, and the term 
        includes a medical review officer.
          ``(7) Testing program.--The term `testing program' means the 
        alcohol and controlled substances testing program established 
        under section 31306.''.
  (b) Conforming Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 31306 the following:

``31306a. National clearinghouse for records relating to alcohol and 
controlled substances testing.''.

  (c) Penalties.--
          (1) Application of penalty.--Section 31306(j) is amended by 
        inserting ``An employer, including an individual who is self-
        employed, shall be subject to civil and criminal penalties in 
        accordance with section 521(b) for a violation of this 
        section.'' before ``This section''.
          (2) Violations relating to commercial motor vehicle safety 
        regulations and operators.--Section 521(b) is amended--
                  (A) in paragraph (1)(A) by inserting ``31306, 
                31306a,'' before ``31310(g)(1)(A)'';
                  (B) in paragraphs (2)(A), (2)(B), and (6)(A) by 
                inserting ``31306, 31306a, or'' before ``31502''; and
                  (C) in paragraph (5)(A) by inserting ``31306, 
                31306a,'' before ``or 31502''.
          (3) Controlled substance or alcohol testing.--Any person 
        acting as a service agent under the Secretary's regulations in 
        part 40 of title 49, Code of Federal Regulations, as in effect 
        on the date of enactment of this Act, who violates the 
        requirements prescribed by the Secretary for conducting alcohol 
        or controlled substances testing under such part or any related 
        regulation of the Department shall be liable to the United 
        States Government for a civil penalty of not more than $10,000 
        for each violation. Each day that a violation continues shall 
        constitute a separate violation.

SEC. 6402. COMMERCIAL MOTOR VEHICLE OPERATOR TRAINING.

   (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall issue final regulations establishing 
minimum training requirements for commercial motor vehicle operators.
  (b) Requirements.--The regulations shall--
          (1) require commercial motor vehicle operators, before 
        obtaining a commercial driver's license for the first time or 
        upgrading from one class of commercial driver's license to 
        another, to receive training that meets the requirements 
        established by the Secretary;
          (2) address the knowledge and skills necessary for an 
        operator of a commercial motor vehicle to safely operate a 
        commercial motor vehicle;
          (3) address the specific and additional training needs of 
        commercial motor vehicle operators seeking passenger or 
        hazardous materials endorsements;
          (4) require instruction that is effective for acquiring the 
        knowledge and skills referred to in paragraphs (2) and (3);
          (5) require the issuance of a certification that a commercial 
        motor vehicle operator has met the requirements established by 
        the Secretary; and
          (6) require a training provider (including public or private 
        driving schools, motor carriers, or owners or operators of a 
        commercial motor vehicle) offering training that results in the 
        issuance of a certification to an operator under paragraph (5) 
        to demonstrate that such training meets the requirements of the 
        regulations, through a process established by the Secretary.
  (c) Commercial Driver's License Uniform Standards.--Section 31308(1) 
is amended to read as follows:
          ``(1) an individual issued a commercial driver's license--
                  ``(A) pass written and driving tests for the 
                operation of a commercial motor vehicle that comply 
                with the minimum standards prescribed by the Secretary 
                under section 31305(a); and
                  ``(B) present certification of completion of driver 
                training that meets the requirements established by the 
                Secretary under section 4042 of the Motor Carrier 
                Safety, Efficiency, and Accountability Act of 2012;''.

SEC. 6403. COMMERCIAL DRIVER'S LICENSE PROGRAM.

  (a) In General.--Section 31309(e)(4)(A) is amended by striking the 
period at the end and inserting ``and must use the systems to receive 
and submit conviction and disqualification data.''.
  (b) Requirements for State Participation.--
          (1) In general.--Section 31311(a) is amended--
                  (A) in paragraph (5) by striking ``At least'' and all 
                that follows through ``regulation),'' and inserting the 
                following: ``Within the time period the Secretary 
                prescribes by regulation,''; and
                  (B) by adding at the end the following:
          ``(22) Before renewing or issuing a commercial driver's 
        license to an individual, the State shall request information 
        pertaining to the individual from the drug and alcohol 
        clearinghouse maintained under section 31306a.
          ``(23) The State shall ensure that the State's commercial 
        driver's license information system complies with applicable 
        Federal information technology standards.''.
          (2) State commercial driver's license program plan.--Section 
        31311 is amended by adding at the end the following:
  ``(d) State Commercial Driver's License Program Plan.--
          ``(1) In general.--A State shall develop and submit to the 
        Secretary for approval a plan for complying with the 
        requirements of subsection (a) in the period beginning on the 
        date that the plan is approved and ending on September 30, 
        2017.
          ``(2) Contents.--A plan submitted by a State under paragraph 
        (1) shall identify--
                  ``(A) the actions that the State must take to address 
                any deficiencies in the State's commercial driver's 
                license program, as identified by the Secretary in the 
                most recent audit of the program; and
                  ``(B) other actions that the State must take to 
                comply with the requirements of subsection (a).
          ``(3) Priority.--
                  ``(A) Implementation schedule.--A plan submitted by a 
                State under paragraph (1) shall include a schedule for 
                the implementation of the actions identified under 
                paragraph (2).
                  ``(B) Deadline for compliance with requirements.--A 
                plan submitted by a State under paragraph (1) shall 
                include assurances that the State will take the 
                necessary actions to comply with the requirements of 
                subsection (a) not later than September 30, 2017.
          ``(4) Approval and disapproval.--The Secretary shall--
                  ``(A) review a plan submitted by a State under 
                paragraph (1); and
                  ``(B)(i) approve the plan if the Secretary determines 
                that the plan is adequate to promote the objectives of 
                this section; or
                  ``(ii) disapprove the plan.
          ``(5) Modification of disapproved plans.--If the Secretary 
        disapproves a plan under this subsection, the Secretary shall--
                  ``(A) provide the State a written explanation of the 
                disapproval; and
                  ``(B) allow the State to modify and resubmit the plan 
                for approval.
          ``(6) Plan updates.--The Secretary may require States to 
        review and update plans, as appropriate.''.
          (3) Annual comparison of state levels of compliance.--Section 
        31311 is further amended by adding at the end the following:
  ``(e) Annual Comparison of State Levels of Compliance.--On an annual 
basis, the Secretary shall--
          ``(1) conduct a comparison of the relative levels of 
        compliance by States with the requirements of subsection (a); 
        and
          ``(2) make available to the public the results of the 
        comparison, using a mechanism that the Secretary determines 
        appropriate.''.
  (c) Grants for Commercial Driver's License Program Implementation.--
          (1) In general.--Section 31313(a) is amended to read as 
        follows:
  ``(a) Grants for Commercial Driver's License Program 
Implementation.--
          ``(1) In general.--The Secretary of Transportation may make a 
        grant to a State in a fiscal year to assist the State in 
        complying with the requirements of section 31311.
          ``(2) Eligibility.--A State shall be eligible for a grant 
        under this subsection if the State has in effect a commercial 
        driver's license program plan approved by the Secretary under 
        section 31311(d).
          ``(3) Uses of grant funds.--A State may use grant funds under 
        this subsection--
                  ``(A) to comply with section 31311; and
                  ``(B) in the case of a State that is making a good 
                faith effort toward substantial compliance with the 
                requirements of section 31311 and this section, to 
                improve its implementation of its commercial driver's 
                license program, including expenses--
                          ``(i) for computer hardware and software;
                          ``(ii) for publications, testing, personnel, 
                        training, and quality control;
                          ``(iii) for commercial driver's license 
                        program coordinators; and
                          ``(iv) to establish and implement a system to 
                        notify an employer of an operator of a 
                        commercial motor vehicle of a suspension or 
                        revocation of such operator's driver's license.
                  ``(C) Prohibitions.--A State may not use grant funds 
                under this subsection to rent, lease, or buy land or 
                buildings.
          ``(4) Maintenance of expenditures.--The Secretary may make a 
        grant to a State under this subsection only if the State 
        provides assurances satisfactory to the Secretary that the 
        total expenditure of amounts of the State and political 
        subdivisions of the State (not including amounts of the United 
        States) for the State's commercial driver's license program 
        will be maintained at a level that at least equals the average 
        level of that expenditure by the State and political 
        subdivisions of the State for the most recent 3 fiscal years 
        ending before the date of enactment of the Motor Carrier 
        Safety, Efficiency, and Accountability Act of 2012.''.
          (2) Apportionment.--Section 31313 is amended--
                  (A) by striking subsections (b) and (c);
                  (B) by redesignating subsection (d) as subsection 
                (b); and
                  (C) by striking subsection (b) (as so redesignated) 
                and inserting the following:
  ``(b) Apportionment.--
          ``(1) Apportionment formula.--Subject to paragraph (2), the 
        amounts made available to carry out this section for a fiscal 
        year shall be apportioned among the States in the ratio that--
                  ``(A) the number of commercial driver's licenses 
                issued in each State; bears to
                  ``(B) the total number of commercial driver's 
                licenses issued in all States.
          ``(2) Minimum apportionment.--The apportionment to each State 
        that has in effect a commercial driver's license program plan 
        approved by the Secretary under section 31311(d) shall be not 
        less than one-half of 1 percent of the total funds available to 
        carry out this section.''.
          (3) Conforming amendment.--The section heading for section 
        31313 is amended by striking ``improvements'' and inserting 
        ``implementation''.
          (4) Clerical amendment.--The analysis for chapter 313 is 
        amended by striking the item relating to section 31313 and 
        inserting the following:

``31313. Grants for commercial driver's license program 
implementation.''.

SEC. 6404. COMMERCIAL DRIVER'S LICENSE PASSENGER ENDORSEMENT 
                    REQUIREMENTS.

  (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall review and assess the current 
knowledge and skill testing requirements for a commercial driver's 
license passenger endorsement to determine what improvements to the 
knowledge test or examination of driving skills are necessary to ensure 
the safe operation of commercial motor vehicles designed or used to 
transport passengers.
  (b) Report.--Not later than 120 days after completion of the review 
and assessment under subsection (a), the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate--
          (1) a report on the review and assessment conducted under 
        subsection (a);
          (2) a plan to implement any changes to the knowledge and 
        skills tests; and
          (3) a timeframe by which the Secretary will implement the 
        changes.

SEC. 6405. COMMERCIAL DRIVER'S LICENSE HAZARDOUS MATERIALS ENDORSEMENT 
                    EXEMPTION.

  (a) In General.--The Secretary may not require an individual with a 
class A commercial driver's license to obtain a hazardous materials 
endorsement under part 383 of title 49, Code of Federal Regulations (or 
any successor regulation), in order to operate a service vehicle 
carrying diesel fuel in quantities of 3,785 liters (1,000 gallons) or 
less if--
          (1) the tank containing such fuel is clearly marked with a 
        placard reading ``Diesel Fuel''; and
          (2) the individual is acting within the scope of the 
        individual's employment as an employee of any of the following 
        farm-related service industries:
                  (A) Agri-chemical business.
                  (B) Custom harvesters.
                  (C) Farm retail outlets and suppliers.
                  (D) Livestock feeders.
  (b) Implementation.--The Secretary shall carry out subsection (a) in 
a manner consistent with the exemption provided to restricted 
commercial driver's license holders under section 383.3(f) of title 49, 
Code of Federal Regulations, as in effect on the date of enactment of 
this Act.

SEC. 6406. PROGRAM TO ASSIST VETERANS TO ACQUIRE COMMERCIAL DRIVER'S 
                    LICENSES.

  (a) Establishment.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, in consultation with the Secretary of 
Defense and in cooperation with the States, shall establish accelerated 
licensing procedures to assist veterans to acquire commercial driver's 
licenses.
  (b) Accelerated Licensing Procedures.--The procedures established 
under subsection (a) shall be designed to be applicable to any veteran 
who--
          (1) is attempting to acquire a commercial driver's license; 
        and
          (2) obtained, during military service, driving experience 
        that, in the determination of the Secretary, makes the use of 
        accelerated licensing procedures appropriate.
  (c) Definitions.--In this section, the following definitions apply:
          (1) Commercial driver's license.--The term ``commercial 
        driver's license'' has the meaning given that term in section 
        31301 of title 49, United States Code.
          (2) State.--The term ``State'' has the meaning given that 
        term in section 31301 of title 49, United States Code.
          (3) Veteran.--The term ``veteran'' has the meaning given that 
        term in section 101 of title 38, United States Code.

                    Subtitle E--Motor Carrier Safety

SEC. 6501. MOTOR CARRIER TRANSPORTATION.

  Section 13506(a)(4) is amended by inserting ``in interstate or 
intrastate commerce'' after ``a motor vehicle''.

SEC. 6502. HOURS OF SERVICE STUDY.

  (a) Hours of Service Study.--
          (1) In general.--Not later than March 31, 2013, the Secretary 
        shall complete a field study on the efficacy of the restart 
        rule published on December 27, 2011 (in this section referred 
        to as the ``2011 restart rule''), applicable to operators of 
        commercial motor vehicles of property subject to maximum 
        driving time requirements of the Secretary.
          (2) Requirement.--The study shall expand upon the results of 
        the laboratory-based study relating to commercial motor vehicle 
        driver fatigue sponsored by the Federal Motor Carrier Safety 
        Administration presented in the report of December 2010 titled 
        ``Investigation into Motor Carrier Practices to Achieve Optimal 
        Commercial Motor Vehicle Driver Performance: Phase I''.
          (3) Criteria.--In conducting the field study, the Secretary 
        shall ensure that--
                  (A) the methodology for the field study is 
                consistent, to the maximum extent possible, with the 
                laboratory-based study methodology;
                  (B) the data collected is representative of the 
                drivers and motor carriers affected by the maximum 
                driving time requirements;
                  (C) the analysis is statistically valid; and
                  (D) the field study follows the plan for the 
                ``Scheduling and Fatigue Recovery Project'' developed 
                by the Federal Motor Carrier Safety Administration.
  (b) Report to Congress.--Not later than April 30, 2013, the Secretary 
shall submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report detailing the results of the 
study.
  (c) Rule Modification and Implementation.--
          (1) Applicable restart rule.--The restart rule published on 
        November 19, 2008, shall remain in effect until the Secretary 
        completes the field study on the 2011 restart rule under 
        subsection (a).
          (2) Implementation on schedule.--If the Secretary determines 
        that the results of the field study support the 2011 restart 
        rule, the rule shall be implemented beginning on the effective 
        date established in the rule.
          (3) Modification.--
                  (A) In general.--If the Secretary determines that the 
                results of the field study do not support the 2011 
                restart rule, the Secretary shall--
                          (i) stay the implementation of the rule; and
                          (ii) conduct a rulemaking to modify the rule 
                        based on the results of the study.
                  (B) Interim rule.--If the Secretary stays the 
                implementation of the 2011 restart rule under 
                subparagraph (A)(i), the restart rule published on 
                November 19, 2008, shall remain in effect until the 
                effective date of a final rule issued under 
                subparagraph (A)(ii).

SEC. 6503. ELECTRONIC LOGGING DEVICES.

  (a) In General.--If the Secretary issues regulations regarding 
electronic logging devices to be used to monitor compliance with the 
Secretary's requirements for hours of service of drivers under part 395 
of title 49, Code of Federal Regulations, the regulations shall include 
performance standards.
  (b) Performance Standards and Certification Criteria.--
          (1) Performance standards.--Any performance standards issued 
        under subsection (a) shall ensure, at a minimum, that an 
        electronic logging device installed in a commercial motor 
        vehicle--
                  (A) is synchronized to the operation of the vehicle 
                engine or is capable of recognizing when the vehicle is 
                being operated;
                  (B) is able to identify each individual who operates 
                the vehicle and track the periods during which such 
                individual operates the vehicle;
                  (C) automatically creates a record of all changes in 
                duty status necessary to determine compliance with part 
                395 of title 49, Code of Federal Regulations;
                  (D) enables law enforcement personnel to access 
                information contained in the recorder quickly and 
                easily during a roadside inspection; and
                  (E) is tamperproof.
          (2) Certification criteria.--
                  (A) In general.--If the Secretary issues regulations 
                described in subsection (a), the Secretary, in issuing 
                the regulations, shall establish the criteria and a 
                process for the certification of electronic logging 
                devices to ensure that such devices meet the 
                performance standards issued under subsection (a).
                  (B) Effect of noncertification.--Electronic logging 
                devices that are not certified in accordance with the 
                certification process established under subparagraph 
                (A) shall not be acceptable evidence of hours of 
                service and record of duty status requirements under 
                part 395 of title 49, Code of Federal Regulations.
          (3) Additional requirements.--If the Secretary issues 
        regulations described in subsection (a), the Secretary, in 
        issuing the regulations, shall--
                  (A) define a standardized user interface to aid 
                vehicle operator compliance and law enforcement 
                reviews;
                  (B) establish a secure process for--
                          (i) standardized and unique vehicle operator 
                        identification;
                          (ii) data access;
                          (iii) data transfer for vehicle operators 
                        between motor vehicles;
                          (iv) data storage for motor carriers; and
                          (v) data transfer and transportability for 
                        law enforcement;
                  (C) establish a standard security level for 
                electronic logging devices to be tamperproof; and
                  (D) establish rules necessary to ensure that 
                electronic logging devices will not be used to harass a 
                vehicle operator.
  (c) Additional Considerations.--If the Secretary issues regulations 
described in subsection (a), the Secretary, in issuing the regulations, 
shall--
          (1) evaluate the ability of electronic logging device 
        technologies that meet the performance standards described in 
        subsection (b)--
                  (A) to record accurately the time an individual 
                operating a commercial motor vehicle spends on duty but 
                not driving, including time spent loading and 
                unloading; and
                  (B) to ensure all time on duty is accounted for and 
                cannot be altered or otherwise tampered with by the 
                operator or motor carrier;
          (2) reduce or eliminate requirements for drivers and motor 
        carriers to retain supporting documentation associated with 
        paper-based records of duty status if--
                  (A) data contained in an electronic logging device 
                supplants such documentation; and
                  (B) using such data without paper-based records does 
                not diminish the Secretary's ability to audit and 
                review compliance with the Secretary's hours of service 
                regulations;
          (3) include such measures as the Secretary determines are 
        necessary to protect the privacy of individuals whose personal 
        information is contained in an electronic logging device;
          (4) include such measures as are necessary to ensure that any 
        information collected by the electronic logging device is used 
        by enforcement personnel only for the purpose of determining 
        compliance with hours-of-service requirements and is stored no 
        longer than necessary under the rules; and
          (5) include such measures as are necessary to prohibit public 
        access to data collected by electronic logging devices.
  (d) Use of Data.--
          (1) In general.--The Secretary may utilize information 
        contained in an electronic logging device only to enforce the 
        Secretary's motor carrier safety and related regulations, 
        including record-of-duty status regulations.
          (2) Measures to preserve confidentiality of personal data.--
        The Secretary shall institute appropriate measures to preserve 
        the confidentiality of any personal data contained in an 
        electronic logging device and disclosed in the course of 
        actions taken by the Secretary or law enforcement officials to 
        enforce the regulations referred to in paragraph (1).
  (e) Definitions.--In this section, the following definitions apply:
          (1) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given that term in section 31132 of 
        title 49, United States Code.
          (2) Electronic logging device.--The term ``electronic logging 
        device'' means an electronic device that acquires and stores 
        data showing the record of duty status of the vehicle operator.
          (3) Tamperproof.--The term ``tamperproof'' means to not allow 
        any individual to cause an electronic device to record the 
        incorrect duty status of a commercial motor vehicle operator 
        under part 395 of title 49, Code of Federal Regulations, or to 
        subsequently alter the record created by that device.

SEC. 6504. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

  Section 4144(d) of SAFETEA-LU (49 U.S.C. 31100 note; 119 Stat. 1748) 
is amended by striking ``shall terminate'' and all that follows through 
the period at the end and inserting ``shall terminate on September 30, 
2017.''.

SEC. 6505. TRANSPORTATION OF AGRICULTURAL COMMODITIES AND FARM 
                    SUPPLIES.

  Section 229(a)(1) of the Motor Carrier Safety Improvement Act of 1999 
(49 U.S.C. 31136 note) is amended to read as follows:
          ``(1) Transportation of agricultural commodities and farm 
        supplies.--Regulations issued by the Secretary under sections 
        31136 and 31502 of title 49, United States Code, regarding 
        maximum driving and on-duty time for a driver used by a motor 
        carrier, shall not apply during a planting or harvest period of 
        a State, as that period is determined by the State, to--
                  ``(A) drivers transporting agricultural commodities 
                in the State from the source of the agricultural 
                commodities to a location within a 150 air-mile radius 
                from the source;
                  ``(B) drivers transporting farm supplies for 
                agricultural purposes in the State from a wholesale or 
                retail distribution point of the farm supplies to a 
                farm or other location where the farm supplies are 
                intended to be used within a 150 air-mile radius from 
                the distribution point; or
                  ``(C) drivers transporting farm supplies for 
                agricultural purposes in the State from a wholesale 
                distribution point of the farm supplies to a retail 
                distribution point of the farm supplies within a 150 
                air-mile radius from the wholesale distribution 
                point.''.

SEC. 6506. EXEMPTION RELATING TO TRANSPORTATION OF GRAPES DURING 
                    HARVEST PERIODS.

  Regulations issued by the Secretary of Transportation under sections 
31136 and 31502 of title 49, United States Code, regarding maximum 
driving and on-duty time for a driver used by a motor carrier, shall 
not apply, beginning on the date of enactment of this Act, to a driver 
transporting grapes in a State if the transportation--
          (1) is during a harvest period (as that period is determined 
        by the State); and
          (2) is limited to an area within a 175 air-mile radius from 
        the location where the grapes are picked or distributed.

                       Subtitle F--Miscellaneous

SEC. 6601. EXEMPTIONS FROM REQUIREMENTS FOR CERTAIN FARM VEHICLES.

  (a) Federal Requirements.--A covered farm vehicle, including the 
individual operating that vehicle, shall be exempt from the following:
          (1) Any requirement relating to commercial driver's licenses 
        established under chapter 313 of title 49, United States Code.
          (2) Any requirement relating to drug testing established 
        under chapter 313 of title 49, United States Code.
          (3) Any requirement relating to medical certificates 
        established under--
                  (A) subchapter III of chapter 311 of title 49, United 
                States Code; or
                  (B) chapter 313 of title 49, United States Code.
          (4) Any requirement relating to hours of service established 
        under--
                  (A) subchapter III of chapter 311 of title 49, United 
                States Code; or
                  (B) chapter 315 of title 49, United States Code.
  (b) State Requirements.--
          (1) In general.--Federal transportation funding to a State 
        may not be terminated, limited, or otherwise interfered with as 
        a result of the State exempting a covered farm vehicle, 
        including the individual operating that vehicle, from any State 
        requirement relating to the operation of that vehicle.
          (2) Exception.--Paragraph (1) does not apply with respect to 
        a covered farm vehicle transporting hazardous materials that 
        require a placard.
  (c) Covered Farm Vehicle Defined.--
          (1) In general.--In this section, the term ``covered farm 
        vehicle'' means a motor vehicle--
                  (A) that--
                          (i) is traveling in the State in which the 
                        vehicle is registered or another State;
                          (ii) is operated by--
                                  (I) a farm owner or operator;
                                  (II) a ranch owner or operator; or
                                  (III) an employee or family member of 
                                an individual specified in subclause 
                                (I) or (II);
                          (iii) is transporting to or from a farm or 
                        ranch--
                                  (I) agricultural commodities;
                                  (II) livestock; or
                                  (III) machinery or supplies;
                          (iv) except as provided in paragraph (2), is 
                        not used in the operations of a for-hire motor 
                        carrier; and
                          (v) is equipped with a special license plate 
                        or other designation by the State in which the 
                        vehicle is registered to allow for 
                        identification of the vehicle as a farm vehicle 
                        by law enforcement personnel; and
                  (B) that has a gross vehicle weight rating or gross 
                vehicle weight, whichever is greater, that is--
                          (i) 26,001 pounds or less; or
                          (ii) greater than 26,001 pounds and traveling 
                        within 150 air miles of the farm or ranch with 
                        respect to which the vehicle is being operated.
          (2) Inclusion.--In this section, the term ``covered farm 
        vehicle'' includes a motor vehicle that meets the requirements 
        of paragraph (1) (other than paragraph (1)(A)(iv)) and is--
                  (A) operated pursuant to a crop share farm lease 
                agreement;
                  (B) owned by a tenant with respect to that agreement; 
                and
                  (C) transporting the landlord's portion of the crops 
                under that agreement.

SEC. 6602. TECHNICAL CORRECTION.

  Section 306(c)(2)(B) of the SAFETEA-LU Technical Corrections Act of 
2008 (29 U.S.C. 207 note; 122 Stat. 1621) is amended--
          (1) in clause (ii) by striking ``or'' at the end;
          (2) in clause (iii) by striking ``and'' at the end and 
        inserting ``or''; and
          (3) by adding at the end the following:
                          ``(iv) operating under contracts with rail 
                        carriers subject to part A of subtitle IV of 
                        title 49, United States Code, and used to 
                        transport employees of such rail carriers; 
                        and''.

SEC. 6603. STUDY OF IMPACT OF REGULATIONS ON SMALL TRUCKING COMPANIES.

  (a) Study.--The Comptroller General of the United States shall 
conduct a study to assess trends in motor carrier safety relating to 
small trucking companies and independent operators, including the 
extent to which Federal motor carrier safety regulation adversely 
impacts and economically and competitively disadvantages small trucking 
companies and independent operators and the extent to which there is a 
correlation between company size and crash rates and crash causation.
  (b) Contents.--The study shall contain the following:
          (1) Overall trends in highway crashes involving large trucks 
        for the past 2 decades, including a separate analysis of the 
        annual number of incidents involving a large truck only, a 
        truck and automobile, and more than one large truck.
          (2) Crash causation factors typical in each type of incident 
        described in paragraph (1), including the frequency of large 
        truck crashes caused by or in which an automobile driver was 
        predominately at fault, and the ratio of truck driver fatigue 
        versus automobile driver fatigue.
          (3) The correlation of--
                  (A) truck driver turnover and truck driver retention 
                and longevity rates with a given trucking company to 
                company crash rates, crash causation, the severity of 
                injuries, number of fatalities, and fault; and
                  (B) truck driver experience and safety records 
                proportional to company size.
          (4) The role of truck driver experience level, longevity with 
        a given trucking company, retention rate, high driver turnover 
        rates, and truck driver inexperience in highway crashes 
        involving trucks, and the degree to which each is a factor in a 
        crash.
          (5) The degree and frequency of such contributing factors as 
        weather conditions, traffic congestion, daytime or nighttime 
        conditions, variety of road and vehicle types, and types of 
        pick-up and delivery locations (such as urban, rural, and small 
        metropolitan areas) in crashes involving a truck.
          (6) Impacts and incentives perceived by truck drivers caused 
        by current Federal motor carrier safety regulations and the 
        inflexibility in the application and enforcement of 
        regulations.
          (7) An assessment of the data quality of the Compliance, 
        Safety, and Accountability initiative of the Federal Motor 
        Carrier Safety Administration, including compliance with the 
        Data Quality Act (Public Law 106-554; section 515 of H.R. 5658, 
        as introduced on December 14, 2000), the number of carriers for 
        which there is insufficient data, discrepancies in measurements 
        and methodologies, complaints about data quality, and whether 
        company size impacts data quality.
  (c) Report.--Not later than 9 months after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the study, including recommendations for 
achieving a better balance of safety with competition and efficiency 
and recommendations to reduce adverse regulatory impacts on small 
trucking companies and independent operators.
  (d) Prohibition.--No proposed regulations from the Federal Motor 
Carrier Safety Administration that relate to the contents of the study 
may become final or take effect before the expiration of the 180-day 
period beginning on the date the Comptroller General submits to the 
Committees the report described in subsection (c).

SEC. 6604. REPORT ON SMALL TRUCKING COMPANIES.

  (a) In General.--Not later than 180 days after the date of enactment 
of this Act, and annually thereafter, the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the efforts of the Department 
of Transportation to better balance truck competition and efficiency 
with safety.
  (b) Contents.--The report shall contain the following:
          (1) A description of specific steps that modal 
        administrations within the Department have taken and plan to 
        take to reduce economic and competitive disadvantages imposed 
        by specific regulations on small trucking companies, their 
        truck drivers, and independent operators.
          (2) A description of specific performance goals, plans for, 
        and performance to date on regulatory flexibility measures, 
        pursuant to the Regulatory Flexibility Act (Public Law 96-354), 
        the Data Quality Act (Public Law 106-554; section 515 of H.R. 
        5658, as introduced on December 14, 2000), and the Paperwork 
        Reduction Act of 1980 (Public Law 96-511), that are 
        affirmatively and precisely designed to achieve greater 
        flexibility with respect to regulatory compliance, in 
        particular detailing concrete steps to reasonably accommodate 
        the needs unique to small trucking companies, independent 
        operators, and special load haulers (such as of livestock, 
        frozen foodstuffs, and automobiles), relating to hours of 
        service rules, log- and recordkeeping, and the accounting of 
        driver time lost due to loading and unloading, traffic, or 
        weather delays.
          (3) A table showing the relation of truck driver experience 
        and tenure with a trucking company or as an independent 
        operator to incidence of being at fault in an accident.

SEC. 6605. RULEMAKING ON ROAD VISIBILITY OF AGRICULTURAL EQUIPMENT.

  (a) Rulemaking.--Not later than 2 years after the date of enactment 
of this Act, the Secretary, after consultation with the American 
Society of Agricultural and Biological Engineers, other appropriate 
Federal agencies, and other appropriate persons, shall issue a rule to 
improve the daytime and nighttime visibility of agricultural equipment 
that may be operated on a public road. Such rule shall establish 
minimum lighting and marking standards for applicable agricultural 
equipment manufactured 1 year or more subsequent to the effective date 
of the rule. Such rule shall provide for methods, materials, 
specifications, or equipment employed, equivalent to the standard set 
in ANSI/ASAE S279.14 published in July 2008 by the American Society of 
Agriculture and Biological Engineers and entitled ``Lighting and 
Marking of Agricultural Equipment on Highways'', or any successor 
standard.
  (b) Review.--The Secretary shall periodically, and not less than once 
every 5 years, review the standards established under this section and 
shall revise the standards to reflect the provisions of the edition of 
ANSI/ASAE S279 that is in effect at the time of the review.
  (c) Rules of Construction.--
          (1) Compliance with successor standards.--No provision of any 
        rule issued pursuant to this section shall prohibit the 
        operation on public roads of agricultural equipment that is 
        equipped according to any adopted edition of ANSI/ASAE S279 
        that is later than the edition of such standard that is 
        referenced during the issuance of the rule.
          (2) No retrofitting required.--No provision of any rule 
        issued pursuant to this section shall require the retrofitting 
        of agricultural equipment that is manufactured prior to 1 year 
        after the date on which a final rule is issued pursuant to 
        subsection (a).
          (3) No effect on additional materials and equipment.--No 
        provision of any rule issued pursuant to this section shall 
        prohibit the operation on public roads of agricultural 
        equipment that is equipped with materials or equipment that are 
        in addition to the minimum materials and equipment specified by 
        the standards established under the rule.
  (d) Definitions.--In this section, the following definitions apply:
          (1) Agricultural equipment.--The term ``agricultural 
        equipment'' means ``agricultural field equipment'' as defined 
        under the standard ANSI/ASABE S390.4 published by the American 
        Society of Agriculture and Biological Engineers, or any 
        successor standard.
          (2) Public road.--The term ``public road'' has the meaning 
        given that term in section 101 of title 23, United States Code.

SEC. 6606. TRANSPORTATION OF HORSES.

  Section 80502 of title 49, United States Code, is amended--
          (1) in subsection (c) by striking ``This section does not'' 
        and inserting ``Subsections (a) and (b) do not'';
          (2) by redesignating subsection (d) as subsection (e);
          (3) by inserting after subsection (c) the following:
  ``(d) Transportation of Horses.--
          ``(1) Prohibition.--No person may transport, or cause to be 
        transported, a horse from a place in a State, the District of 
        Columbia, or a territory or possession of the United States 
        through or to a place in another State, the District of 
        Columbia, or a territory or possession of the United States in 
        a motor vehicle containing 2 or more levels stacked on top of 
        each other.
          ``(2) Motor vehicle defined.--In this subsection, the term 
        `motor vehicle' has the meaning given that term in section 
        13102.''; and
          (4) in subsection (e) (as redesignated by paragraph (2) of 
        this subsection)--
                  (A) by striking ``A rail carrier'' and inserting the 
                following:
          ``(1) In general.--A rail carrier'';
                  (B) by striking ``this section'' and inserting 
                ``subsection (a) or (b)'';
                  (C) by striking ``On learning of a violation'' and 
                inserting the following:
          ``(2) Transportation of horses in multilevel trailer.--
                  ``(A) Civil penalty.--A person that knowingly 
                violates subsection (d) is liable to the United States 
                Government for a civil penalty of at least $100 but not 
                more than $500 for each violation. A separate violation 
                occurs under subsection (d) for each horse that is 
                transported, or caused to be transported, in violation 
                of subsection (d).
                  ``(B) Relationship to other laws.--The penalty 
                provided under subparagraph (A) shall be in addition to 
                any penalty or remedy available under any other law or 
                common law.
          ``(3) Civil action.--On learning of a violation of a 
        provision of this section''.

SEC. 6607. REGULATORY REVIEW AND REVISION.

  Not later than 12 months after the date of enactment of this Act, the 
Secretary shall review and revise the Federal motor carrier safety 
regulations contained in chapter III of subtitle B of title 49, Code of 
Federal Regulations, to--
          (1) simplify the regulations; and
          (2) eliminate those requirements that are outmoded or 
        excessively burdensome.

SEC. 6608. ISSUANCE OF SAFETY REGULATIONS.

  The Secretary shall take such actions as may be necessary in fiscal 
year 2012 to expedite the issuance of safety regulations to carry out 
this title (and the amendments made by this title) following the 
effective date of this title.

SEC. 6609. REPEALS.

  (a) Repeal of High-Priority Program.--Section 31104(k) is repealed.
  (b) Border Enforcement Grants.--Section 31107, and the item relating 
to that section in the analysis for chapter 311, are repealed.
  (c) Commercial Driver's License Information System Modernization.--
Subsections (c), (d), and (e) of section 4123 of SAFETEA-LU (119 Stat. 
1735-1736) are repealed.
  (d) Outreach and Education.--Section 4127 of SAFETEA-LU (119 Stat. 
1741), and the item relating to that section in the table of contents 
contained in section 1(b) of that Act, are repealed.
  (e) Safety Data Improvement Program.--Section 4128 of SAFETEA-LU (119 
Stat. 1742), and the item relating to that section in the table of 
contents contained in section 1(b) of that Act, are repealed.
  (f) Grant Program for Commercial Motor Vehicle Operators.--Section 
4134 of SAFETEA-LU (119 Stat. 1744), and the item relating to that 
section in the table of contents contained in section 1(b) of that Act, 
are repealed.
  (g) Report on Motor Carrier Employee Protections.--Section 4023 of 
the Transportation Equity Act for the 21st Century (49 U.S.C. 31105 
note; 112 Stat. 415), and the item relating to that section in the 
table of contents contained in section 1(b) of that Act, are repealed.

                   TITLE VII--RESEARCH AND EDUCATION

SEC. 7001. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--The following sums are authorized to be appropriated 
out of the Alternative Transportation Account of the Highway Trust 
Fund:
          (1) Highway research and development program.--To carry out 
        section 503 of title 23, United States Code, $141,750,000 for 
        each of fiscal years 2013 through 2016.
          (2) Technology and innovation deployment program.--To carry 
        out section 503a of title 23, United States Code, $60,750,000 
        for each of fiscal years 2013 through 2016.
          (3) Training and education.--To carry out section 504 of 
        title 23, United States Code, $25,500,000 for each of fiscal 
        years 2013 through 2016.
          (4) Intelligent transportation systems research.--To carry 
        out sections 512, 514, 515, 516, and 517 of title 23, United 
        States Code, $110,000,000 for each of fiscal years 2013 through 
        2016.
          (5) University transportation research.--To carry out section 
        5506 of title 49, United States Code, $75,000,000 for each of 
        fiscal years 2013 through 2016.
          (6) Bureau of transportation statistics.--To carry out 
        section 111 of title 49, United States Code, $27,000,000 for 
        each of fiscal years 2013 through 2016.
  (b) Applicability of Chapter 1 of Title 23.--Funds authorized to be 
appropriated by subsection (a) shall be available for obligation in the 
same manner as if such 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 such funds shall be 80 percent, 
unless otherwise expressly provided by this Act (including the 
amendments made by this Act) or otherwise determined by the Secretary, 
and such funds shall remain available until expended and shall not be 
transferable.

SEC. 7002. OBLIGATION CEILING.

  Notwithstanding any other provision of law, the total of all 
obligations from amounts made available from the Alternative 
Transportation Account of the Highway Trust Fund by section 7001(a) 
shall be $440,000,000 for each of fiscal years 2013 through 2016.

SEC. 7003. DEFINITIONS.

  Section 501 of title 23, United States Code, is amended--
          (1) by redesignating paragraph (2) as paragraph (7);
          (2) by redesignating paragraph (1) as paragraph (2);
          (3) by inserting before paragraph (2) (as so redesignated) 
        the following:
          ``(1) Connected vehicle technology.--The term `connected 
        vehicle technology' means the utilization of wireless 
        technology to enable multiple vehicles to communicate 
        information to each other.''; and
          (4) by inserting after paragraph (2) (as so redesignated) the 
        following:
          ``(3) 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.
          ``(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 term 
        `intelligent transportation system' means 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.--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.''.

SEC. 7004. SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, AND 
                    TECHNOLOGY.

  (a) In General.--Section 502 of title 23, United States Code, is 
amended--
          (1) in the section heading by striking ``research'' and 
        inserting ``research, development, and technology'';
          (2) in subsection (a)--
                  (A) in paragraph (2)--
                          (i) by redesignating subparagraphs (B) 
                        through (D) as subparagraphs (C) through (E), 
                        respectively;
                          (ii) by inserting after subparagraph (A) the 
                        following:
                  ``(B) addresses current or emerging needs;'';
                          (iii) in subparagraph (C) (as redesignated by 
                        clause (i) of this subparagraph) by striking 
                        ``supports research in which there is'' and 
                        inserting ``delivers'';
                          (iv) in subparagraph (D) (as redesignated by 
                        clause (i) of this subparagraph) by striking 
                        ``or'' after the semicolon;
                          (v) in subparagraph (E) (as redesignated by 
                        clause (i) of this subparagraph) by striking 
                        the period at the end and inserting a 
                        semicolon; and
                          (vi) by adding at the end the following:
                  ``(F) presents the best means to align resources with 
                multiyear plans and priorities; or
                  ``(G) ensures the coordination of highway research 
                and technology transfer activities, including those 
                performed by the university transportation centers 
                established under subchapter I of chapter 55 of title 
                49.'';
                  (B) in paragraph (3)--
                          (i) in subparagraph (B)--
                                  (I) by striking ``support and'' and 
                                inserting ``partner with State 
                                transportation departments and other 
                                stakeholders as appropriate to''; and
                                  (II) by striking ``by State highway 
                                agencies'';
                          (ii) in subparagraph (C)--
                                  (I) by striking ``share'' and 
                                inserting ``communicate'';
                                  (II) by inserting ``on-going and'' 
                                before ``completed''; and
                                  (III) by striking ``and'' after the 
                                semicolon;
                          (iii) in subparagraph (D)--
                                  (I) by striking ``support and 
                                facilitate technology'' and inserting 
                                ``lead efforts to coordinate areas of 
                                national emphasis for highway research, 
                                technology,''; and
                                  (II) by striking the period at the 
                                end and inserting a semicolon; and
                          (iv) by adding at the end the following:
                  ``(E) leverage partnerships with industry, academia, 
                and other entities; and
                  ``(F) conduct, facilitate, and support training and 
                education of current and future transportation 
                professionals.'';
                  (C) in paragraph (4)(C) by striking ``policy and 
                planning'' and inserting ``all highway objectives 
                seeking to improve the performance of the 
                transportation system'';
                  (D) in paragraph (5) by inserting ``tribal 
                governments,'' after ``local governments,'';
                  (E) by striking paragraph (7) and inserting the 
                following:
          ``(7) Performance review and evaluation.--
                  ``(A) In general.--To the maximum extent practicable, 
                all surface transportation research and development 
                projects shall include a component of performance 
                measurement and evaluation.
                  ``(B) Performance measures.--Performance measures 
                shall be established during the proposal stage of a 
                research and development project and shall, to the 
                maximum extent practicable, be outcome-based.
                  ``(C) Program plan.--To the maximum extent 
                practicable, each program pursued under this chapter 
                shall be part of a data-driven, outcome-oriented 
                program plan.
                  ``(D) Availability of evaluations.--All evaluations 
                under this paragraph shall be made readily available to 
                the public.''; and
                  (F) in paragraph (8) by striking ``surface'';
          (3) in subsection (b)--
                  (A) by striking paragraph (4) and inserting the 
                following:
          ``(4) Technological innovation.--The Secretary shall ensure 
        that the programs and activities carried out under this chapter 
        are consistent with the transportation research and development 
        strategic plan developed under section 508.'';
                  (B) in paragraph (5) by striking ``section'' each 
                place it appears and inserting ``chapter'';
                  (C) in paragraph (6) by adding at the end the 
                following:
                  ``(C) Transfer of funds among states or to federal 
                highway administration.--The Secretary, at the request 
                of a State, may transfer funds apportioned or allocated 
                under this chapter to the State to another State, or to 
                the Federal Highway Administration, for the purpose of 
                funding research, development, and technology transfer 
                activities of mutual interest on a pooled funds basis.
                  ``(D) Transfer of obligation authority.--Obligation 
                authority for funds transferred under this subsection 
                shall be transferred in the same manner and amount as 
                the funds for projects that are transferred under this 
                subsection.''; and
                  (D) by adding at the end the following:
          ``(7) Prize competitions.--
                  ``(A) In general.--Consistent with section 24 of the 
                Stevenson-Wydler Technology Innovation Act of 1980, the 
                Secretary may carry out a program to award prizes 
                competitively to stimulate innovation in the area of 
                surface transportation that has the potential to 
                advance the Federal Highway Administration's research 
                and technology objectives and activities under section 
                503.
                  ``(B) Annual report.--
                          ``(i) In general.--Not later than March 1 of 
                        each year, the Secretary shall submit to the 
                        Committees on Transportation and Infrastructure 
                        and Science, Space, and Technology of the House 
                        of Representatives and the Committees on 
                        Environment and Public Works and Commerce, 
                        Science, and Transportation of the Senate a 
                        report on the activities carried out during the 
                        preceding fiscal year under the authority in 
                        subparagraph (A) if such authority under 
                        subparagraph (A) was utilized by the Secretary.
                          ``(ii) Information included.--A report under 
                        this subparagraph shall include, for each prize 
                        competition under subparagraph (A), the 
                        following:
                                  ``(I) A description of the proposed 
                                goals of each prize competition.
                                  ``(II) An analysis of why the 
                                utilization of the authority in 
                                subparagraph (A) was the preferable 
                                method of achieving the goals described 
                                in subclause (I) as opposed to other 
                                authorities available to the agency, 
                                such as contracts, grants, and 
                                cooperative agreements.
                                  ``(III) The total amount of cash 
                                prizes awarded for each prize 
                                competition, including a description of 
                                the amount of private funds contributed 
                                to the program, the sources of such 
                                funds, and the manner in which the 
                                amounts of cash prizes awarded and 
                                claimed were allocated among the 
                                accounts of the agency for recording as 
                                obligations and expenditures.
                                  ``(IV) The methods used for the 
                                solicitation and evaluation of 
                                submissions under each prize 
                                competition, together with an 
                                assessment of the effectiveness of such 
                                methods and lessons learned for future 
                                prize competitions.
                                  ``(V) A description of the resources, 
                                including personnel and funding, used 
                                in the execution of each prize 
                                competition together with a detailed 
                                description of the activities for which 
                                such resources were used and an 
                                accounting of how funding for execution 
                                was allocated among the accounts of the 
                                agency for recording as obligations and 
                                expenditures.
                                  ``(VI) A description of how each 
                                prize competition advanced the mission 
                                of the Department of Transportation.'';
          (4) in subsection (c)--
                  (A) in paragraph (3)(A)--
                          (i) by striking ``The'' and inserting 
                        ``Except as otherwise provided in this chapter, 
                        the'';
                          (ii) by striking ``subsection'' and inserting 
                        ``chapter''; and
                          (iii) by striking ``50'' and inserting 
                        ``80'';
                  (B) in paragraph (4) by striking ``subsection'' and 
                inserting ``chapter''; and
          (5) by striking subsections (d) through (j).
  (b) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by striking the item relating to section 
502 and inserting the following:

``502. Surface transportation research, development, and technology.''.

SEC. 7005. RESEARCH AND DEVELOPMENT.

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

``Sec. 503. Research and development

  ``(a) In General.--The Secretary shall establish a research and 
development program in accordance with this section and the strategic 
plan developed under section 508.
  ``(b) Responsibilities.--To address current and emerging highway 
transportation needs, the Secretary, in carrying out the program under 
this section, shall--
          ``(1) identify research topics;
          ``(2) conduct research, testing, and evaluation activities;
          ``(3) facilitate technology transfer;
          ``(4) provide technical assistance; and
          ``(5) ensure program activities are coordinated with the 
        transportation research and development strategic plan 
        developed under section 508.
  ``(c) Improving Highway Safety.--
          ``(1) Objectives.--In carrying out the program under this 
        section, the Secretary shall create systematic measures to 
        improve highway safety for all road users, vehicles, and public 
        roads to--
                  ``(A) achieve greater long-term safety gains;
                  ``(B) reduce the number of fatalities and serious 
                injuries;
                  ``(C) fill knowledge gaps that currently limit the 
                effectiveness of research;
                  ``(D) support the development and implementation of 
                State strategic highway safety plans under section 148;
                  ``(E) advance improvements in and use of performance 
                prediction analysis for decisionmaking;
                  ``(F) expand technology transfer to partners and 
                stakeholders;
                  ``(G) achieve safety benefits through connected 
                vehicle technology; and
                  ``(H) enhance rural highway safety.
          ``(2) Activities.--Research and development activities 
        carried out under this subsection may include activities 
        relating to--
                  ``(A) safety assessments and decisionmaking tools;
                  ``(B) data collection and analysis;
                  ``(C) crash reduction projections;
                  ``(D) low-cost safety countermeasures;
                  ``(E) innovative operational improvements and designs 
                of roadway and roadside features;
                  ``(F) evaluation of countermeasure costs and 
                benefits;
                  ``(G) development of tools for projecting impacts of 
                safety countermeasures;
                  ``(H) rural road safety;
                  ``(I) safety policy studies;
                  ``(J) human factors studies and methods;
                  ``(K) safety technology deployment;
                  ``(L) safety program and process improvements; and
                  ``(M) tools and methods to enhance safety 
                performance, including achievement of statewide safety 
                performance targets.
  ``(d) Improving Highway Infrastructure Integrity.--
          ``(1) Objectives.--In carrying out the program under this 
        section, the Secretary shall improve the ability to maintain 
        highway infrastructure integrity, meet user needs, and improve 
        system performance through targeted Federal transportation 
        investments to--
                  ``(A) reduce the number of fatalities attributable to 
                highway infrastructure design characteristics and work 
                zones;
                  ``(B) improve the safety of highway infrastructure;
                  ``(C) increase the reliability of life-cycle 
                performance predictions used in highway infrastructure 
                design, construction, and management;
                  ``(D) improve the ability of transportation agencies 
                to deliver projects that meet expectations for 
                timeliness, quality, and cost;
                  ``(E) reduce user delay attributable to highway 
                infrastructure system performance, maintenance, 
                rehabilitation, and construction;
                  ``(F) improve highway condition and performance 
                through increased use of innovative pavements during 
                highway design, construction, and maintenance;
                  ``(G) improve highway condition and performance 
                through increased use of innovative designs, materials, 
                and construction methods in the construction, repair, 
                and rehabilitation of bridges;
                  ``(H) reduce the life-cycle environmental impacts of 
                highway infrastructure, including design, construction, 
                operation, preservation, and maintenance; and
                  ``(I) improve the resiliency of roadways to 
                commercial heavy freight traffic.
          ``(2) Activities.--Research and technology activities carried 
        out under this subsection may include activities relating to--
                  ``(A) long-term infrastructure performance programs 
                addressing pavements, bridges, tunnels, and other 
                structures;
                  ``(B) short-term and accelerated studies of highway 
                infrastructure performance;
                  ``(C) the development of more durable highway and 
                bridge infrastructure materials and systems, including 
                the use of carbon fiber composite materials in bridge 
                replacement and rehabilitation;
                  ``(D) advanced highway and bridge infrastructure 
                design methods;
                  ``(E) accelerated highway construction;
                  ``(F) performance-based specifications;
                  ``(G) construction and materials quality assurance;
                  ``(H) comprehensive and integrated highway 
                infrastructure asset management;
                  ``(I) technology transfer and adoption of permeable, 
                pervious, or porous paving materials, practices, and 
                systems that are designed to minimize environmental 
                impacts, stormwater runoff, and flooding and to treat 
                or remove pollutants by allowing stormwater to 
                infiltrate through the pavement in a manner similar to 
                predevelopment hydrologic conditions;
                  ``(J) sustainable highway infrastructure design and 
                construction;
                  ``(K) highway and bridge infrastructure 
                rehabilitation and preservation techniques, including 
                those techniques to address historic infrastructure;
                  ``(L) hydraulic, geotechnical, and aerodynamic 
                aspects of highway infrastructure;
                  ``(M) improved highway construction technologies and 
                practices;
                  ``(N) improved tools, technologies, and models for 
                highway and bridge infrastructure management, including 
                assessment and monitoring of infrastructure condition;
                  ``(O) improving flexibility and resiliency of highway 
                and bridge infrastructure systems to withstand climate 
                variability; and
                  ``(P) highway infrastructure resilience and other 
                adaptation measures.
  ``(e) Reducing Congestion, Improving Highway Operations, and 
Enhancing Freight Productivity.--
          ``(1) Objectives.--In carrying out the program under this 
        section, the Secretary shall examine approaches to reduce 
        traffic congestion (including freight-related congestion 
        throughout the transportation network), reduce the costs of 
        such congestion, and improve freight movement.
          ``(2) Activities.--Research and technology activities carried 
        out under this subsection may include examination of--
                  ``(A) active traffic and demand management;
                  ``(B) accelerating deployment of intelligent 
                transportation systems;
                  ``(C) arterial management and traffic signal 
                operation;
                  ``(D) congestion pricing;
                  ``(E) corridor management;
                  ``(F) emergency operations;
                  ``(G) freeway management;
                  ``(H) impacts of vehicle size and weight;
                  ``(I) freight operations and technology;
                  ``(J) operations and freight performance measurement 
                and management;
                  ``(K) organizing and planning for operations;
                  ``(L) planned special events management;
                  ``(M) real-time transportation information, including 
                real-time ridesharing;
                  ``(N) road weather management;
                  ``(O) traffic and freight data and analysis tools;
                  ``(P) traffic control devices;
                  ``(Q) traffic incident management;
                  ``(R) workzone management;
                  ``(S) mechanisms that communicate travel, roadway, 
                and emergency information to all road users (as defined 
                in section 148); and
                  ``(T) enhanced mode choice and intermodal 
                connectivity.
  ``(f) Assessing Policy and System Financing Alternatives.--
          ``(1) Objectives.--In carrying out the program under this 
        section, the Secretary shall conduct policy analysis on 
        emerging issues in the transportation community to provide 
        information to policymakers and decisionmakers.
          ``(2) Activities.--Research and technology activities carried 
        out under this subsection may include activities relating to--
                  ``(A) highway needs and investment analysis;
                  ``(B) analysis of legislative development and 
                implementation;
                  ``(C) highway policy analysis;
                  ``(D) the effect of highway congestion on the 
                economy;
                  ``(E) research in emerging policy areas;
                  ``(F) advancing innovations in revenue generation, 
                financing, and procurement for project delivery;
                  ``(G) improving project financial and cost analysis;
                  ``(H) highway performance measurement;
                  ``(I) travel demand performance measurement; and
                  ``(J) highway finance performance measurement.
          ``(3) Infrastructure investment needs report.--
                  ``(A) In general.--Not later than July 31, 2012, and 
                July 31 of every second year thereafter, the Secretary 
                shall transmit 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 that describes estimates of the future highway 
                and bridge needs of the United States and the backlog 
                of highway and bridge needs at the time of the report.
                  ``(B) Comparison.--Each report under subparagraph (A) 
                shall provide the means, including all necessary 
                information, to relate and compare the conditions and 
                service measures used in the previous biennial reports.
  ``(g) Exploratory Advanced Research.--In carrying out the program 
under this section, the Secretary shall conduct long-term, higher-risk 
research, consistent with the transportation research and development 
plan under section 508, with the potential for dramatic breakthroughs 
in the field of highway transportation.
  ``(h) Grants, Cooperative Agreements, and Contracts.--
          ``(1) In general.--In carrying out the program under this 
        section, the Secretary may make grants to, and enter into 
        cooperative agreements and contracts with, States, other 
        Federal agencies, institutions of higher education, private 
        sector entities, and nonprofit organizations to pay the Federal 
        share of the cost of research, development, and technology 
        transfer activities.
          ``(2) Applications.--To receive a grant under this 
        subsection, an entity described in paragraph (1) shall submit 
        an application to the Secretary. The application shall be in 
        such form and contain such information and assurances as the 
        Secretary may require.
          ``(3) Technology and information transfer.--The Secretary 
        shall ensure that the information and technology resulting from 
        research conducted under this subsection is made available to 
        State and local transportation departments and other interested 
        parties as specified by the Secretary.
  ``(i) Turner-Fairbank Highway Research Center.--
          ``(1) In general.--The Secretary shall operate in the Federal 
        Highway Administration a Turner-Fairbank Highway Research 
        Center.
          ``(2) Uses of the center.--The Center shall support--
                  ``(A) the conduct of highway research and development 
                related to new highway technology, including connected 
                vehicle technology;
                  ``(B) the development of understandings, tools, and 
                techniques that provide solutions to complex technical 
                problems through the development of economical and 
                environmentally sensitive designs, efficient and 
                quality-controlled construction practices, and durable 
                materials;
                  ``(C) the development of innovative highway products 
                and practices; and
                  ``(D) long-term high-risk research to improve the 
                materials used in highway infrastructure.
  ``(j) Centers for Surface Transportation Excellence.--
          ``(1) Establishment.--The Secretary may establish not more 
        than 4 centers for surface transportation excellence.
          ``(2) Goals.--The goals of the centers for surface 
        transportation excellence are to promote and support strategic 
        national surface transportation programs and activities 
        relating to the work of State departments of transportation.
          ``(3) Role of the centers.--To achieve the goals set forth in 
        paragraph (2), the Secretary shall establish centers that 
        provide technical assistance, information sharing of best 
        practices, and training in the use of tools and decisionmaking 
        processes that can assist States in effectively implementing 
        surface transportation programs, projects, and policies.
          ``(4) Program administration.--
                  ``(A) Competition.--A party entering into a contract, 
                cooperative agreement, or other transaction with the 
                Secretary under this subsection, or receiving a grant 
                to perform research or provide technical assistance 
                under this subsection, shall be selected on a 
                competitive basis.
                  ``(B) Strategic plan.--The Secretary shall require 
                each center to develop a multiyear strategic plan, and 
                submit the plan to the Secretary at such time as the 
                Secretary requires, that describes--
                          ``(i) the activities to be undertaken by the 
                        center; and
                          ``(ii) how the work of the center will be 
                        coordinated with the activities of the Federal 
                        Highway Administration and the various other 
                        research, development, and technology transfer 
                        activities authorized by this chapter.
          ``(5) Funding.--Of the amounts made available by section 
        7001(a)(1) of the American Energy and Infrastructure Jobs Act 
        of 2012, not more than $3,000,000 for each of fiscal years 2013 
        through 2016 shall be available to carry out this 
        subsection.''.
  (b) Clerical Amendment.--The analysis for chapter 5 of such title is 
amended by striking the item relating to section 503 and inserting the 
following:

``503. Research and development.''.

SEC. 7006. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.

  (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by inserting after section 503 the following:

``Sec. 503a. Technology and innovation deployment program

  ``(a) In General.--The Secretary, in accordance with the strategic 
plan developed under section 508, shall carry out a technology and 
innovation deployment program on all aspects of highway transportation 
by promoting and facilitating the products, technologies, tools, 
methods, or other findings resulting from highway research conducted 
under this chapter.
  ``(b) Objectives.--The Secretary shall seek to advance the following 
objectives:
          ``(1) Significantly accelerate the adoption of innovative 
        technologies by the surface transportation community.
          ``(2) Significantly accelerate the adoption of advanced 
        modeling technologies, as described in section 106, by the 
        surface transportation community.
          ``(3) Provide leadership and incentives to demonstrate and 
        promote state-of-the-art technologies, elevated performance 
        standards, and new business practices in highway construction 
        processes that result in improved safety, faster construction, 
        reduced congestion from construction, and improved quality and 
        user satisfaction.
          ``(4) Advance longer-lasting highways using innovative 
        technologies and practices to accomplish more rapid 
        construction of efficient and safe highways and bridges.
          ``(5) Improve highway efficiency, safety, mobility, 
        reliability, service life, and environmental protection.
          ``(6) Develop and deploy new tools, techniques, and practices 
        to accelerate the adoption of innovation in all aspects of 
        highway transportation.
          ``(7) Enhance deployment and operations of intelligent 
        transportation systems.
  ``(c) Activities.--The program may include--
          ``(1) activities conducted under section 503;
          ``(2) other technologies and innovations requiring additional 
        development and testing not performed under section 503 but 
        necessary to bring about successful deployment and delivery; 
        and
          ``(3) developing and improving innovative technologies and 
        practices and exploring new technologies to accelerate 
        innovation adoption.
  ``(d) Grants, Cooperative Agreements, and Contracts.--
          ``(1) In general.--Under the program, the Secretary may make 
        grants to, and enter into cooperative agreements and contracts 
        with, States, other Federal agencies, institutions of higher 
        education, private sector entities, Federal laboratories, and 
        nonprofit organizations to pay the Federal share of the cost of 
        research, development, and deployment activities.
          ``(2) Applications.--To receive a grant under this 
        subsection, an entity described in paragraph (1) shall submit 
        an application to the Secretary. The application shall be in 
        such form and contain such information and assurances as the 
        Secretary may require.
          ``(3) Technology and information transfer.--The Secretary 
        shall ensure that the information and technology resulting from 
        research conducted under this subsection is made available to 
        State and local transportation departments and other interested 
        parties as specified by the Secretary.
  ``(e) Deployment of Future Strategic Highway Research Program Results 
and Products.--
          ``(1) In general.--The Secretary, in consultation with the 
        American Association of State Highway and Transportation 
        Officials and the National Academy of Sciences, shall promote 
        research results and products developed under the Strategic 
        Highway Research Program 2 administered by the Transportation 
        Research Board of the National Academy of Sciences.
          ``(2) Strategy of promotion.--The Secretary, to the extent 
        practicable, shall base the deployment of research results and 
        products described in paragraph (1) on the recommendations 
        included in the Transportation Research Board Special Report 
        296 entitled `Implementing the Results of the Second Strategic 
        Highway Research Program: Saving Lives, Reducing Congestion, 
        Improving Quality of Life'.''.
  (b) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 503 the following:

``503a. Technology and innovation deployment program.''.

SEC. 7007. TRAINING AND EDUCATION.

  Section 504 of title 23, United States Code, is amended--
          (1) in subsection (a)(2) by striking subparagraph (A) and 
        inserting the following:
                  ``(A) Federal Highway Administration employees, State 
                and local transportation agency employees, and Federal 
                agency partners;'';
          (2) in subsection (b) by striking paragraph (3) and inserting 
        the following:
          ``(3) Federal share.--
                  ``(A) Local technical assistance centers.--Subject to 
                clause (ii), the Federal share of the cost of any 
                activity carried out by a local technical assistance 
                center under paragraphs (1) and (2) shall be 50 
                percent, except that the remaining share may include 
                funds provided to a recipient under subsection (e) or 
                section 505.
                  ``(B) Tribal technical assistance centers.--The 
                Federal share of the cost of activities carried out by 
                the tribal technical assistance centers under paragraph 
                (2)(D)(ii) shall be 100 percent.'';
          (3) in subsection (c)(2) by adding at the end the following: 
        ``Funds provided to institutions of higher education to carry 
        out this paragraph shall be used in direct support of student 
        expenses associated with their transportation studies.'';
          (4) by striking subsection (d);
          (5) by redesignating subsections (e) through (g) as 
        subsections (d) through (f), respectively;
          (6) in subsection (d) (as so redesignated)--
                  (A) in paragraph (1)--
                          (i) by striking ``sections 104(b)(1), 
                        104(b)(2), 104(b)(3), 104(b)(4), and 144(e)'' 
                        and inserting ``paragraphs (1), (2), and (3) of 
                        section 104(b)'';
                          (ii) in subparagraph (D) by striking ``and'';
                          (iii) in subparagraph (E) by striking the 
                        period at the end and inserting a semicolon; 
                        and
                          (iv) by adding at the end the following:
                  ``(F) activities delivered by the National Highway 
                Institute under subsection (a); and
                  ``(G) the local technical assistance program under 
                subsection (b).''; and
                  (B) in paragraph (2) by inserting before the period 
                at the end the following: ``, except for activities 
                carried out under paragraph (1)(G), for which the 
                Federal share shall be 50 percent as described in 
                subsection (b)(3)(A)''; and
          (7) in the heading of subsection (e) (as redesignated by 
        paragraph (5) of this section) by striking ``Pilot''.

SEC. 7008. STATE PLANNING AND RESEARCH.

  Section 505(a) of title 23, United States Code, is amended in the 
first sentence by striking ``104(h)) and under section 144'' and 
inserting ``104(i))''.

SEC. 7009. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH PROGRAM.

  Section 506 of title 23, United States Code, and the item relating to 
such section in the analysis for chapter 5 of such title, are repealed.

SEC. 7010. SURFACE TRANSPORTATION-ENVIRONMENTAL COOPERATIVE RESEARCH 
                    PROGRAM.

  Section 507 of title 23, United States Code, and the item relating to 
such section in the analysis for chapter 5 of such title, are repealed.

SEC. 7011. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC PLANNING.

  Section 508(a) of title 23, United States Code, is amended--
          (1) in paragraph (1)--
                  (A) by striking ``SAFETEA-LU'' and inserting 
                ``American Energy and Infrastructure Jobs Act of 
                2012''; and
                  (B) by adding ``, acting through the Administrator of 
                the Research and Innovative Technology 
                Administration,'' after ``Secretary''; and
          (2) in paragraph (2)(A)(iii) by striking ``promoting 
        security'' and inserting ``improving goods movement''.

SEC. 7012. NATIONAL COOPERATIVE FREIGHT TRANSPORTATION RESEARCH 
                    PROGRAM.

  Section 509 of title 23, United States Code, and the item relating to 
such section in the analysis for chapter 5 of such title, are repealed.

SEC. 7013. FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM.

  Section 510 of title 23, United States Code, and the item relating to 
such section in the analysis for chapter 5 of such title, are repealed.

SEC. 7014. NATIONAL INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM PLAN.

  (a) In General.--Section 512 of title 23, United States Code, is 
amended--
          (1) in the section heading by striking ``ITS'' and inserting 
        ``intelligent transportation systems''; and
          (2) in subsection (a)(1) by striking ``SAFETEA-LU'' and 
        inserting ``American Energy and Infrastructure Jobs Act of 
        2012''.
  (b) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by striking the item relating to section 
512 and inserting the following:

``512. National intelligent transportation systems program plan.''.

SEC. 7015. USE OF FUNDS FOR INTELLIGENT TRANSPORTATION SYSTEMS 
                    ACTIVITIES.

  (a) In General.--Section 513 of title 23, United States Code, is 
amended--
          (1) in the section heading by striking ``ITS'' and inserting 
        ``intelligent transportation systems''; and
          (2) in subsection (a) by striking ``subtitle C of title V of 
        the SAFETEA-LU'' and inserting ``section 7001(a)(4) of the 
        American Energy and Infrastructure Jobs Act of 2012''.
  (b) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by striking the item relating to section 
513 and inserting the following:

``513. Use of funds for intelligent transportation systems 
activities.''.

SEC. 7016. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM GOALS AND 
                    PURPOSES.

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

``Sec. 514. Intelligent transportation systems program goals and 
                    purposes

  ``(a) Goals.--The goals of the intelligent transportation system 
program include--
          ``(1) enhancement of surface transportation efficiency and 
        facilitation of intermodalism and international trade to enable 
        existing facilities to meet a significant portion of future 
        transportation needs, including public access to employment, 
        goods, and services, and to reduce regulatory, financial, and 
        other transaction costs to public agencies and system users;
          ``(2) achievement of national transportation safety goals, 
        including the enhancement of safe operation of motor vehicles 
        and nonmotorized vehicles and improved emergency response to a 
        crash, with particular emphasis on decreasing the number and 
        severity of collisions;
          ``(3) protection and enhancement of the natural environment 
        and communities affected by surface transportation, with 
        particular emphasis on assisting State and local governments to 
        achieve national environmental goals;
          ``(4) accommodation of the needs of all users of surface 
        transportation systems, including operators of commercial motor 
        vehicles, passenger motor vehicles, motorcycles, and bicycles 
        and pedestrians, including individuals with disabilities; and
          ``(5) improvement of the Nation's ability to respond to 
        emergencies and natural disasters.
  ``(b) Purposes.--The Secretary shall implement activities under the 
intelligent system transportation program to, at a minimum--
          ``(1) expedite, in both metropolitan and rural areas, 
        deployment and integration of intelligent transportation 
        systems for consumers of passenger and freight transportation;
          ``(2) ensure that Federal, State, and local transportation 
        officials have adequate knowledge of intelligent transportation 
        systems for consideration in the transportation planning 
        process;
          ``(3) improve regional cooperation and operations planning 
        for effective intelligent transportation system deployment;
          ``(4) promote the innovative use of private resources;
          ``(5) facilitate, in cooperation with the motor vehicle 
        industry, the introduction of vehicle-based safety enhancing 
        systems;
          ``(6) support the application of intelligent transportation 
        systems that increase the safety and efficiency of commercial 
        motor vehicle operations;
          ``(7) develop a workforce capable of developing, operating, 
        and maintaining intelligent transportation systems; and
          ``(8) provide continuing support for operations and 
        maintenance of intelligent transportation systems.''.
  (b) Repeal.--Section 5303 of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users is repealed.
  (c) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by adding after the item relating to 
section 513 the following:

``514. Intelligent transportation systems program goals and 
purposes.''.

SEC. 7017. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM GENERAL 
                    AUTHORITIES AND REQUIREMENTS.

  (a) In General.--Chapter 5 of title 23, United States Code, is 
further amended by adding at the end the following:

``Sec. 515. Intelligent transportation systems program general 
                    authority and requirements

  ``(a) Scope.--Subject to the provisions of this chapter, the 
Secretary shall conduct an ongoing intelligent transportation system 
program to research, develop, and operationally test intelligent 
transportation systems and to provide technical assistance in the 
nationwide application of those systems as a component of the surface 
transportation systems of the United States.
  ``(b) Policy.--Intelligent transportation system research projects 
and operational tests funded pursuant to this chapter shall encourage 
and not displace public-private partnerships or private sector 
investment in such tests and projects.
  ``(c) Cooperation With Governmental, Private, and Educational 
Entities.--The Secretary shall carry out the intelligent transportation 
system program in cooperation with State and local governments and 
other public entities, private sector firms in the United States, 
Federal laboratories, and institutions of higher education, including 
historically Black colleges and universities and other minority 
institutions of higher education.
  ``(d) Consultation With Federal Officials.--In carrying out the 
intelligent transportation system program, the Secretary shall consult 
with the heads of other Federal departments and agencies, as 
appropriate.
  ``(e) Technical Assistance, Training, and Information.--The Secretary 
may provide technical assistance, training, and information to State 
and local governments seeking to implement, operate, maintain, or 
evaluate intelligent transportation system technologies and services.
  ``(f) Transportation Planning.--The Secretary may provide funding to 
support adequate consideration of transportation systems management and 
operations, including intelligent transportation systems, within 
metropolitan and statewide transportation planning processes.
  ``(g) Information Clearinghouse.--
          ``(1) In general.--The Secretary shall--
                  ``(A) maintain a repository for technical and safety 
                data collected as a result of federally sponsored 
                projects carried out under this chapter; and
                  ``(B) make, on request, that information (except for 
                proprietary information and data) readily available to 
                all users of the repository at an appropriate cost.
          ``(2) Agreement.--
                  ``(A) In general.--The Secretary may enter into an 
                agreement with a third party for the maintenance of the 
                repository for technical and safety data under 
                paragraph (1)(A).
                  ``(B) Federal financial assistance.--If the Secretary 
                enters into an agreement with an entity for the 
                maintenance of the repository, the entity shall be 
                eligible for Federal financial assistance under this 
                section.
          ``(3) Availability of information.--Information in the 
        repository shall not be subject to sections 552 and 555 of 
        title 5, United States Code.
  ``(h) Infrastructure Development.--Funds made available to carry out 
this chapter for operational tests--
          ``(1) shall be used primarily for the development of 
        intelligent transportation system infrastructure; and
          ``(2) to the maximum extent practicable, shall not be used 
        for the construction of physical highway and public 
        transportation infrastructure unless the construction is 
        incidental and critically necessary to the implementation of an 
        intelligent transportation system project.''.
  (b) Repeal.--Sections 5304 and 5305 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users are 
repealed.
  (c) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is further amended by adding after the item 
relating to section 514 the following:

``515. Intelligent transportation systems program general authority and 
requirements.''.

SEC. 7018. INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH AND DEVELOPMENT.

  (a) In General.--Chapter 5 of title 23, United States Code, is 
further amended by adding at the end the following:

``Sec. 516. Intelligent transportation systems research and development

  ``(a) In General.--The Secretary shall carry out a comprehensive 
program of intelligent transportation system research, development, and 
operational tests of intelligent vehicles and intelligent 
infrastructure systems and other similar activities that are necessary 
to carry out this chapter.
  ``(b) Priority Areas.--Under the program, the Secretary shall give 
higher priority to funding projects that--
          ``(1) enhance mobility and productivity through improved 
        traffic management, incident management, transit management, 
        freight management, road weather management, toll collection, 
        traveler information, or highway operations systems and remote 
        sensing products;
          ``(2) utilize interdisciplinary approaches to develop traffic 
        management strategies and tools to address multiple impacts of 
        congestion concurrently;
          ``(3) address traffic management, incident management, 
        transit management, toll collection traveler information, or 
        highway operations systems;
          ``(4) incorporate research on the impact of environmental, 
        weather, and natural conditions on intelligent transportation 
        systems, including the effects of cold climates;
          ``(5) enhance intermodal use of intelligent transportation 
        systems for diverse groups, including for emergency and health-
        related services;
          ``(6) enhance safety through improved crash avoidance and 
        protection, crash and other emergency personnel notification, 
        commercial motor vehicle operations, and infrastructure-based 
        or cooperative safety systems; and
          ``(7) facilitate the integration of intelligent 
        infrastructure, vehicle, and control technologies.''.
  (b) Repeal.--Section 5306 of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users is repealed.
  (c) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is further amended by adding after the item 
relating to section 515 the following:

``516. Intelligent transportation systems research and development.''.

SEC. 7019. INTELLIGENT TRANSPORTATION SYSTEMS NATIONAL ARCHITECTURE AND 
                    STANDARDS.

  (a) In General.--Chapter 5 of title 23, United States Code, is 
further amended by adding at the end the following:

``Sec. 517. Intelligent transportation systems national architecture 
                    and standards

  ``(a) In General.--
          ``(1) Development, implementation, and maintenance.--
        Consistent with section 12(d) of the National Technology 
        Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 
        Stat. 783), the Secretary shall develop, implement, and 
        maintain a national architecture and supporting standards and 
        protocols to promote the widespread use and evaluation of 
        intelligent transportation system technology as a component of 
        the surface transportation systems of the United States.
          ``(2) Interoperability and efficiency.--To the maximum extent 
        practicable, the national architecture shall promote 
        interoperability among, and efficiency of, intelligent 
        transportation system technologies implemented throughout the 
        United States.
          ``(3) Use of standards development organizations.--In 
        carrying out this section, the Secretary shall use the services 
        of such standards development organizations as the Secretary 
        determines to be appropriate.
  ``(b) Provisional Standards.--
          ``(1) In general.--If the Secretary finds that the 
        development or balloting of an intelligent transportation 
        system standard jeopardizes the timely achievement of the 
        objectives identified in subsection (a), the Secretary may 
        establish a provisional standard, after consultation with 
        affected parties, using, to the extent practicable, the work 
        product of appropriate standards development organizations.
          ``(2) Period of effectiveness.--A provisional standard 
        established under paragraph (1) shall be published in the 
        Federal Register and remain in effect until the appropriate 
        standards development organization adopts and publishes a 
        standard.
  ``(c) Conformity With National Architecture.--
          ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), the Secretary shall ensure that intelligent transportation 
        system projects carried out using funds made available from the 
        Highway Trust Fund, including funds made available under this 
        chapter, to deploy intelligent transportation system 
        technologies conform to the national architecture, applicable 
        standards or provisional standards, and protocols developed 
        under subsection (a).
          ``(2) Secretary's discretion.--The Secretary may authorize 
        exceptions to paragraph (1) for--
                  ``(A) projects designed to achieve specific research 
                objectives outlined in the national intelligent 
                transportation system program plan or the surface 
                transportation research and development strategic plan 
                developed under section 508; or
                  ``(B) the upgrade or expansion of an intelligent 
                transportation system in existence on the date of 
                enactment of the SAFETEA-LU if the Secretary determines 
                that the upgrade or expansion--
                          ``(i) would not adversely affect the goals or 
                        purposes of this chapter;
                          ``(ii) is carried out before the end of the 
                        useful life of such system; and
                          ``(iii) is cost-effective as compared to 
                        alternatives that would meet the conformity 
                        requirement of paragraph (1).
          ``(3) Exceptions.--Paragraph (1) shall not apply to funds 
        used for operation or maintenance of an intelligent 
        transportation system in existence on the date of enactment of 
        the SAFETEA-LU.
  ``(d) Standard Defined.--The term `standard' means a document that--
          ``(1) 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 their purposes; and
          ``(2) may support the national architecture and promote--
                  ``(A) the widespread use and adoption of intelligent 
                transportation system technology as a component of the 
                surface transportation systems of the United States; 
                and
                  ``(B) interoperability among intelligent 
                transportation system technologies implemented 
                throughout the States.''.
  (b) Repeal.--Section 5307 of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users is repealed.
  (c) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is further amended by adding after the item 
relating to section 516 the following:

``517. Intelligent transportation systems national architecture and 
standards.''.

SEC. 7020. NATIONAL UNIVERSITY TRANSPORTATION CENTERS.

  Section 5505 of title 49, United States Code, and the item relating 
to such section in the analysis of chapter 55 of such title, are 
repealed.

SEC. 7021. UNIVERSITY TRANSPORTATION RESEARCH.

  Section 5506 of title 49, United States Code, is amended--
          (1) in subsection (b)(1) by inserting ``that is consistent 
        with section 503 of title 23'' after ``applied research'';
          (2) in subsection (c)--
                  (A) in the heading by striking ``Regional, Tier I, 
                and Tier II Centers'' and inserting ``Regional and 
                Standard Centers'';
                  (B) in paragraph (1)--
                          (i) in the heading by striking ``Regional and 
                        tier i centers'' and inserting ``Regional and 
                        standard centers'';
                          (ii) in the matter preceding subparagraph (A) 
                        by striking ``2005 through 2009'' and inserting 
                        ``2013 through 2016''; and
                          (iii) in subparagraph (B) by striking ``10 
                        Tier I'' and inserting ``20 standard'';
                  (C) by striking paragraph (2); and
                  (D) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively;
          (3) in subsection (d) by adding at the end the following:
          ``(3) Opportunity announcement.--
                  ``(A) Public disclosure.--All funding opportunities 
                under this section shall be publically announced and 
                shall be posted on the Department of Transportation's 
                Web site and on Grants.gov. Any announcement shall, at 
                a minimum, include a detailed description of how 
                applications will be evaluated and a list of any 
                specific research areas, educational objectives, or 
                technology transfer objectives expected to be addressed 
                by an application.
                  ``(B) Input.--In developing an opportunity 
                announcement under this paragraph, the Secretary shall 
                solicit the input of transportation stakeholders, 
                including academic researchers, State highway and 
                transportation departments, local and regional 
                governments, private industry, the Administrator of the 
                Research and Innovative Technology Administration, and 
                Administrators of other relevant Department of 
                Transportation agencies.
          ``(4) Proposal review and selection.--
                  ``(A) In general.--The Secretary shall make award 
                decisions under subsection (c)(1) through a peer-
                reviewed, merit-based process. The Secretary may make 
                grants to, and enter into cooperative agreements with, 
                the National Academy of Sciences to carry out such 
                activities under this paragraph as the Secretary 
                determines are appropriate.
                  ``(B) Peer-review.--
                          ``(i) In general.--The Secretary, acting 
                        through the National Research Council of the 
                        National Academy of Sciences, shall establish a 
                        peer-review process in which all proposals 
                        shall be reviewed by an external committee of 
                        experts.
                          ``(ii) Selection.--The external committee of 
                        experts shall be selected and convened by the 
                        Transportation Research Board of the National 
                        Research Council based on--
                                  ``(I) their specific knowledge of 
                                transportation research fields or their 
                                broad knowledge of transportation 
                                research fields;
                                  ``(II) their knowledge of associated 
                                educational activities;
                                  ``(III) their broad knowledge of the 
                                community of transportation 
                                practitioners; and
                                  ``(IV) to the extent possible, 
                                diverse representation within the 
                                review group.
                          ``(iii) Duties.--The external committee of 
                        experts shall evaluate proposals based on the 
                        degree to which they advance the objectives in 
                        subsection (b), the selection criteria in 
                        paragraph (2) of this subsection, and any 
                        additional review criteria set forth in the 
                        opportunity announcements described in 
                        paragraph (3) of this subsection.
                          ``(iv) Report.--The external committee of 
                        experts shall issue a report, published and 
                        made available to the public by the 
                        Transportation Research Board, summarizing the 
                        evaluation process and explaining its findings.
                          ``(v) Cost.--The Secretary shall pay for any 
                        necessary expenses associated with peer-review 
                        with a portion of the funds assigned to the 
                        Research and Innovative Technology 
                        Administration for administration of this 
                        section.
                  ``(C) Secretarial review.--The Secretary, in 
                consultation with the Administrator of the Research and 
                Innovative Technology Administration and Administrators 
                of any other relevant Department of Transportation 
                agencies, shall make final award decisions. The 
                Secretary's decision shall consider--
                          ``(i) the findings of the committee under 
                        subparagraph (B);
                          ``(ii) the portfolio of other programs funded 
                        under this section;
                          ``(iii) the objectives set forth in 
                        subsection (b);
                          ``(iv) the criteria set forth in paragraph 
                        (2);
                          ``(v) the details included in the opportunity 
                        announcement required under paragraph (3); and
                          ``(vi) other current proposals and previously 
                        funded proposals.
                  ``(D) Transparency.--
                          ``(i) In general.--The Secretary shall 
                        provide to each applicant of a proposal copies 
                        of reviews by the committee under subparagraph 
                        (B) and any other materials used in the 
                        evaluation process (with any reviewer 
                        identifying information redacted) of the 
                        applicant's proposal.
                          ``(ii) Public availability.--The Secretary 
                        shall make results of the review process 
                        available to all applicants and to the public 
                        on the Department's website.
                          ``(iii) Report.--The Secretary shall issue a 
                        public report that includes, at a minimum--
                                  ``(I) the results of the peer-review 
                                process, including the findings of the 
                                committee under subparagraph (B); and
                                  ``(II) the reasons for the 
                                Secretary's final decision, including a 
                                description of--
                                          ``(aa) the context in which 
                                        the proposal was reviewed; and
                                          ``(bb) how the findings of 
                                        the committee under 
                                        subparagraph (B) were used in 
                                        reaching the final decision.'';
          (4) in subsection (e)--
                  (A) in paragraph (1) by striking ``March 31, 2006, 
                and not later than March 31st of every 4th year 
                thereafter'' and inserting ``180 days after the date of 
                enactment of the American Energy and Infrastructure 
                Jobs Act of 2012, and every 4 years thereafter'';
                  (B) in paragraph (5)--
                          (i) in subparagraph (B) by striking ``and'';
                          (ii) in subparagraph (C) by striking the 
                        period and adding ``; and''; and
                          (iii) by adding at the end the following:
                  ``(D) $3,500,000 for each of fiscal years 2013 
                through 2016.''; and
                  (C) by adding at the end the following:
          ``(6) Research requirement.--
                  ``(A) Comprehensive transportation safety.--The 
                Secretary shall make a grant to 1 of the 10 regional 
                university transportation centers established under 
                subsection (c) for the purpose of furthering the 
                objectives described in subsection (b) in the field of 
                comprehensive transportation safety.
                  ``(B) Intelligent transportation systems.--The 
                Secretary shall make a grant to 1 of the 10 regional 
                university transportation centers established under 
                subsection (c) (other than the center described in 
                subparagraph (A)) for the purpose of furthering the 
                objectives described in subsection (b) in the field of 
                intelligent transportation systems.
          ``(7) Competitive process.--The Secretary shall make award 
        decisions through a competitive process that follows the 
        requirements described in subsections (d)(3) and (d)(4) and 
        incorporates the additional selection criteria set forth in 
        paragraph (2) of this subsection.'';
          (5) in subsection (f)--
                  (A) by striking ``Tier I'' in the subsection heading 
                and inserting ``Standard'';
                  (B) in paragraph (1)--
                          (i) by striking ``June 30, 2006, and not 
                        later than June 30 of every 4th year 
                        thereafter'' and inserting ``180 days after the 
                        date of enactment of the American Energy and 
                        Infrastructure Jobs Act of 2012, and every 4 
                        years thereafter''; and
                          (ii) by striking ``10 Tier I'' and inserting 
                        ``20 standard'';
                  (C) in paragraph (3) by striking ``Tier I'' and 
                inserting ``standard''; and
                  (D) in paragraph (5)--
                          (i) by striking ``$1,000,000'' and inserting 
                        ``$2,000,000'';
                          (ii) by striking ``2005 through 2009'' and 
                        inserting ``2013 through 2016''; and
                          (iii) by striking ``Tier I'' and inserting 
                        ``standard'';
          (6) by striking subsection (g) and redesignating subsections 
        (h) through (m) as subsections (g) through (l), respectively;
          (7) in subsection (h) (as redesignated by paragraph (5) of 
        this section)--
                  (A) by striking ``Maintenance of Effort.--''and all 
                that follows through ``In order to be'' and inserting 
                ``Maintenance of Effort.--In order to be''; and
                  (B) by striking paragraph (2);
          (8) in subsection (i) (as redesignated by paragraph (5) of 
        this section)--
                  (A) by striking ``50'' and inserting ``65''; and
                  (B) by striking ``503'' and inserting ``503A''; and
          (9) by adding at the end the following:
  ``(m) Annual Report.--The Secretary shall submit to the Committee on 
Science, Space, and Technology and the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate, and make available 
to the public on the Department's Web site, an annual report on the 
university transportation center program under this section detailing 
the activities of the regional and standard centers during the previous 
year and how such activities reflect the priorities of the strategic 
plan required under section 508(a) of title 23.''.

SEC. 7022. BUREAU OF TRANSPORTATION STATISTICS.

  Section 111 of title 49, United States Code, is amended--
          (1) in subsection (c) by striking paragraph (5) and inserting 
        the following:
          ``(5) Transportation statistics.--Collecting, compiling, 
        analyzing, and publishing a comprehensive set of transportation 
        statistics on the performance and impacts of the national 
        transportation system, including statistics on--
                  ``(A) transportation safety across all modes and 
                intermodally;
                  ``(B) the state of good repair of United States 
                transportation infrastructure;
                  ``(C) the extent, connectivity, and condition of the 
                transportation system, building on the national 
                transportation atlas database developed under 
                subsection (g);
                  ``(D) economic efficiency across the entire 
                transportation sector;
                  ``(E) the effects of the transportation system on 
                global and domestic economic competitiveness;
                  ``(F) demographic, economic, and other variables 
                influencing travel behavior, including choice of 
                transportation mode and goods movement;
                  ``(G) transportation-related variables that influence 
                the domestic economy and global competiveness;
                  ``(H) economic costs and impacts for passenger travel 
                and freight movement;
                  ``(I) intermodal and multimodal passenger movement; 
                and
                  ``(J) consequences of transportation for the 
                environment.'';
          (2) by striking subsection (d) and inserting the following:
  ``(d) Access to Federal Data.--In carrying out subsection (c), the 
Director shall be provided access to all transportation and 
transportation-related information and data, including safety-related 
data, held by an agency of the Department of Transportation and, upon 
written request and subject to any statutory or regulatory 
restrictions, to all such data held by any other Federal Government 
agency, that is germane to carrying out subsection (c).'';
          (3) in subsection (n) by striking ``Mass Transit'' and 
        inserting ``Alternative Transportation''; and
          (4) in subsection (o)(2)--
                  (A) in subparagraph (A) by inserting ``and'' after 
                the semicolon;
                  (B) by striking subparagraph (B); and
                  (C) by redesignating subparagraph (C) as subparagraph 
                (B).

SEC. 7023. ADMINISTRATIVE AUTHORITY.

  Section 112 of title 49, United States Code, is amended by adding at 
the end the following:
  ``(f) Program Evaluation and Oversight.--For each of fiscal years 
2013 through 2016, 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.
  ``(g) 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.).''.

SEC. 7024. TECHNICAL AND CONFORMING AMENDMENTS.

  (a) Additional Repeals.--Sections 5308, 5309, 5310, 5501, 5506, 5507, 
5511, and 5513 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users are repealed.
  (b) Table of Contents for SAFETEA-LU.--The table of contents for the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users is amended by striking the items relating to sections 
5303 through 5310, 5501, 5506, 5507, 5511, and 5513.
  (c) Conforming Amendment.--Section 6010(c) of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users (23 
U.S.C. 512 note) is amended by striking ``subtitle C of title V of this 
Act'' and inserting ``section 501 of title 23, United States Code''.

                         TITLE VIII--RAILROADS

  Subtitle A--Repeals and Reforms of Intercity Passenger Rail Capital 
                             Grant Programs

SEC. 8001. CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS.

  Chapter 223 of title 49, United States Code, and the item relating 
thereto in the table of chapters for subtitle V of such title, are 
repealed.

SEC. 8002. CONGESTION GRANTS.

  Section 24105 of title 49, United States Code, and the item relating 
thereto in the table of sections for chapter 241 of such title, are 
repealed.

SEC. 8003. INTERCITY PASSENGER RAIL CAPITAL GRANTS TO STATES.

  (a) Amendments.--Section 24402 of title 49, United States Code, is 
amended--
          (1) in the section heading, by striking ``Capital investment 
        grants to support intercity passenger rail service'' and 
        inserting ``Intercity passenger rail capital grants to 
        States'';
          (2) by striking subsection (b);
          (3) by redesignating subsections (c) through (l) as 
        subsections (b) through (k), respectively;
          (4) in subsection (b)(1)(D), as so redesignated by paragraph 
        (3) of this subsection, by striking ``that if an applicant has 
        selected the proposed operator of its service competitively, 
        that the applicant provide'' and inserting ``that the applicant 
        shall select the proposed operator of its service 
        competitively, and that the applicant shall provide'';
          (5) in subsection (b)(2)(B), as so redesignated by paragraph 
        (3) of this subsection--
                  (A) by inserting ``and'' at the end of clause (ii); 
                and
                  (B) by inserting ``and'' at the end of clause (iii); 
                and
                  (C) by striking clauses (iv) and (v);
          (6) in subsection (c), as so redesignated by paragraph (3) of 
        this subsection, by striking ``subsection (c)(1)(A)'' and 
        inserting ``subsection (b)(1)(A)'';
          (7) in subsection (d), as so redesignated by paragraph (3) of 
        this subsection, by striking ``subsection (g)'' and inserting 
        ``subsection (f)'';
          (8) in subsection (e)(2), as so redesignated by paragraph (3) 
        of this subsection, by striking ``subsection (c)'' and 
        inserting ``subsection (b)'';
          (9) in subsection (f), as so redesignated by paragraph (3) of 
        this subsection, by striking paragraphs (3) and (4); and
          (10) in subsection (g), as so redesignated by paragraph (3) 
        of this subsection, by amending the second sentence to read as 
        follows: ``If any amount provided as a grant under this section 
        is not obligated within 3 years after the date on which the 
        State is awarded the grant, such amount shall be rescinded and 
        deposited to the general fund of the Treasury, where such 
        amount shall be dedicated for the sole purpose of deficit 
        reduction and prohibited from use as an offset for other 
        spending increases or revenue reductions.''.
  (b) Conforming Amendment.--The item relating to section 24402 in the 
table of sections for chapter 244 of title 49, United States Code, is 
amended to read as follows:

``24402. Intercity passenger rail capital grants to States.''.

                       Subtitle B--Amtrak Reforms

SEC. 8101. AUTHORIZATION FOR AMTRAK OPERATING EXPENSES.

  Section 101(a) of the Passenger Rail Investment and Improvement Act 
of 2008 (Division B of Public Law 110-432, 122 Stat. 4908) is amended--
          (1) in paragraph (4), by striking ``$616,000,000'' and 
        inserting ``$466,000,000''; and
          (2) in paragraph (5), by striking ``$631,000,000'' and 
        inserting ``$473,250,000''.

SEC. 8102. LIMITATIONS ON AMTRAK AUTHORITY.

  Section 24305 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
  ``(g) Limitations on Use of Federal Funds.--
          ``(1) Limitations.--Amtrak may not use any Federal funds for 
        the following purposes:
                  ``(A) Hiring or contracting with any outside legal 
                professional for the purpose of filing, litigating, or 
                otherwise pursuing any cause of action in a Federal or 
                State court against a passenger rail service provider.
                  ``(B) Filing, litigating, or otherwise pursuing in 
                any Federal or State court any cause of action against 
                a passenger rail service provider arising from a 
                competitive bid process in which Amtrak and the 
                passenger rail service provider participated.
          ``(2) Definitions.--For the purposes of this subsection--
                  ``(A) the term `outside legal professional' means any 
                individual, corporation, partnership, limited liability 
                corporation, limited liability partnership, or other 
                private entity in the business of providing legal 
                services that is not employed on a full-time basis 
                solely by Amtrak; and
                  ``(B) the term `passenger rail service provider' 
                means any company, partnership, or other public or 
                private entity that operates passenger rail service or 
                bids to operate passenger rail service in a competitive 
                process.''.

SEC. 8103. APPLICABILITY OF LAWS.

  (a) Title 18 Violations.--For purposes of sections 286, 287, 371, 
641, 1001, and 1002 of title 18, United States Code, and, with respect 
to audits conducted by the Amtrak Office of the Inspector General, for 
purposes of section 1516 of such title, Amtrak and the Amtrak Office of 
the Inspector General shall be considered to be agencies of the United 
States Government.
  (b) False Claims.--Claims made or presented to Amtrak shall be 
considered as claims under section 3729(b)(2)(A)(ii) of title 31, 
United States Code, and statements made or presented to Amtrak shall be 
considered as statements under section 3729(a)(1)(B) and (G) of title 
31, United States Code.
  (c) Limitation.--Subsections (a) and (b) shall be effective only with 
respect to a fiscal year for which Amtrak receives a Federal subsidy.

SEC. 8104. INSPECTOR GENERAL OF AMTRAK.

  (a) In General.--Chapter 243 is amended by inserting after section 
24316 the following:

``Sec. 24317. Inspector General

  ``(a) Investigation Authority.--The Inspector General of Amtrak shall 
have all authority available to other Inspectors General, as necessary 
in carrying out the duties specified in the Inspector General Act 1978 
(5 U.S.C. App. 3), to investigate any alleged violation of section 286, 
287, 371, 641, 1001, or 1002 of title 18, and, with respect to audits 
conducted by the Amtrak Office of the Inspector General, any violation 
of section 1516 of such title.
  ``(b) Services From General Services Administration.--The Inspector 
General of Amtrak may obtain from the Administrator of General 
Services, and the Administrator shall provide to the Inspector General, 
services under sections 502(a) and 602 of title 40, including travel 
programs.
  ``(c) Qualified Immunity.--
          ``(1) In general.--An employee of the Amtrak Office of 
        Inspector General shall enjoy the same personal qualified 
        immunity from lawsuit or liability as the employees of other 
        inspectors general that operate under authority of the 
        Inspector General Act of 1978 with respect to the performance 
        of investigative, audit, or inspection functions authorized 
        under that Act that are carried out for the Amtrak Office of 
        Inspector General.
          ``(2) Federal government liability.--No liability of any kind 
        shall attach to or rest upon the United States for any damages 
        from or by any actions of the Amtrak Office of Inspector 
        General, its employees, agents, or representatives.''.
  (b) Conforming Amendment.--The table of sections for chapter 243 is 
amended by inserting after the item relating to section 24316 the 
following:

``24317. Inspector General.''.

SEC. 8105. AMTRAK MANAGEMENT ACCOUNTABILITY.

  Section 24310 is amended to read as follows:

``Sec. 24310. Management accountability

  ``(a) In General.--Promptly after the date of enactment of the 
American Energy and Infrastructure Jobs Act of 2012, and again not 
later than 5 years after the date of enactment of the Passenger Rail 
Investment and Improvement Act of 2008, the Inspector General of the 
Department of Transportation shall complete an overall assessment of 
the progress made by the Department of Transportation, and the 
Inspector General of Amtrak shall complete an overall assessment of the 
progress made by Amtrak management, in implementing the provisions of 
the Passenger Rail Investment and Improvement Act of 2008.
  ``(b) Assessment.--The management assessment undertaken by the Amtrak 
Inspector General may include a review of--
          ``(1) effectiveness in improving annual financial planning;
          ``(2) effectiveness in implementing improved financial 
        accounting;
          ``(3) efforts to implement minimum train performance 
        standards;
          ``(4) progress maximizing revenues, minimizing Federal 
        subsidies, and improving financial results; and
          ``(5) any other aspect of Amtrak operations the Amtrak 
        Inspector General finds appropriate to review.''.

SEC. 8106. AMTRAK FOOD AND BEVERAGE SERVICE.

  (a) Authority.--Section 24305(c)(4) of title 49, United States Code, 
is amended by striking ``only if revenues from the services each year 
at least equal the cost of providing the services'' and inserting 
``only as provided in subsection (h)''.
  (b) Procedures.--Section 24305 of title 49, United States Code, is 
further amended by adding at the end the following new subsection:
  ``(h) Food and Beverage Service.--
          ``(1) In general.--Except as provided in paragraph (6), food 
        and beverage service may be provided on Amtrak trains only by a 
        bidder selected by the Federal Railroad Administration under 
        paragraph (5). The Federal Railroad Administration may consult 
        with and obtain assistance from the General Services 
        Administration in carrying out this subsection.
          ``(2) Requests for proposals.--Not later than 60 days after 
        the date of enactment of this subsection, the Federal Railroad 
        Administration shall issue separate requests for proposals for 
        provision of food and beverage service on Amtrak trains on the 
        national rail passenger transportation system for each of 
        subparagraphs (A) through (D) of section 24102(5).
          ``(3) Deadlines.--
                  ``(A) Submittal of bids.--Bids for the provision of 
                food and beverage service on Amtrak trains pursuant to 
                the requests for proposals issued under paragraph (2) 
                shall be submitted to the Federal Railroad 
                Administration not later than 60 days after the 
                issuance of the relevant request for proposals.
                  ``(B) Selection of winning bids.--The Federal 
                Railroad Administration shall select winning bidders 
                pursuant to paragraph (5) not later than 90 days after 
                the issuance of the relevant request for proposals.
          ``(4) Amtrak participation.--Amtrak may participate in the 
        bidding pursuant to a request for proposals issued under 
        paragraph (2).
          ``(5) Selection of providers.--The Federal Railroad 
        Administration shall select for the provision of food and 
        beverage service on Amtrak trains the qualified bidder 
        responding to the request for proposals issued under paragraph 
        (2) whose bid would result in the lowest cost, or the greatest 
        source of revenue, to Amtrak.
          ``(6) Exemption.--If no qualified bidder responds to the 
        request for proposals issued under paragraph (2), Amtrak, after 
        transmitting to the Federal Railroad Administration and the 
        Congress an explanation of the reasons for the need of an 
        exemption, may request from the Federal Railroad 
        Administration, and the Federal Railroad Administration may 
        grant, an exemption from the limitations under this subsection.
          ``(7) Subsidy for net loss.--The Federal Railroad 
        Administration shall provide directly to the entity providing 
        food and beverage service on Amtrak trains any portion of 
        appropriations for Amtrak necessary to cover a net loss 
        resulting from the provision of such service, but only to the 
        extent that such net loss was anticipated in the bid 
        selected.''.

SEC. 8107. APPLICATION OF BUY AMERICA TO AMTRAK.

  Section 24305(f) of title 49, United States Code, is amended by 
adding at the end the following new paragraphs:
  ``(5) The requirements of this subsection apply to all contracts for 
a project carried out within the scope of the applicable finding, 
determination, or decision under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source of 
such contracts, if at least one contract for the project is funded with 
amounts made available to carry out this title.
  ``(6) If the Secretary receives a request for an exemption under this 
subsection, the Secretary shall provide notice of and an opportunity 
for public comment on the request at least 30 days before making a 
finding based on the request. Such a notice shall include the 
information available to the Secretary concerning the request and shall 
be provided by electronic means, including on the official public 
Internet Web site of the Department of Transportation. If the Secretary 
grants an exemption under this subsection, the Secretary shall publish 
in the Federal Register a detailed justification for the exemption that 
addresses the public comments received under this paragraph and shall 
ensure that such justification is published before the exemption takes 
effect.''.

               Subtitle C--Project Development and Review

SEC. 8201. PROJECT DEVELOPMENT AND REVIEW.

  (a) Amendment.--Part B of subtitle V of title 49, United States Code, 
is amended by adding at the end the following new chapter:

             ``CHAPTER 229--PROJECT DEVELOPMENT AND REVIEW

``Sec.
``22901. Applicability.
``22902. Definitions.
``22903. Efficient environmental reviews for rail project 
decisionmaking.
``22904. Integration of planning and environmental review.
``22905. Program for eliminating duplication of environmental reviews.
``22906. Railroad corridor preservation.
``22907. Treatment of railroads for historic preservation.
``22908. Categorical exclusion.
``22909. State assumption of responsibility for categorical exclusions.
``22910. Rail project delivery program.
``22911. Exemption in emergencies.

``Sec. 22901. Applicability

  ``The provisions of this chapter--
          ``(1) shall be applicable to any freight or intercity 
        passenger rail capital project that is carried out or planned 
        to be carried out with the use of Federal funds administered by 
        the Federal Railroad Administration through a grant, contract, 
        loan, or other financing instrument;
          ``(2) shall be broadly construed; and
          ``(3) may be applied by the Secretary to any class or program 
        of such projects.

``Sec. 22902. Definitions

  ``In this chapter, the following definitions apply:
          ``(1) Agency.--The term `agency' means any agency, 
        department, or other unit of Federal, State, local, or Indian 
        tribal government.
          ``(2) Environmental impact statement.--The term 
        `environmental impact statement' means the detailed statement 
        of environmental impacts required to be prepared under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
          ``(3) Environmental law.--The term `environmental law' 
        includes any law that provides procedural or substantive 
        protection, as applicable, for the natural or built environment 
        with regard to the construction and operation of transportation 
        projects.
          ``(4) Environmental review process.--
                  ``(A) In general.--The term `environmental review 
                process' means the process for preparing for a rail 
                project an environmental impact statement, 
                environmental assessment, categorical exclusion, or 
                other document prepared under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).
                  ``(B) Inclusions.--The term `environmental review 
                process' includes the process for and completion of any 
                environmental permit, approval, review, or study 
                required for a rail project under any Federal law other 
                than the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
          ``(5) Federal environmental laws.--The term `Federal 
        environmental laws' means Federal laws governing the review, 
        including through the issuance of permits and other approvals 
        of environmental impacts of, the construction and operation of 
        transportation projects. Such term includes section 102(2)(C) 
        of the National Environmental Policy Act of 1969 (42 U.S.C. 
        4332(2)(C)), section 404 of the Federal Water Pollution Control 
        Act (33 U.S.C. 1344), section 106 of the National Historic 
        Preservation Act (16 U.S.C. 470f), and sections 7(a)(2), 
        9(a)(1)(B), and 10(a)(1)(B) of the Endangered Species Act of 
        1973 (16 U.S.C. 1536(a)(2), 1538(a)(1)(B), 1539(a)(1)(B)).
          ``(6) Federal lead agency.--The term `Federal lead agency' 
        means the Department of Transportation.
          ``(7) Joint lead agency.--The term `joint lead agency' means 
        an agency designated as a joint lead agency as described in 
        paragraph (1) or (2) of section 22903(b).
          ``(8) Lead agency.--The term `lead agency' means the 
        Department of Transportation and, if applicable, any joint lead 
        agency.
          ``(9) Planning product.--The term `planning product' means 
        any decision, analysis, study, or other documented result of an 
        evaluation or decisionmaking process carried out during rail 
        and transportation planning.
          ``(10) Project sponsor.--The term `project sponsor' means the 
        State agency or other entity, including any private or public-
        private entity, that seeks approval of the Secretary for a rail 
        project.
          ``(11) Rail project.--The term `rail project' means any 
        freight or intercity passenger rail capital project that is 
        carried out or is planned to be carried out with the use of 
        Federal funds administered by the Federal Railroad 
        Administration through a grant, contract, loan, or other 
        financing instrument.
          ``(12) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
          ``(13) State.--The term `State' has the meaning given that 
        term in section 22701(3).
          ``(14) State transportation department.--The term `State 
        transportation department' means any statewide agency of a 
        State with responsibility for one or more modes of 
        transportation.

``Sec. 22903. Efficient environmental reviews for rail project 
                    decisionmaking

  ``(a) Applicability.--
          ``(1) In general.--The project development procedures in this 
        section are applicable to all rail projects for which an 
        environmental impact statement is prepared under the National 
        Environmental Policy Act of 1969 and may be applied, to the 
        extent determined appropriate by the Secretary, to other rail 
        projects for which an environmental document is prepared as 
        part of an environmental review process.
          ``(2) Flexibility.--Any authorities granted in this section 
        may be exercised, and any requirements established in this 
        section may be satisfied, for a rail project, class of 
        projects, or program of rail projects.
          ``(3) Funding threshold.--The Secretary's approval of a rail 
        project involving Federal funds shall not be considered a 
        Federal action for the purposes of the National Environmental 
        Policy Act of 1969 if the Federal funding share--
                  ``(A) constitutes 15 percent or less of the total 
                estimated project costs; or
                  ``(B) is less than $10,000,000.
          ``(4) Programmatic compliance.--At the request of a State, 
        the Secretary may modify the procedures developed under this 
        section to encourage programmatic approaches and strategies 
        with respect to environmental programs and permits (in lieu of 
        project-by-project reviews).
  ``(b) Lead Agencies.--
          ``(1) In general.--If the rail project requires approval from 
        more than one modal administration within the Department of 
        Transportation, the Secretary shall designate a single modal 
        administration to serve as the Federal lead agency for the 
        Department in the environmental review process for the project.
          ``(2) Joint lead agencies.--Nothing in this section precludes 
        another agency from being a joint lead agency in accordance 
        with regulations under the National Environmental Policy Act of 
        1969.
          ``(3) Project sponsor as joint lead agency.--Any project 
        sponsor that is a State or local governmental entity applying 
        to receive or receiving Federal funds for the rail project 
        shall serve as a joint lead agency with the Department of 
        Transportation for purposes of preparing any environmental 
        document under the National Environmental Policy Act of 1969 
        and may prepare any such environmental document required in 
        support of any action or approval by the Secretary if the 
        Federal lead agency furnishes guidance in such preparation and 
        independently evaluates such document and the document is 
        approved and adopted by the Secretary prior to the Secretary 
        taking any subsequent action or making any approval based on 
        such document, whether or not the Secretary's action or 
        approval results in Federal funding.
          ``(4) Ensuring compliance.--The Secretary shall ensure that a 
        project sponsor complies with all design and mitigation 
        commitments made jointly by the Secretary and the project 
        sponsor in any environmental document prepared by the project 
        sponsor in accordance with this subsection, and that such 
        document is appropriately supplemented if rail project changes 
        become necessary.
          ``(5) Adoption and use of documents.--Any environmental 
        document prepared in accordance with this subsection shall be 
        adopted and used by any Federal agency in making any approval 
        of a rail project as the document required to be completed 
        under the National Environmental Policy Act of 1969.
          ``(6) Roles and responsibility of lead agency.--With respect 
        to the environmental review process for any rail project, the 
        lead agency shall have authority and responsibility--
                  ``(A) to take such actions as are necessary and 
                proper, within the authority of the lead agency, to 
                facilitate the expeditious resolution of the 
                environmental review process for the rail project; and
                  ``(B) to prepare or ensure that any required 
                environmental impact statement or other document 
                required to be completed under the National 
                Environmental Policy Act of 1969 is completed in 
                accordance with this section and other applicable 
                Federal law.
  ``(c) Participating Agencies.--
          ``(1) In general.--The lead agency shall be responsible for 
        inviting and designating participating agencies in accordance 
        with this subsection.
          ``(2) Invitation.--The lead agency shall identify, as early 
        as practicable in the environmental review process for a rail 
        project, any other Federal and non-Federal agencies that may 
        have an interest in the rail project, and shall invite such 
        agencies to become participating agencies in the environmental 
        review process for the rail project. The invitation shall set a 
        deadline for responses to be submitted. The deadline may be 
        extended by the lead agency for good cause.
          ``(3) Federal participating agencies.--Any Federal agency 
        that is invited by the lead agency to participate in the 
        environmental review process for a rail project shall be 
        designated as a participating agency by the lead agency unless 
        the invited agency informs the lead agency, in writing, by the 
        deadline specified in the invitation that the invited agency--
                  ``(A) has no jurisdiction or authority with respect 
                to the rail project;
                  ``(B) has no expertise or information relevant to the 
                rail project; and
                  ``(C) does not intend to submit comments on the rail 
                project.
          ``(4) Effect of designation.--
                  ``(A) Requirement.--A participating agency shall 
                comply with the requirements of this section and any 
                schedule established under this section.
                  ``(B) Implication.--Designation as a participating 
                agency under this subsection shall not imply that the 
                participating agency--
                          ``(i) supports a proposed rail project; or
                          ``(ii) has any jurisdiction over, or special 
                        expertise with respect to evaluation of, the 
                        rail project.
          ``(5) Cooperating agency.--A participating agency may also be 
        designated by a lead agency as a `cooperating agency' under the 
        regulations contained in part 1500 of title 40, Code of Federal 
        Regulations.
          ``(6) Designations for categories of rail projects.--The 
        Secretary may exercise the authorities granted under this 
        subsection for a rail project, class of rail projects, or 
        program of rail projects.
          ``(7) Concurrent reviews.--Each participating agency and 
        cooperating agency shall--
                  ``(A) carry out obligations of that agency under 
                other applicable law concurrently, and in conjunction, 
                with the review required under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.); and
                  ``(B) formulate and implement administrative, policy, 
                and procedural mechanisms to enable the agency to 
                ensure completion of the environmental review process 
                in a timely, coordinated, and environmentally 
                responsible manner.
  ``(d) Rail Project Initiation.--The project sponsor shall notify the 
Secretary of the type of work, length, and general location of the 
proposed rail project, together with a statement of any Federal 
approvals anticipated to be necessary for the proposed rail project, 
for the purpose of informing the Secretary that the environmental 
review process should be initiated. The project sponsor may satisfy 
this requirement by submitting to the Secretary a draft notice for 
publication in the Federal Register announcing the preparation of an 
environmental impact statement for the rail project.
  ``(e) Purpose and Need.--
          ``(1) Participation.--As early as practicable during the 
        environmental review process, the lead agency shall provide an 
        opportunity for involvement by participating agencies and the 
        public in defining the purpose and need for a rail project.
          ``(2) Definition.--Following participation under paragraph 
        (1), the lead agency shall define the rail project's purpose 
        and need for purposes of any document which the lead agency is 
        responsible for preparing for the rail project.
          ``(3) Objectives.--The statement of purpose and need shall 
        include a clear statement of the objectives that the proposed 
        action is intended to achieve, which may include--
                  ``(A) achieving a transportation objective identified 
                in an applicable rail or transportation plan;
                  ``(B) supporting land use, economic development, or 
                growth objectives established in applicable Federal, 
                State, local, or tribal plans;
                  ``(C) serving national defense, national security, or 
                other national objectives, as established in Federal 
                laws, plans, or policies; and
                  ``(D) serving the purpose for which the applicable 
                grant, contract, loan, or other financing program was 
                established.
          ``(4) Alternatives analysis.--
                  ``(A) Participation.--As early as practicable during 
                the environmental review process, the lead agency shall 
                provide an opportunity for involvement by participating 
                agencies and the public in determining the range of 
                alternatives to be considered for a rail project.
                  ``(B) Range of alternatives.--
                          ``(i) In general.--Following participation 
                        under paragraph (1), the lead agency shall 
                        determine the range of alternatives for 
                        consideration in any document which the lead 
                        agency is responsible for preparing for the 
                        rail project.
                          ``(ii) Restriction.--A Federal agency may not 
                        require the evaluation of any alternative that 
                        was evaluated, but not adopted--
                                  ``(I) in any prior State or Federal 
                                environmental document with regard to 
                                the applicable transportation or rail 
                                plan or program; or
                                  ``(II) after the preparation of a 
                                programmatic or tiered environmental 
                                document that evaluated alternatives to 
                                the rail project.
                          ``(iii) Legal sufficiency.--The evaluation of 
                        the range of alternatives shall be deemed 
                        legally sufficient if the environmental 
                        document complies with the requirements of this 
                        paragraph.
                  ``(C) Methodologies.--
                          ``(i) In general.--The lead agency also shall 
                        determine, after consultation with 
                        participating agencies as part of the scoping 
                        process, the methodologies to be used and the 
                        level of detail required in the analysis of 
                        each alternative for a rail project.
                          ``(ii) Comments.--Each participating agency 
                        shall limit comments on such methodologies to 
                        those issues that are within the authority and 
                        expertise of such participating agency.
                          ``(iii) Studies.--The lead agency may not 
                        conduct studies proposed by any participating 
                        agency that are not within the authority or 
                        expertise of such participating agency.
                  ``(D) Preferred alternative.--At the discretion of 
                the lead agency, the preferred alternative for a rail 
                project, after being identified, may be developed to a 
                higher level of detail than other alternatives in order 
                to facilitate the development of mitigation measures or 
                concurrent compliance with other applicable laws if the 
                lead agency determines that the development of such 
                higher level of detail will not prevent the lead agency 
                from making an impartial decision as to whether to 
                accept another alternative which is being considered in 
                the environmental review process.
                  ``(E) Limitations on the evaluation of impacts 
                evaluated in prior environmental documents.--
                          ``(i) In general.--The lead agency may not 
                        reevaluate, and a Federal agency may not 
                        require the reevaluation of, cumulative impacts 
                        or growth-inducing impacts where such impacts 
                        were previously evaluated in--
                                  ``(I) a rail transportation plan or 
                                program;
                                  ``(II) a prior environmental document 
                                approved by the Secretary; or
                                  ``(III) a prior State environmental 
                                document approved pursuant to a State 
                                law that is substantially equivalent to 
                                section 102(2)(C) of the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4332(2)(C)).
                          ``(ii) Legal sufficiency.--The evaluation of 
                        cumulative impacts and growth inducing impacts 
                        shall be deemed legally sufficient if the 
                        environmental document complies with the 
                        requirements of this paragraph.
          ``(5) Effective decisionmaking.--
                  ``(A) Concurrence.--At the discretion of the lead 
                agency, a participating agency shall be presumed to 
                concur in the determinations made by the lead agency 
                under this subsection unless the participating agency 
                submits an objection to the lead agency in writing 
                within 30 days after receiving notice of the lead 
                agency's determination and specifies the statutory 
                basis for the objection.
                  ``(B) Adoption of determination.--If the 
                participating agency concurs or does not object within 
                the 30-day period, the participating agency shall adopt 
                the lead agency's determination for purposes of any 
                reviews, approvals, or other actions taken by the 
                participating agency as part of the environmental 
                review process for the rail project.
  ``(f) Coordination and Scheduling.--
          ``(1) Coordination plan.--
                  ``(A) In general.--The lead agency shall establish a 
                rail plan for coordinating public and agency 
                participation in and comment on the environmental 
                review process for a rail project, category of rail 
                projects, or program of rail projects. The coordination 
                plan may be incorporated into a memorandum of 
                understanding.
                  ``(B) Schedule.--
                          ``(i) In general.--The lead agency may 
                        establish as part of the coordination plan, 
                        after consultation with each participating 
                        agency for the rail project and with each State 
                        in which the rail project is located (and, if 
                        the State is not the project sponsor, with the 
                        project sponsor), a schedule for completion of 
                        the environmental review process for the rail 
                        project.
                          ``(ii) Factors for consideration.--In 
                        establishing the schedule, the lead agency 
                        shall consider factors such as--
                                  ``(I) the responsibilities of 
                                participating agencies under applicable 
                                laws;
                                  ``(II) resources available to the 
                                cooperating agencies;
                                  ``(III) overall size and complexity 
                                of the rail project;
                                  ``(IV) the overall schedule for and 
                                cost of the rail project; and
                                  ``(V) the sensitivity of the natural 
                                and historic resources that could be 
                                affected by the rail project.
                  ``(C) Consistency with other time periods.--A 
                schedule under subparagraph (B) shall be consistent 
                with any other relevant time periods established under 
                Federal law.
                  ``(D) Modification.--The lead agency may--
                          ``(i) lengthen a schedule established under 
                        subparagraph (B) for good cause; and
                          ``(ii) shorten a schedule only with the 
                        concurrence of the affected cooperating 
                        agencies.
                  ``(E) Dissemination.--A copy of a schedule 
                established under subparagraph (B), and of any 
                modifications to the schedule, shall be--
                          ``(i) provided to all participating agencies 
                        and to the State transportation department of 
                        each State in which the rail project is located 
                        (and, if the State is not the project sponsor, 
                        to the project sponsor); and
                          ``(ii) made available to the public.
          ``(2) Comment deadlines.--The lead agency shall establish the 
        following deadlines for comment during the environmental review 
        process for a rail project:
                  ``(A) For comments by agencies and the public on a 
                draft environmental impact statement, a period of not 
                more than 60 days after publication in the Federal 
                Register of notice of the date of public availability 
                of such document, unless--
                          ``(i) a different deadline is established by 
                        agreement of the lead agency, the project 
                        sponsor, and all participating agencies; or
                          ``(ii) the deadline is extended by the lead 
                        agency for good cause.
                  ``(B) For all other comment periods established by 
                the lead agency for agency or public comments in the 
                environmental review process, a period of no more than 
                30 days from availability of the materials on which 
                comment is requested, unless--
                          ``(i) a different deadline is established by 
                        agreement of the lead agency, the project 
                        sponsor, and all participating agencies; or
                          ``(ii) the deadline is extended by the lead 
                        agency for good cause.
          ``(3) Deadlines for decisions under other laws.--
                  ``(A) Prior approval deadline.--If a participating 
                agency is required to make a determination regarding or 
                otherwise approve or disapprove the rail project prior 
                to the record of decision or finding of no significant 
                impact of the lead agency, such participating agency 
                shall make such determination or approval no later than 
                30 days after the lead agency publishes notice of the 
                availability of a final environmental impact statement 
                or other final environmental document, or no later than 
                such other date that is otherwise required by law, 
                whichever occurs first.
                  ``(B) Other deadlines.--With regard to any 
                determination or approval of a participating agency 
                that is not subject to subparagraph (A), each 
                participating agency shall make any required 
                determination regarding or otherwise approve or 
                disapprove the rail project no later than 90 days after 
                the date that the lead agency approves the record of 
                decision or finding of no significant impact for the 
                rail project, or not later than such other date that is 
                otherwise required by law, whichever occurs first.
                  ``(C) Deemed approved.--In the event that any 
                participating agency fails to make a determination or 
                approve or disapprove the rail project within the 
                applicable deadline described in subparagraphs (A) and 
                (B), the rail project shall be deemed approved by such 
                participating agency and such approval shall be deemed 
                to comply with the applicable requirements of Federal 
                law.
                  ``(D) Judicial review.--
                          ``(i) In general.--An approval of a rail 
                        project under subparagraph (C) shall not be 
                        subject to judicial review.
                          ``(ii) Written finding.--The Secretary may 
                        issue a written finding verifying the approval 
                        made in accordance with this paragraph.
  ``(g) Issue Identification and Resolution.--
          ``(1) Cooperation.--The lead agency and the participating 
        agencies shall work cooperatively in accordance with this 
        section to identify and resolve issues that could delay 
        completion of the environmental review process or could result 
        in denial of any approvals required for the rail project under 
        applicable laws.
          ``(2) Lead agency responsibilities.--The lead agency shall 
        make information available to the participating agencies as 
        early as practicable in the environmental review process 
        regarding the environmental and socioeconomic resources located 
        within the rail project area and the general locations of the 
        alternatives under consideration. Such information may be based 
        on existing data sources, including geographic information 
        systems mapping.
          ``(3) Participating agency responsibilities.--Based on 
        information received from the lead agency, participating 
        agencies shall identify, as early as practicable, any issues of 
        concern regarding the rail project's potential environmental or 
        socioeconomic impacts. In this paragraph, issues of concern 
        include any issues that could substantially delay or prevent an 
        agency from granting a permit or other approval that is needed 
        for the rail project.
          ``(4) Issue resolution.--
                  ``(A) Meeting of participating agencies.--At any time 
                upon request of a project sponsor or the Governor of a 
                State in which the rail project is located, the lead 
                agency shall promptly convene a meeting with the 
                relevant participating agencies, the project sponsor, 
                and the Governor (if the meeting was requested by the 
                Governor) to resolve issues that could delay completion 
                of the environmental review process or could result in 
                denial of any approvals required for the rail project 
                under applicable laws.
                  ``(B) Notice that resolution cannot be achieved.--If 
                a resolution cannot be achieved within 30 days 
                following such a meeting and a determination by the 
                lead agency that all information necessary to resolve 
                the issue has been obtained, the lead agency shall 
                notify the heads of all participating agencies, the 
                project sponsor, the Governor, the Committee on 
                Environment and Public Works of the Senate, the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives, and the Council on 
                Environmental Quality, and shall publish such 
                notification in the Federal Register.
                  ``(C) Resolution final.--
                          ``(i) In general.--The lead agency and 
                        participating agencies may not reconsider the 
                        resolution of any issue agreed to by the 
                        relevant agencies in a meeting under 
                        subparagraph (A).
                          ``(ii) Compliance with applicable law.--Any 
                        such resolution shall be deemed to comply with 
                        applicable law notwithstanding that the 
                        agencies agreed to such resolution prior to the 
                        approval of the environmental document.
  ``(h) Streamlined Documentation and Decisionmaking.--
          ``(1) In general.--The lead agency in the environmental 
        review process for a rail project, in order to reduce paperwork 
        and expedite decisionmaking, shall prepare a condensed final 
        environmental impact statement.
          ``(2) Condensed format.--A condensed final environmental 
        impact statement for a rail project in the environmental review 
        process shall consist only of--
                  ``(A) an incorporation by reference of the draft 
                environmental impact statement;
                  ``(B) any updates to specific pages or sections of 
                the draft environmental impact statement as 
                appropriate; and
                  ``(C) responses to comments on the draft 
                environmental impact statement and copies of the 
                comments.
          ``(3) Timing of decision.--Notwithstanding any other 
        provision of law, in conducting the environmental review 
        process for a rail project, the lead agency shall combine a 
        final environmental impact statement and a record of decision 
        for the rail project into a single document if--
                  ``(A) the alternative approved in the record of 
                decision is either a preferred alternative that was 
                identified in the draft environmental impact statement 
                or is a modification of such preferred alternative that 
                was developed in response to comments on the draft 
                environmental impact statement; and
                  ``(B) the Secretary determines that the lead agency, 
                participating agency, or the project sponsor has 
                committed to implement the measures applicable to the 
                approved alternative that are identified in the final 
                environmental impact statement.
  ``(i) Supplemental Environmental Review and Re-evaluation.--
          ``(1) Supplemental environmental review.--After the approval 
        of a record of decision or finding of no significant impact 
        with regard to a rail project, an agency may not require the 
        preparation of a subsequent environmental document for such 
        rail project unless the lead agency determines that--
                  ``(A) changes to the rail project will result in new 
                significant impacts that were not evaluated in the 
                environmental document; or
                  ``(B) new information has become available or changes 
                in circumstances have occurred after the lead agency 
                approval of the rail project that will result in new 
                significant impacts that were not evaluated in the 
                environmental document.
          ``(2) Re-evaluations.--The Secretary may only require the re-
        evaluation of a document prepared under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if--
                  ``(A) the Secretary determines that the events in 
                paragraph (1)(A) or (1)(B) apply; and
                  ``(B) more than 5 years has elapsed since the 
                Secretary's prior approval of the rail project or 
                authorization of rail project funding.
          ``(3) Change to record of decisions.--After the approval of a 
        record of decision, the Secretary may not require the record of 
        decision to be changed based solely because of a change in the 
        fiscal circumstances surrounding the rail project.
  ``(j) Performance Measurement.--The Secretary shall establish a 
program to measure and report on progress toward improving and 
expediting the planning and environmental review processes.
  ``(k) Assistance to Affected State and Federal Agencies.--
          ``(1) In general.--For a rail project that is subject to the 
        environmental review process established under this section and 
        for which funds are made available to a State under funding 
        programs administered by the Federal Railroad Administration, 
        the Secretary may approve a request by the State to provide 
        such funds to affected Federal agencies (including the 
        Department of Transportation), State agencies, and Indian 
        tribes participating in the environmental review process for 
        the rail projects in that State or participating in a State 
        process that has been approved by the Secretary for that State. 
        Such funds may be provided only to support activities that 
        directly and meaningfully contribute to expediting and 
        improving transportation or rail project planning and delivery 
        for rail projects in that State.
          ``(2) Activities eligible for funding.--Activities for which 
        funds may be provided under paragraph (1) include 
        transportation planning activities that precede the initiation 
        of the environmental review process, dedicated staffing, 
        training of agency personnel, information gathering and 
        mapping, and development of programmatic agreements.
          ``(3) Amounts.--Requests under paragraph (1) may be approved 
        only for the additional amounts that the Secretary determines 
        are necessary for the Federal agencies, State agencies, or 
        Indian tribes participating in the environmental review process 
        to meet the time limits for environmental review.
          ``(4) Condition.--A request under paragraph (1) to expedite 
        time limits for environmental review may be approved only if 
        such time limits are less than the customary time necessary for 
        such review.
  ``(l) Regulations.--
          ``(1) In general.--Not later than 1 year after the date of 
        enactment of the American Energy and Infrastructure Jobs Act of 
        2012, the Secretary, by regulation, shall--
                  ``(A) implement this section; and
                  ``(B) establish methodologies and procedures for 
                evaluating the environmental impacts, including 
                cumulative impacts and growth-inducing impacts, of rail 
                projects subject to this section.
          ``(2) Compliance with applicable law.--Any environmental 
        document that utilizes the methodologies and procedures 
        established under this subsection shall be deemed to comply 
        with the applicable requirements of--
                  ``(A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.) or its implementing 
                regulations; or
                  ``(B) any other Federal environmental statute 
                applicable to rail projects.
  ``(m) Limitations on Claims.--
          ``(1) In general.--Notwithstanding any other provision of 
        law, a claim arising under Federal law seeking judicial review 
        of a permit, license, or approval issued by a Federal agency 
        for a rail project shall be barred unless it is filed within 90 
        days after publication of a notice in the Federal Register 
        announcing that the permit, license, or approval is final 
        pursuant to the law under which the agency action is taken, 
        unless a shorter time is specified in the Federal law pursuant 
        to which judicial review is allowed. Nothing in this subsection 
        shall create a right to judicial review or place any limit on 
        filing a claim that a person has violated the terms of a 
        permit, license, or approval.
          ``(2) New information.--The preparation of a supplemental 
        environmental impact statement or other environmental document 
        when required by this section shall be considered a separate 
        final agency action and the deadline for filing a claim for 
        judicial review of such action shall be 90 days after the date 
        of publication of a notice in the Federal Register announcing 
        such action.
  ``(n) Limitations on Judicial Relief.--Notwithstanding any other 
provision of law, the following limitations shall apply to actions 
brought before a court in connection with a rail project under this 
section:
          ``(1) Venue for any action shall be where the rail project is 
        located.
          ``(2) A specific property interest impacted by the rail 
        project in question must exist in order to have standing to 
        bring an action.
          ``(3) No action may be commenced by any person alleging a 
        violation of--
                  ``(A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.), chapters 5 and 7 of title 5, 
                or any other Federal environmental law if such Federal 
                law is identified in the draft environmental impact 
                statement, unless such person provided written notice 
                to the lead agency of the alleged violation of law, and 
                the facts supporting such claim, during the public 
                comment period on the draft environmental impact 
                statement; or
                  ``(B) any other law with regard to the rail project 
                unless such person provided written notice to the 
                applicable approving agency of the alleged violation of 
                law, and the facts supporting such claim, during the 
                public comment period on such agency approval.
          ``(4) Elected or appointed officials working for the Federal 
        Government or a State government may not be named in their 
        individual capacities in an action if they are acting within 
        the scope of their official duties.

``Sec. 22904. Integration of planning and environmental review

  ``(a) Adoption of Planning Products for Use in NEPA Proceedings.--
          ``(1) In general.--Notwithstanding any other provision of law 
        and subject to the conditions set forth in subsection (c), the 
        Federal lead agency for a rail project, at the request of the 
        project sponsors, may adopt and use a planning product in 
        proceedings relating to any class of action in the 
        environmental review process of the rail project.
          ``(2) Partial adoption of planning products.--The Federal 
        lead agency may adopt a planning product under paragraph (1) in 
        its entirety or may select portions for adoption.
          ``(3) Timing.--A determination under paragraph (1) with 
        respect to the adoption of a planning product shall be made at 
        the time the lead agencies decide the appropriate scope of 
        environmental review for the rail project.
  ``(b) Applicability.--
          ``(1) Planning decisions.--Planning decisions that may be 
        adopted pursuant to this section include--
                  ``(A) a purpose and need or goals and objectives 
                statement for the rail project, including with respect 
                to whether private financial assistance or other 
                special financial measures are necessary to implement 
                the rail project;
                  ``(B) a decision with respect to rail project 
                location;
                  ``(C) a decision with respect to the elimination of 
                unreasonable alternatives and the selection of the 
                range of reasonable alternatives for detailed study 
                during the environmental review process;
                  ``(D) a basic description of the environmental 
                setting;
                  ``(E) a decision with respect to methodologies for 
                analysis; and
                  ``(F) identifications of programmatic level 
                mitigation for potential impacts that the Federal lead 
                agency, in consultation with Federal, State, local, and 
                tribal resource agencies, determines are most 
                effectively addressed at a regional or national program 
                level, including--
                          ``(i) system-level measures to avoid, 
                        minimize, or mitigate impacts of proposed 
                        transportation and rail investments on 
                        environmental resources, including regional 
                        ecosystem and water resources; and
                          ``(ii) potential mitigation activities, 
                        locations, and investments.
          ``(2) Planning analyses.--Planning analyses that may be 
        adopted pursuant to this section include studies with respect 
        to--
                  ``(A) freight and passenger rail needs and demands;
                  ``(B) regional development and growth;
                  ``(C) local land use, growth management, and 
                development;
                  ``(D) population and employment;
                  ``(E) natural and built environmental conditions;
                  ``(F) environmental resources and environmentally 
                sensitive areas;
                  ``(G) potential environmental effects, including the 
                identification of resources of concern and potential 
                cumulative effects on those resources, identified as a 
                result of a statewide or regional cumulative effects 
                assessment; and
                  ``(H) mitigation needs for a proposed action, or 
                programmatic level mitigation, for potential effects 
                that the Federal lead agency determines are most 
                effectively addressed at a regional or national program 
                level.
  ``(c) Conditions.--Adoption and use of a planning product under this 
section is subject to a determination by the Federal lead agency, in 
consultation with joint lead agencies and project sponsors as 
appropriate, that the following conditions have been met:
          ``(1) The planning product was developed through a planning 
        process conducted pursuant to applicable Federal law.
          ``(2) The planning process included broad consideration of 
        freight and passenger rail needs and potential effects.
          ``(3) During the planning process, notice was provided, to 
        the extent required by applicable law, through publication or 
        other means to Federal, State, and local government agencies 
        and tribal governments that might have an interest in the 
        proposed rail project, and to members of the general public, of 
        the planning products that the planning process might produce 
        and that might be relied on during the environmental review 
        process, and such entities have been provided an appropriate 
        opportunity to participate in the planning process leading to 
        such planning product.
          ``(4) Prior to determining the scope of environmental review 
        for the rail project, the joint lead agencies have made 
        documentation relating to the planning product available to 
        Federal, State, and local governmental agencies and tribal 
        governments that may have an interest in the proposed action, 
        and to members of the general public.
          ``(5) There is no significant new information or new 
        circumstance that has a reasonable likelihood of affecting the 
        continued validity or appropriateness of the planning product.
          ``(6) The planning product is based on reliable and 
        reasonably current data and reasonable and scientifically 
        acceptable methodologies.
          ``(7) The planning product is documented in sufficient detail 
        to support the decision or the results of the analysis and to 
        meet requirements for use of the information in the 
        environmental review process.
          ``(8) The planning product is appropriate for adoption and 
        use in the environmental review process for the rail project.
  ``(d) Effect of Adoption.--Notwithstanding any other provision of 
law, any planning product adopted by the Federal lead agency in 
accordance with this section shall not be reconsidered or made the 
subject of additional interagency consultation during the environmental 
review process of the rail project unless the Federal lead agency, in 
consultation with joint lead agencies and project sponsors as 
appropriate, determines that there is significant new information or 
new circumstances that affect the continued validity or appropriateness 
of the adopted planning product. Any planning product adopted by the 
Federal lead agency in accordance with this section may be relied upon 
and used by other Federal agencies in carrying out reviews of the rail 
project.
  ``(e) Rule of Construction.--This section may not be construed to 
make the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) process applicable to the transportation planning processes 
conducted under chapters 52 and 227 of this title, section 211 of the 
Passenger Rail Investment and Improvement Act of 2008, or section 26101 
of this title. Initiation of the National Environmental Policy Act of 
1969 process as a part of, or concurrently with, transportation 
planning activities does not subject transportation plans and programs 
to the National Environmental Policy Act of 1969 process. This section 
may not be construed to affect the use of planning products in the 
National Environmental Policy Act of 1969 process pursuant to other 
authorities under law or to restrict the initiation of the National 
Environmental Policy Act of 1969 process during planning.

``Sec. 22905. Program for eliminating duplication of environmental 
                    reviews

  ``(a) Establishment.--
          ``(1) In general.--The Secretary shall establish a program to 
        eliminate duplicative environmental reviews and approvals under 
        State and Federal law of rail projects. Under this program, a 
        State may use State laws and procedures to conduct reviews and 
        make approvals in lieu of Federal environmental laws and 
        regulations, consistent with the provisions of this section.
          ``(2) Participating states.--All States are eligible to 
        participate in the program.
          ``(3) Scope of alternative review and approval procedures.--
        For purposes of this section, alternative environmental review 
        and approval procedures may include one or more of the 
        following:
                  ``(A) Substitution of one or more State environmental 
                laws for one or more Federal environmental laws, if the 
                Secretary determines in accordance with this section 
                that the State environmental laws provide environmental 
                protection and opportunities for public involvement 
                that are substantially equivalent to the applicable 
                Federal environmental laws.
                  ``(B) Substitution of one or more State regulations 
                for Federal regulations implementing one or more 
                Federal environmental laws, if the Secretary determines 
                in accordance with this section that the State 
                regulations provide environmental protection and 
                opportunities for public involvement that are 
                substantially equivalent to the Federal regulations.
  ``(b) Application.--To participate in the program, a State shall 
submit to the Secretary an application containing such information as 
the Secretary may require, including--
          ``(1) a full and complete description of the proposed 
        alternative environmental review and approval procedures of the 
        State;
          ``(2) for each State law or regulation included in the 
        proposed alternative environmental review and approval 
        procedures of the State, an explanation of the basis for 
        concluding that the law or regulation meets the requirements 
        under subsection (a)(3); and
          ``(3) evidence of having sought, received, and addressed 
        comments on the proposed application from the public and 
        appropriate Federal environmental resource agencies.
  ``(c) Review of Application.--The Secretary shall--
          ``(1) review an application submitted under subsection (b);
          ``(2) approve or disapprove the application in accordance 
        with subsection (d) not later than 90 days after the date of 
        the receipt of the application; and
          ``(3) transmit to the State notice of the approval or 
        disapproval, together with a statement of the reasons for the 
        approval or disapproval.
  ``(d) Approval of State Programs.--
          ``(1) In general.--The Secretary shall approve each such 
        application if the Secretary finds that the proposed 
        alternative environmental review and approval procedures of the 
        State are substantially equivalent to the applicable Federal 
        environmental laws and Federal regulations.
          ``(2) Exclusion.--The National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.) shall not apply to any decision 
        by the Secretary to approve or disapprove any application 
        submitted pursuant to this section.
  ``(e) Compliance With Permits.--Compliance with a permit or other 
approval of a rail project issued pursuant to a program approved by the 
Secretary under this section shall be deemed compliance with the 
Federal laws and regulations identified in the program approved by the 
Secretary pursuant to this section.
  ``(f) Review and Termination.--
          ``(1) Review.--All State alternative environmental review and 
        approval procedures approved under this section shall be 
        reviewed by the Secretary not less than once every 5 years.
          ``(2) Public notice and comment.--In conducting the review 
        process under paragraph (1), the Secretary shall provide notice 
        and an opportunity for public comment.
          ``(3) Extensions and terminations.--At the conclusion of the 
        review process, the Secretary may extend the State alternative 
        environmental review and approval procedures for an additional 
        5-year period or terminate the State program.
  ``(g) Report to Congress.--Not later than 2 years after the date of 
enactment of this section, and annually thereafter, the Secretary shall 
submit to Congress a report that describes the administration of the 
program.

``Sec. 22906. Railroad corridor preservation

  ``(a) In General.--The Secretary may assist an applicant to acquire 
railroad right-of-way and adjacent real property interests before the 
completion of the environmental reviews for any rail project that may 
use the right-of-way and the real property interests if the acquisition 
is otherwise permitted under Federal law. The Secretary may establish 
restrictions on such an acquisition as the Secretary determines to be 
necessary and appropriate.
  ``(b) Environmental Reviews.--Railroad right-of-way and real property 
interests acquired under this section may not be developed in 
anticipation of final approval of the rail project until all required 
environmental reviews for the rail project have been completed.

``Sec. 22907. Treatment of railroads for historic preservation

  ``Except for a railroad operated as a historic site with the purpose 
of preserving the railroad for listing in the National Register of 
Historic Places, a railroad subject to the safety regulation 
jurisdiction of the Federal Railroad Administration, or any portion of 
such railroad, or any property in current or former use by a railroad 
and intended to be restored to use by a railroad, shall not be 
considered a historic site, district, object, structure, or property of 
national, State, or local significance for purposes of section 303 of 
this title or section 106 or 110 of the National Historic Preservation 
Act (16 U.S.C. 470f or 470h-2) by virtue of being listed as a resource 
in, or eligible for listing in, the National Register of Historic 
Places. At the discretion of the Secretary, with the advice of the 
Department of the Interior, significant individual elements of a 
railroad such as depots and major bridges would be subject to such 
section 106 or 110.

``Sec. 22908. Categorical exclusion

  ``(a) Treatment of Rail Projects.--The Secretary shall, for the 
purposes of this title, treat a rail project as a class of action 
categorically excluded from the requirements relating to the 
environmental assessment process or the preparation of environmental 
impact statements under the standards promulgated by the Council on 
Environmental Quality (40 C.F.R. 1508.4), if such rail project--
          ``(1) replaces or maintains existing railroad equipment; 
        track and bridge structures; electrification, communication, 
        signaling, or security facilities; stations; maintenance-of-way 
        and maintenance-of-equipment bases; or other existing railroad-
        related facilities;
          ``(2) is a rail line addition of any length within an 
        existing right of way;
          ``(3) is related to the implementation of positive train 
        control systems, as required by section 20157 of title 49, 
        United States Code; or
          ``(4) replaces, reconstructs, or rehabilitates an existing 
        railroad bridge, including replacement of a culvert, that does 
        not require the acquisition of a significant amount of right-
        of-way.
  ``(b) Additional Actions.--If a rail project qualifies for 
categorical exclusion under this section except for additional actions 
that do not fit in the relevant category, the rail project may be 
categorically excluded if the Secretary determines, based on 
information provided by the project sponsor, that the additional 
actions meet the standards for categorical exclusion promulgated by the 
Council on Environmental Quality (40 C.F.R. 1508.4).
  ``(c) Other Operating Administrations' Categorical Exclusions.--If a 
rail project would be eligible for categorical exclusion from the 
requirements relating to the environmental assessment process or the 
preparation of environmental impact statements by another operating 
administration of the Department of Transportation, the Federal 
Railroad Administration may categorically exclude the rail project.

``Sec. 22909. State assumption of responsibility for categorical 
                    exclusions

  ``(a) Categorical Exclusion Determinations.--
          ``(1) In general.--The Secretary may assign, and a State may 
        assume, responsibility for determining whether certain 
        designated activities are included within classes of action 
        identified by the Secretary that are categorically excluded 
        from requirements for environmental assessments or 
        environmental impact statements pursuant to regulations 
        promulgated by the Council on Environmental Quality under part 
        1500 of title 40, Code of Federal Regulations (as in effect on 
        October 1, 2003).
          ``(2) Scope of authority.--A determination described in 
        paragraph (1) shall be made by a State in accordance with 
        criteria established by the Secretary and for any type of 
        activity for which a categorical exclusion classification is 
        appropriate.
          ``(3) Criteria.--The criteria under paragraph (2) shall 
        include provisions for public availability of information 
        consistent with section 552 of title 5 and the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
          ``(4) Preservation of flexibility.--The Secretary shall not 
        require a State, as a condition of assuming responsibility 
        under this section, to forego project delivery methods that are 
        otherwise permissible for rail projects.
  ``(b) Other Applicable Federal Laws.--
          ``(1) In general.--If a State assumes responsibility under 
        subsection (a), the Secretary may also assign and the State may 
        assume all or part of the responsibilities of the Secretary for 
        environmental review, consultation, or other related actions 
        required under any Federal environmental law applicable to 
        activities that are classified by the Secretary as categorical 
        exclusions, with the exception of government-to-government 
        consultation with Indian tribes, subject to the same procedural 
        and substantive requirements as would be required if that 
        responsibility were carried out by the Secretary.
          ``(2) Sole responsibility.--A State that assumes 
        responsibility under paragraph (1) with respect to a Federal 
        law shall be solely responsible and solely liable for complying 
        with and carrying out that law, and the Secretary shall have no 
        such responsibility or liability.
  ``(c) Memoranda of Understanding.--
          ``(1) In general.--The Secretary and the State, after 
        providing public notice and opportunity for comment, shall 
        enter into a memorandum of understanding setting forth the 
        responsibilities to be assigned under this section and the 
        terms and conditions under which the assignments are made, 
        including establishment of the circumstances under which the 
        Secretary would reassume responsibility for categorical 
        exclusion determinations.
          ``(2) Term.--A memorandum of understanding--
                  ``(A) shall have a term of not more than 3 years; and
                  ``(B) shall be renewable.
          ``(3) Acceptance of jurisdiction.--In a memorandum of 
        understanding, the State shall consent to accept the 
        jurisdiction of the Federal courts for the compliance, 
        discharge, and enforcement of any responsibility of the 
        Secretary that the State assumes.
          ``(4) Monitoring.--The Secretary shall--
                  ``(A) monitor compliance by the State with the 
                memorandum of understanding and the provision by the 
                State of financial resources to carry out the 
                memorandum of understanding; and
                  ``(B) take into account the performance by the State 
                when considering renewal of the memorandum of 
                understanding.
  ``(d) Termination.--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.
  ``(e) State Agency Deemed to Be Federal Agency.--A State agency that 
is assigned a responsibility under a memorandum of understanding shall 
be deemed to be a Federal agency for the purposes of the Federal law 
under which the responsibility is exercised.

``Sec. 22910. Rail project delivery program

  ``(a) Establishment.--
          ``(1) In general.--The Secretary shall carry out a rail 
        project delivery program (referred to in this section as the 
        `program').
          ``(2) Assumption of responsibility.--
                  ``(A) In general.--Subject to the other provisions of 
                this section, with the written agreement of the 
                Secretary and a State, which may be in the form of a 
                memorandum of understanding, the Secretary may assign, 
                and the State may assume, the responsibilities of the 
                Secretary with respect to one or more rail projects 
                within the State under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                  ``(B) Additional responsibility.--If a State assumes 
                responsibility under subparagraph (A)--
                          ``(i) the Secretary may assign to the State, 
                        and the State may assume, all or part of the 
                        responsibilities of the Secretary for 
                        environmental review, consultation, or other 
                        action required under any Federal environmental 
                        law pertaining to the review or approval of a 
                        specific rail project; but
                          ``(ii) the Secretary may not assign any 
                        responsibility imposed on the Secretary by 
                        chapter 227 of this title.
                  ``(C) Procedural and substantive requirements.--A 
                State shall assume responsibility under this section 
                subject to the same procedural and substantive 
                requirements as would apply if that responsibility were 
                carried out by the Secretary.
                  ``(D) Federal responsibility.--Any responsibility of 
                the Secretary not explicitly assumed by the State by 
                written agreement under this section shall remain the 
                responsibility of the Secretary.
                  ``(E) No effect on authority.--Nothing in this 
                section preempts or interferes with any power, 
                jurisdiction, responsibility, or authority of an 
                agency, other than the Department of Transportation, 
                under applicable law (including regulations) with 
                respect to a rail project.
                  ``(F) Preservation of flexibility.--The Secretary may 
                not require a State, as a condition of participation in 
                the program, to forego project delivery methods that 
                are otherwise permissible for rail projects.
  ``(b) State Participation.--
          ``(1) Participating states.--All States are eligible to 
        participate in the program.
          ``(2) Application.--Not later than 270 days after the date of 
        enactment of this section, the Secretary shall promulgate 
        regulations that establish requirements relating to information 
        required to be contained in any application of a State to 
        participate in the program, including, at a minimum--
                  ``(A) the rail projects or classes of projects for 
                which the State anticipates exercising the authority 
                that may be granted under the program;
                  ``(B) verification of the financial resources 
                necessary to carry out the authority that may be 
                granted under the program; and
                  ``(C) evidence of the notice and solicitation of 
                public comment by the State relating to participation 
                of the State in the program, including copies of 
                comments received from that solicitation.
          ``(3) Public notice.--
                  ``(A) In general.--Each State that submits an 
                application under this subsection shall give notice of 
                the intent of the State to participate in the program 
                not later than 30 days before the date of submission of 
                the application.
                  ``(B) Method of notice and solicitation.--The State 
                shall provide notice and solicit public comment under 
                this paragraph by publishing the complete application 
                of the State in accordance with the appropriate public 
                notice law of the State.
          ``(4) Selection criteria.--The Secretary may approve the 
        application of a State under this section only if--
                  ``(A) the regulatory requirements under paragraph (2) 
                have been met;
                  ``(B) the Secretary determines that the State has the 
                capability, including financial and personnel, to 
                assume the responsibility; and
                  ``(C) the head of the State agency having primary 
                jurisdiction over rail matters enters into a written 
                agreement with the Secretary described in subsection 
                (c).
          ``(5) Other federal agency views.--If a State applies to 
        assume a responsibility of the Secretary that would have 
        required the Secretary to consult with another Federal agency, 
        the Secretary shall solicit the views of the Federal agency 
        before approving the application.
  ``(c) Written Agreement.--A written agreement under this section 
shall--
          ``(1) be executed by the Governor or the top-ranking 
        transportation official in the State who is charged with 
        responsibility for rail construction;
          ``(2) be in such form as the Secretary may prescribe;
          ``(3) provide that the State--
                  ``(A) agrees to assume all or part of the 
                responsibilities of the Secretary described in 
                subsection (a);
                  ``(B) expressly consents, on behalf of the State, to 
                accept the jurisdiction of the Federal courts for the 
                compliance, discharge, and enforcement of any 
                responsibility of the Secretary assumed by the State;
                  ``(C) certifies that State laws (including 
                regulations) are in effect that--
                          ``(i) authorize the State to take the actions 
                        necessary to carry out the responsibilities 
                        being assumed; and
                          ``(ii) are comparable to section 552 of title 
                        5, including providing that any decision 
                        regarding the public availability of a document 
                        under those State laws is reviewable by a court 
                        of competent jurisdiction; and
                  ``(D) agrees to maintain the financial resources 
                necessary to carry out the responsibilities being 
                assumed;
          ``(4) shall have a term of not more than 5 years; and
          ``(5) shall be renewable.
  ``(d) Jurisdiction.--
          ``(1) In general.--The United States district courts shall 
        have exclusive jurisdiction over any civil action against a 
        State for failure to carry out any responsibility of the State 
        under this section.
          ``(2) Legal standards and requirements.--A civil action under 
        paragraph (1) shall be governed by the legal standards and 
        requirements that would apply in such a civil action against 
        the Secretary had the Secretary taken the actions in question.
          ``(3) Intervention.--The Secretary shall have the right to 
        intervene in any action described in paragraph (1).
  ``(e) Effect of Assumption of Responsibility.--A State that assumes 
responsibility under subsection (a)(2) shall be solely responsible and 
solely liable for carrying out, in lieu of the Secretary, the 
responsibilities assumed under subsection (a)(2), until the program is 
terminated as provided in subsection (j).
  ``(f) Limitations on Agreements.--Nothing in this section permits a 
State to assume any rulemaking authority of the Secretary under any 
Federal law.
  ``(g) Audits.--
          ``(1) In general.--To ensure compliance by a State with any 
        agreement of the State under subsection (c) (including 
        compliance by the State with all Federal laws for which 
        responsibility is assumed under subsection (a)(2)), for each 
        State participating in the program under this section, the 
        Secretary shall conduct--
                  ``(A) semiannual audits during each of the first 2 
                years of State participation; and
                  ``(B) annual audits during each of the third and 
                fourth years of State participation.
          ``(2) Public availability and comment.--
                  ``(A) In general.--An audit conducted under paragraph 
                (1) shall be provided to the public for comment.
                  ``(B) Response.--Not later than 60 days after the 
                date on which the period for public comment ends, the 
                Secretary shall respond to public comments received 
                under subparagraph (A).
  ``(h) Monitoring.--After the fourth year of participation of the 
State in the program, the Secretary shall monitor compliance by the 
State with the written agreement, including the provision by the State 
of financial resources to carry out the written agreement.
  ``(i) Report to Congress.--The Secretary shall submit to Congress an 
annual report that describes the administration of the program.
  ``(j) Termination.--The Secretary may terminate the participation of 
any State in the program if--
          ``(1) the Secretary determines that the State is not 
        adequately carrying out the responsibilities assigned to the 
        State;
          ``(2) the Secretary provides to the State--
                  ``(A) notification of the determination of 
                noncompliance; and
                  ``(B) a period of at least 30 days during which to 
                take such corrective action as the Secretary determines 
                is necessary to comply with the applicable agreement; 
                and
          ``(3) the State, after the notification and period provided 
        under paragraph (2), fails to take satisfactory corrective 
        action, as determined by Secretary.

``Sec. 22911. Exemption in emergencies

  ``If any railroad, track, bridge, or other facility is in operation 
or under construction when damaged by an emergency declared by the 
Governor of the State and concurred in by the Secretary, or declared by 
the President pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121), is proposed to be 
reconstructed with Federal funds, and is reconstructed in the same 
location with the same capacity, dimensions, and design as before the 
emergency, then that reconstruction project shall be exempt from any 
further environmental reviews, approvals, licensing, and permit 
requirements under--
          ``(1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
          ``(2) sections 402 and 404 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1342, 1344);
          ``(3) the National Historic Preservation Act (16 U.S.C. 470 
        et seq.);
          ``(4) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
          ``(5) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
        seq.);
          ``(6) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
        et seq.);
          ``(7) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), except when the reconstruction occurs in designated 
        critical habitat for threatened and endangered species;
          ``(8) Executive Order 11990 (42 U.S.C. 4321 note; relating to 
        the protection of wetlands); and
          ``(9) any Federal law (including regulations) requiring no 
        net loss of wetlands.''.
  (b) Conforming Amendment.--The chapter analysis for subtitle V of 
title 49, United States Code, is amended by inserting after the item 
relating to chapter 227 the following:

``229. Project development and review.......................   22901''.

     Subtitle D--Railroad Rehabilitation and Improvement Financing

SEC. 8301. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.

  (a) Purpose and Regulations.--
          (1) Purpose.--The amendments made by this section are 
        intended to encourage a higher level of participation in the 
        railroad rehabilitation and improvement financing program under 
        section 502 of the Railroad Revitalization and Regulatory 
        Reform Act of 1976 and to make the loan process under that 
        program faster, more efficient, and more predictable.
          (2) Regulations.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall issue regulations 
        implementing the amendments made by this section in a manner 
        that achieves the purpose stated in paragraph (1).
  (b) High-speed Rail.--Section 502(b)(1)(C) of such Act (45 U.S.C. 
822(b)(1)(C)) is amended by inserting ``, including high-speed rail (as 
defined in section 26105(2) of title 49, United States Code) 
facilities'' after ``railroad facilities''.
  (c) Private Insurance.--Section 502(f)(1) of such Act (45 U.S.C. 
822(f)(1)) is amended--
          (1) by striking ``under this section a commitment'' and 
        inserting ``under this section private insurance, including 
        bond insurance, or any other commitment''; and
          (2) by inserting ``or private insurance, including bond 
        insurance,'' after ``authority and credit risk premiums''.
  (d) Financing of Credit Risk Premium.--Section 502(f)(3) of such Act 
(45 U.S.C. 822(f)(3)) is amended by inserting ``, or, at the discretion 
of the Secretary, in a series of payments over the term of the loan. If 
private insurance, including bond insurance, is used, the policy 
premium shall be paid before the loan is disbursed'' after ``of loan 
amounts''.
  (e) Collateral.--
          (1) Full value.--Section 502(h)(2) of such Act (45 U.S.C. 
        822(h)(2)) is amended by inserting ``Such collateral shall be 
        valued at 100 percent of the liquidated asset valuation, or 
        going concern valuation when applicable.'' after ``operation of 
        the project.''.
          (2) Dedicated revenue and subordination.--Such section 
        502(h)(2) is further amended--
                  (A) by striking ``(2) The Secretary'' and inserting 
                ``(2)(A) The Secretary'';
                  (B) by adding at the end of subparagraph (A) the 
                following: ``The Secretary may subordinate rights of 
                the Secretary under any provision of title 49 or title 
                23 of the United States Code, to the rights of the 
                Secretary under this section and section 503.''; and
                  (C) by adding at the end the following new 
                subparagraph:
  ``(B) In the case of an applicant that is a State, an Interstate 
compact, a local government authority as defined in section 5302 of 
title 49, United States Code, or a high-speed rail system as defined in 
section 26105 of title 49, United States Code, the Secretary shall, for 
purposes of making a finding under subsection (g)(4), accept the net 
present value on a future stream of State or local subsidy income or 
dedicated revenue as collateral offered to secure the loan.''.
  (f) Office of Management and Budget.--Section 502(i) of such Act (45 
U.S.C. 822(i)) is amended by inserting ``In order to enable compliance 
with such time limit, the Office of Management and Budget shall take 
any actions required with respect to the application within such 90-day 
period.'' after ``disapprove the application.''.
  (g) Completion of Application.--Section 502(i) of such Act (45 U.S.C. 
822(i)) is further amended--
          (1) by striking ``Disapproval.--Not later than 90 days after 
        receiving'' and inserting ``Disapproval.--
          ``(1) In general.--Not later than 90 days after an 
        application is determined pursuant to paragraph (2) to be''; 
        and
          (2) by adding at the end the following new paragraph:
          ``(2) Completion of application.--The Secretary shall 
        establish procedures for making a determination not later than 
        45 days after submission of an application under this section 
        whether the application is complete. Such procedures shall--
                  ``(A) provide for a checklist of the required 
                components of a complete application;
                  ``(B) provide that an independent financial analyst 
                be assigned within 45 days of submittal to review the 
                application;
                  ``(C) require the Secretary to provide to the 
                applicant a description of the specific components of 
                the application that remain incomplete or 
                unsatisfactory if an application is determined to be 
                incomplete; and
                  ``(D) permit reapplication without prejudice for 
                applications determined to be incomplete or 
                unsatisfactory.''.
  (h) Repayment Deferral.--Section 502(j) of such Act (45 U.S.C. 
822(j)) is amended by adding at the end the following new paragraph:
          ``(3) Treatment of costs associated with deferral.--Any 
        additional costs associated with a deferred repayment schedule 
        under paragraph (1) may be financed over the remaining term of 
        the loan beginning at the time the payments begin, or may be 
        included in the credit risk premium determined under subsection 
        (f)(2).''.
  (i) Positive Train Control.--
          (1) Priority.--Section 502(c)(1) of such Act (45 U.S.C. 
        822(c)(1)) is amended by inserting ``, including projects for 
        the installation of positive train control systems as defined 
        in section 20157(i) of title 49, United States Code'' after 
        ``public safety''.
          (2) Collateral.--Section 502(h)(2) of such Act (45 U.S.C. 
        822(h)(2)), as amended by this section, is further amended by 
        adding at the end the following new subparagraph:
  ``(C) For purposes of making a finding under subsection (g)(4) with 
respect to an application for a project for the installation of 
positive train control systems, the collateral value of that asset 
shall be deemed to be equal to the total cost of the labor and 
materials associated with installing the positive train control 
systems.''.
  (j) Report to Congress.--Section 502 of such Act (45 U.S.C. 822) is 
amended by adding at the end the following new subsection:
  ``(k) Report to Congress.--Not later than 1 year after the date of 
enactment of the American Energy and Infrastructure Jobs Act of 2012, 
and annually thereafter, the Secretary shall transmit to the Congress a 
report on the program under this section that summarizes the number of 
loans approved and disapproved by the Secretary during the previous 
year. Such report shall not disclose the identity of loan or loan 
guarantee recipients. The report shall describe--
          ``(1) the number of preapplication meetings with potential 
        applicants;
          ``(2) the number of applications received and determined 
        complete under subsection (i)(2), including the requested loan 
        amounts;
          ``(3) the dates of receipt of applications;
          ``(4) the dates applications were determined complete under 
        subsection (i)(2);
          ``(5) the number of applications determined incomplete under 
        subsection (i)(2);
          ``(6) the final decision dates for both approvals and denials 
        of applications;
          ``(7) the number of applications withdrawn from 
        consideration; and
          ``(8) the annual loan portfolio asset quality.''.
  (k) Authorization of Appropriations.--Section 502 of such Act (45 
U.S.C. 822) is amended by adding at the end the following new 
subsection:
  ``(l) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for purposes of carrying out subsections 
(f)(3) and (j)(3), $50,000,000 for fiscal year 2013.''.

                   Subtitle E--Positive Train Control

SEC. 8401. POSITIVE TRAIN CONTROL.

  (a) Railroad Safety Risk Reduction Program.--Section 20156(e)(4) of 
title 49, United States Code, is amended to read as follows:
          ``(4) Positive train control.--Except as required by section 
        20157 (relating to the requirements for implementation of 
        positive train control systems), the Secretary shall ensure 
        that each railroad carrier's technology implementation plan 
        required under paragraph (1) that includes a schedule for 
        implementation of a positive train control system complies with 
        that schedule. Nothing in this section shall be construed as 
        requiring the installation of positive train control on 
        railroad tracks if positive train control is not required on 
        those tracks by section 20157 and positive train control on 
        those tracks is not chosen by the railroad as a technology to 
        be implemented under this section.''.
  (b) Implementation of Positive Train Control Systems.--Section 20157 
of title 49, United States Code, is amended--
          (1) in subsection (a)(1)--
                  (A) by striking ``December 31, 2015'' and inserting 
                ``December 31, 2020'';
                  (B) by inserting ``and'' after the semicolon at the 
                end of subparagraph (A);
                  (C) by striking ``; and'' at the end of subparagraph 
                (B) and inserting ``on or after December 31, 2020.''; 
                and
                  (D) by striking subparagraph (C);
          (2) by adding at the end of subsection (a) the following new 
        paragraph:
          ``(3) Alternative strategy.--A plan submitted under this 
        subsection may provide that, in lieu of installing positive 
        train control on all or some of the tracks on which positive 
        train control is otherwise required to be installed pursuant to 
        paragraph (1)(B), the railroad carrier will utilize an 
        alternative risk reduction strategy that would reduce the risk 
        of release of poison- or toxic-by-inhalation hazardous 
        materials to the same extent the risk of a release of poison- 
        or toxic-by-inhalation hazardous materials would be reduced if 
        positive train control were installed on those tracks. An 
        alternative risk reduction strategy may only be used pursuant 
        to this paragraph on tracks for which positive train control is 
        not required pursuant to paragraph (1)(A).'';
          (3) in subsection (c)--
                  (A) by striking ``Approval.--Not later than 90 days 
                after the Secretary receives a plan'' and inserting 
                ``Approval.--
          ``(1) In general.--Not later than 90 days after the Secretary 
        receives a plan or revision of a plan under this section''; and
                  (B) by adding at the end the following new paragraph:
          ``(2) Revision of plan.--A railroad carrier may revise a plan 
        under this section as necessary to reflect rail lines that are 
        added or removed, or to reflect alternative risk reduction 
        strategies proposed pursuant to subsection (a)(3).'';
          (4) in subsection (d)--
                  (A) by striking ``December 31, 2012'' and inserting 
                ``December 31, 2015''; and
                  (B) by inserting ``and alternative risk reduction 
                strategies. Such report shall include any 
                recommendations for improving the ability of rail 
                carriers to implement positive train control systems or 
                alternative risk reduction strategies in accordance 
                with this section'' after ``positive train control 
                systems'';
          (5) in subsection (e), by inserting ``and alternative risk 
        reduction strategies'' after ``positive train control''; and
          (6) in subsection (f), by striking ``or section 20156'' the 
        first place it appears.

                     Subtitle F--Regulatory Reform

SEC. 8501. FEDERAL RAILROAD ADMINISTRATION REGULATIONS.

  (a) Amendment.--Section 103 of title 49, United States Code, is 
amended by adding at the end the following new subsection:
  ``(l) Improving Regulation and Regulatory Review.--
          ``(1) In general.--Before any final regulation within the 
        jurisdiction of the Administration is issued, the Administrator 
        shall make all preliminary and final determinations based on 
        evidence and consider, in addition to other applicable 
        considerations, the following:
                  ``(A) The legal authority under which a rule may be 
                proposed, including whether a rulemaking is required by 
                statute, and if so, whether by a specific date, or 
                whether the agency has discretion to commence a 
                rulemaking.
                  ``(B) Other statutory considerations applicable to 
                whether the agency can or should propose a rule or 
                undertake other agency action.
                  ``(C) The specific nature and significance of the 
                problem the agency may address with a rule (including 
                the degree and nature of risks the problem poses and 
                the priority of addressing those risks compared to 
                other matters or activities within the agency's 
                jurisdiction), whether the problem warrants new agency 
                action, and the countervailing risks that may be posed 
                by alternatives for new agency action.
                  ``(D) Whether existing rules have created or 
                contributed to the problem the agency may address with 
                a rule and whether those rules could be amended or 
                rescinded to address the problem in whole or part.
                  ``(E) The best reasonably obtainable scientific, 
                technical, and other information related to the need 
                for, and consequences of, the rule.
                  ``(F) The potential costs and benefits, including 
                direct, indirect, and cumulative costs and benefits and 
                estimated impacts on jobs, economic growth, innovation, 
                and economic competitiveness.
                  ``(G) Means to increase the cost-effectiveness of any 
                Federal response.
                  ``(H) Incentives for innovation, consistency, 
                predictability, lower costs of enforcement and 
                compliance (to government entities, regulated entities, 
                and the public), and flexibility.
                  ``(I) Any reasonable alternatives for a new rule or 
                other response identified by the agency or interested 
                persons, including not only responses that mandate 
                particular conduct or manners of compliance, but also--
                          ``(i) the alternative of no Federal response;
                          ``(ii) amending or rescinding existing rules;
                          ``(iii) potential regional, State, local, or 
                        tribal regulatory action or other responses 
                        that could be taken in lieu of agency action; 
                        and
                          ``(iv) potential responses that--
                                  ``(I) specify performance objectives 
                                rather than conduct or manners of 
                                compliance;
                                  ``(II) establish economic incentives 
                                to encourage desired behavior;
                                  ``(III) provide information upon 
                                which choices can be made by the 
                                public; or
                                  ``(IV) incorporate other innovative 
                                alternatives rather than agency actions 
                                that specify conduct or manners of 
                                compliance.
          ``(2) Public comment.--The Administrator shall solicit and 
        take into consideration public comment on the subjects 
        described in subparagraphs (A) through (I) of paragraph (1) 
        before issuance of a final regulation described in paragraph 
        (1).
          ``(3) Agency statements.--
                  ``(A) In general.--The Administrator shall follow 
                applicable rulemaking procedures under section 553 of 
                title 5 before issuing a binding obligation applicable 
                to recipients of Federal assistance.
                  ``(B) Binding obligation defined.--In this paragraph, 
                the term `binding obligation' means a substantive 
                policy statement, rule, or guidance document issued by 
                the Administration that grants rights, imposes 
                obligations, produces significant effects on private 
                interests, or effects a significant change in existing 
                policy.''.
  (b) Effective Date.--Paragraphs (1) and (2) of the subsection (l) 
added by the amendment made by subsection (a) of this section shall be 
effective only with respect to regulations with respect to which no 
notice of proposed rulemaking has been issued before the date of 
enactment of this Act.

                   Subtitle G--Technical Corrections

SEC. 8601. MISCELLANEOUS CORRECTIONS, REVISIONS, AND REPEALS.

  (a) Technical Corrections to Provisions of the United States Code 
Enacted in, or Amended by, the Rail Safety Improvement Act of 2008.--
(1) Section 1139 of title 49, United States Code, is amended--
          (A) in subsection (a)(1) by striking ``phone number'' and 
        inserting ``telephone number'';
          (B) in subsection (a)(2) by striking ``post trauma 
        communication with families'' and inserting ``post-trauma 
        communication with families''; and
          (C) in subsection (j)(2) by striking ``railroad passenger 
        accident'' and inserting ``rail passenger accident''.
  (2) Section 10909 of title 49, United States Code, is amended--
          (A) in subsection (b), by striking ``Clean Railroad Act of 
        2008,'' and inserting ``Clean Railroads Act of 2008,''; and
          (B) in subsection (e), by striking ``Upon the granting of 
        petition from the State'' and inserting ``Upon the granting of 
        a petition from the State''.
  (3) Section 20116 of title 49, United States Code, is amended--
          (A) by inserting ``(1)'' after ``unless''; and
          (B) by inserting ``(2)'' before ``the code, rule, standard, 
        requirement, or practice has been subject to notice and comment 
        under a rule or order issued under this part.''.
  (4) Section 20120(a) of title 49, United States Code, is amended--
          (A) by striking ``website'' and inserting ``Web site'';
          (B) in paragraph (1), by striking ``accident and incidence 
        reporting'' and inserting ``accident and incident reporting'';
          (C) in paragraph (2)(G), by inserting ``and'' at the end; and
          (D) in paragraph (5)(B), by striking ``Administrative Hearing 
        Officer or Administrative Law Judge'' and inserting 
        ``administrative hearing officer or administrative law judge''.
  (5) Section 20156 of title 49, United States Code, is amended--
          (A) in subsection (c), by inserting a comma after ``In 
        developing its railroad safety risk reduction program''; and
          (B) in subsection (g)(1), by inserting a comma after ``good 
        faith'' and by striking ``non-profit'' and inserting 
        ``nonprofit''.
  (6) Section 20157(a)(1)(B) of title 49, United States Code, is 
amended by striking ``parts 171.8, 173.115, and 173.132'' and inserting 
``sections 171.8, 173.115, and 173.132''.
  (7) Section 20159 of title 49, United States Code, is amended by 
striking ``the Secretary'' and inserting ``the Secretary of 
Transportation''.
  (8) Section 20160 of title 49, United States Code, is amended--
          (A) in subsection (a)(1), by striking ``or with'' and 
        inserting ``with''; and
          (B) in subsection (b)(1)(A), by striking ``or with'' and 
        inserting ``with''.
  (9) Section 20162(a)(3) of title 49, United States Code, is amended 
by striking ``railroad compliance with Federal standards'' and 
inserting ``railroad carrier compliance with Federal standards''.
  (10) Section 20164(a) of title 49, United States Code, is amended by 
striking ``after enactment of the Railroad Safety Enhancement Act of 
2008'' and inserting ``after the enactment of the Rail Safety 
Improvement Act of 2008''.
  (11) Section 22106(b) of title 49, United States Code, is amended by 
striking ``interest thereof'' and inserting ``interest thereon''.
  (12) The item relating to section 24316 in the chapter analysis for 
chapter 243 of title 49, United States Code, is amended by striking 
``to assist families of passengers'' and inserting ``to address needs 
of families of passengers''.
  (b) Technical Corrections to Rail Safety Improvement Act of 2008.--
(1) The table of contents in section 1(b) of the Rail Safety 
Improvement Act of 2008 is amended--
          (A) in the item relating to section 307, by striking 
        ``website'' and inserting ``Web site'';
          (B) in the item relating to section 403, by striking ``Track 
        inspection time study'' and inserting ``Study and rulemaking on 
        track inspection time; rulemaking on concrete cross ties'';
          (C) in the item relating to section 408, by striking 
        ``Conrail'' and inserting ``Consolidated Rail Corporation'';
          (D) in the item relating to title VI, by striking ``solid 
        waste facilities'' and inserting ``solid waste rail transfer 
        facilities''; and
          (E) in the item relating to section 602 by striking ``solid 
        waste transfer facilities'' and inserting ``solid waste rail 
        transfer facilities''.
  (2) Section 2(a)(1) of the Rail Safety Improvement Act of 2008 is 
amended by inserting a comma after ``tracks at grade''.
  (3) Section 102(a)(6) of the Rail Safety Improvement Act of 2008 is 
amended to read as follows:
          ``(6) Improving the safety of railroad bridges, tunnels, and 
        related infrastructure to prevent accidents, incidents, 
        injuries, and fatalities caused by catastrophic and other 
        failures of such infrastructure.''.
  (4) Section 206(a) of the Rail Safety Improvement Act of 2008 is 
amended by striking ``Public Service Announcements'' and inserting 
``public service announcements''.
  (5) Section 307 of the Rail Safety Improvement Act of 2008 is 
amended--
          (A) in the section heading, by striking ``website'' and 
        inserting ``web site'';
          (B) in subsection (a), by striking ``website'' each place it 
        appears and inserting ``Web site''; and
          (C) in subsection (b), by striking ``website's'' and 
        inserting ``Web site's''.
  (6) Section 403 of the Rail Safety Improvement Act of 2008 is amended 
in the section heading by striking ``track inspection time study'' and 
inserting ``study and rulemaking on track inspection time; rulemaking 
on concrete cross ties''.
  (7) Section 405 of the Rail Safety Improvement Act of 2008 is 
amended--
          (A) in subsection (a), by striking ``cell phones'' and 
        inserting ``cellular telephones''; and
          (B) in subsection (d), by striking ``Secretary of 
        Transportation'' and inserting ``Secretary''.
  (8) Section 408 of the Rail Safety Improvement Act of 2008 is amended 
in the section heading by striking ``conrail'' and inserting 
``consolidated rail corporation''.
  (9) Section 412 of the Rail Safety Improvement Act of 2008 is amended 
by striking ``Secretary of Transportation'' and inserting 
``Secretary''.
  (10) Section 414 of the Rail Safety Improvement Act of 2008 is 
amended--
          (A) by striking ``parts 171.8, 173.115,'' and inserting 
        ``sections 171.8, 173.115,''; and
          (B) by striking ``part 1520.5'' and inserting ``section 
        1520.5''.
  (11) Section 416 of the Rail Safety Improvement Act of 2008 is 
amended--
          (A) by striking ``Secretary of Transportation'' and inserting 
        ``Secretary''; and
          (B) in paragraph (4), by striking ``subsection'' and 
        inserting ``section''.
  (12) Section 417(c) of the Rail Safety Improvement Act of 2008 is 
amended by striking ``each railroad'' and inserting ``each railroad 
carrier''.
  (13) Section 503 of the Rail Safety Improvement Act of 2008 is 
amended--
          (A) in subsection (b)--
                  (i) in paragraph (1), by striking ``passenger rail 
                accidents'' and inserting ``rail passenger accidents'';
                  (ii) by striking ``passenger rail accident'' each 
                place it appears and inserting ``rail passenger 
                accident''; and
                  (iii) in paragraph (4), by striking ``a count of the 
                number of passengers onboard the train'' and inserting 
                ``a count of the number of passengers aboard the 
                train''; and
          (B) by adding at the end a new subsection (d) to read as 
        follows:
  ``(d) Definitions.--In this section, the terms `passenger' and `rail 
passenger accident' have the meaning given those terms by section 1139 
of this title.''.
  (14) The heading title VI of the Rail Safety Improvement Act of 2008 
is amended by striking ``SOLID WASTE FACILITIES'' and inserting ``SOLID 
WASTE RAIL TRANSFER FACILITIES''.
  (15) The heading of section 602 of the Rail Safety Improvement Act of 
2008 is amended by striking ``solid waste transfer facilities'' and 
inserting ``solid waste rail transfer facilities''.
  (c) Technical Corrections to Provisions of the United States Code 
Enacted in, or Amended by, the Passenger Rail Investment and 
Improvement Act of 2008.--
          (1) Alternate passenger rail service pilot.--Section 24711 of 
        title 49, United States Code, is amended--
                  (A) in subsection (a)(1) by striking ``a period not 
                to exceed 5 years after the date of enactment of the 
                Passenger Rail Investment and Improvement Act of 2008'' 
                and inserting ``an operations period of 5 years, 
                renewable for a second 5-year operations period at the 
                discretion of the Administrator''; and
                  (B) by inserting after subsection (e) the following 
                new subsection:
  ``(f) Transfer Authority.--The Secretary of Transportation may 
provide directly to a winning bidder selected under this section any 
portion of appropriations for Amtrak operations necessary to cover the 
operating subsidy described in subsection (a)(5)(B).''.
          (2) Competitive grant selection and criteria for grants.--
        Section 26106(e)(2) of title 49, United States Code, is 
        amended--
                  (A) in subparagraph (A)(v), by striking ``that if an 
                applicant has selected the proposed operator of its 
                service, that the applicant provide'', and inserting 
                ``that the applicant shall select the proposed operator 
                of its service competitively, and that the applicant 
                shall provide''; and
                  (B) in subparagraph (B)(ii)--
                          (i) by inserting ``and'' at the end of 
                        subclause (I);
                          (ii) by inserting ``and'' at the end of 
                        subclause (II); and
                          (iii) by striking subclauses (III) and (IV).
  (d) State-supported Routes.--Section 209(c) of the Passenger Rail 
Investment and Improvement Act of 2008 (Public Law 110-432, 122 Stat. 
4918) is amended by striking ``within 1 year after the Board's 
determination'' and inserting ``by the first day of the first fiscal 
year beginning at least 1 year after the Board's determination''.

                       Subtitle H--Miscellaneous

SEC. 8701. APPLICATION OF BUY AMERICA TO INTERCITY PASSENGER RAIL 
                    SERVICE CORRIDORS.

  Section 24405(a) of title 49, United States Code, is amended--
          (1) by striking paragraph (4) and redesignating paragraphs 
        (5) through (11) as paragraphs (4) through (10), respectively; 
        and
          (2) by adding at the end the following new paragraphs:
  ``(11) The requirements of this subsection apply to all contracts for 
a project carried out within the scope of the applicable finding, 
determination, or decision under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source of 
such contracts, if at least one contract for the project is funded with 
amounts made available to carry out this title.
  ``(12) If the Secretary receives a request for a waiver under this 
subsection, the Secretary shall provide notice of and an opportunity 
for public comment on the request at least 30 days before making a 
finding based on the request. Such a notice shall include the 
information available to the Secretary concerning the request and shall 
be provided by electronic means, including on the official public 
Internet Web site of the Department of Transportation. If the Secretary 
issues a waiver under this subsection, the Secretary shall publish in 
the Federal Register a detailed justification for the waiver that 
addresses the public comments received under this paragraph and shall 
ensure that such justification is published before the waiver takes 
effect.''.

SEC. 8702. PROHIBITION ON USE OF FUNDS FOR CALIFORNIA HIGH-SPEED RAIL.

  No funds made available to carry out this Act or any amendment made 
by this Act may be used for high-speed rail in the State of California, 
for the California High-Speed Rail Authority, or for projects designed 
to further high-speed rail in the State of California.

SEC. 8703. DISADVANTAGED BUSINESS ENTERPRISES.

  (a) Availability of Funds.--Except to the extent that the Secretary 
determines otherwise, not less than 10 percent of the amounts made 
available for any capital grant program under the jurisdiction of the 
Federal Railroad Administration shall be expended through small 
business concerns owned and controlled by socially and economically 
disadvantaged individuals.
  (b) Definitions.--In this section, the following definitions apply:
          (1) Small business concern.--The term ``small business 
        concern'' has the meaning that term has under section 3 of the 
        Small Business Act (15 U.S.C. 632), except that the term shall 
        not include any concern or group of concerns controlled by the 
        same socially and economically disadvantaged individual or 
        individuals which has average annual gross receipts over the 
        preceding 3 fiscal years in excess of $22,410,000, as adjusted 
        annually by the Secretary of Transportation for inflation.
          (2) Socially and economically disadvantaged individuals.--The 
        term ``socially and economically disadvantaged individuals'' 
        has the meaning that term has under section 8(d) of the Small 
        Business Act (15 U.S.C. 637(d)) and relevant subcontracting 
        regulations issued pursuant to that Act, except that women 
        shall be presumed to be socially and economically disadvantaged 
        individuals for purposes of this section.
  (c) Compliance With Court Orders.--Nothing in this subsection limits 
the eligibility of an entity or person to receive funds made available 
for any capital grant program under the jurisdiction of the Federal 
Railroad Administration, if the entity or person is prevented, in whole 
or in part, from complying with subsection (a) because a Federal court 
issues a final order in which the court finds that the requirement of 
subsection (a), or the program established under subsection (a), is 
unconstitutional.
  (d) Program Implementation.--This section shall be carried out by the 
Secretary and by States in a manner consistent with that by which the 
disadvantaged business enterprises program authorized by section 
1101(c) of this Act is carried out.

              TITLE IX--HAZARDOUS MATERIAL TRANSPORTATION

SEC. 9001. SHORT TITLE.

  This title may be cited as the ``Hazardous Material Transportation 
Safety, Efficiency, and Accountability Act of 2012''.

SEC. 9002. AMENDMENT OF TITLE 49, UNITED STATES CODE.

  Except as otherwise provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of title 49, United States Code.

SEC. 9003. FINDINGS.

  Congress finds the following:
          (1) There are annually 2.2 billion tons of hazardous material 
        shipments by all modes across the United States totaling more 
        than $1.4 trillion.
          (2) The number of fatalities and serious injuries caused by 
        the transportation of hazardous material has been historically 
        low, averaging 4.2 fatalities per 100 million shipments - 
        meaning an American is about 4 times more likely to be killed 
        by lightning than a hazardous material in transportation. In 
        fiscal year 2010, there was the lowest number of hazardous 
        material incidents on record.
          (3) It is critical to the economic health of the Nation that 
        the laws and regulations governing the transportation of 
        hazardous material maintain a high level of safety, while 
        balancing the need for economic growth, innovation, 
        competitiveness, and job creation.
          (4) The individuals involved in the transportation stream and 
        the public benefit from a regulatory regime that is certain, 
        uniform, cost-efficient, and science-based.
          (5) Because of the potential risks to life, property, and the 
        environment posed by an unintentional release of hazardous 
        material, consistency and uniformity in laws and regulation 
        regarding the transportation of hazardous material is necessary 
        and desirable.

SEC. 9004. PURPOSES.

  Section 5101 is amended by striking ``that are inherent''.

SEC. 9005. DEFINITIONS.

  (a) Hazmat Employer.--Section 5102(4)(A)(i)(I) is amended by striking 
``or uses''.
  (b) Transports.--Section 5102(13) is amended to read as follows:
          ``(13) `transports' or `transportation'--
                  ``(A) means the movement of property and loading, 
                unloading, handling, or storage incidental to the 
                movement;
                  ``(B) includes all activities related to--
                          ``(i) loading or unloading packaged or 
                        containerized hazardous material, such as 
                        portable tanks, cylinders, and intermediate 
                        bulk containers, onto a transport vehicle, rail 
                        car, aircraft, or vessel at its origin, during 
                        en route movement, or at its destination; or
                          ``(ii) loading or unloading a hazardous 
                        material into or from a bulk packaging with a 
                        capacity greater than 3,000 liters, such as a 
                        portable tank, cargo tank, or rail tank car, at 
                        its origin, during en route movement, or at its 
                        destination; and
                  ``(C) includes storage of a hazardous material from 
                the time the hazardous material is loaded for purposes 
                of movement until the hazardous material is unloaded at 
                its destination, including during en route movement.''.

SEC. 9006. GENERAL REGULATORY AUTHORITY.

  (a) Regulations for Safe Transportation.-- Section 5103(b)(1)(A) is 
amended--
          (1) in clause (vi) by striking ``or'' at the end;
          (2) by redesignating clause (vii) as clause (viii);
          (3) by inserting after clause (vi) the following:
                          ``(vii) provides hazardous material 
                        transportation emergency response information 
                        services required or governed by regulations 
                        prescribed under this chapter; or''; and
          (4) in clause (viii) (as redesignated by paragraph (2) of 
        this section) by striking ``(vi); and'' and inserting 
        ``(vii);''.
  (b) Fitness Determinations.--
          (1) In general.--Section 5103(b)(1) is amended--
                  (A) in subparagraph (B) by striking the period at the 
                end and inserting ``; and''; and
                  (B) by adding at the end the following:
          ``(C) shall govern the procedures and criteria used by the 
        Secretary for determining the fitness of a person applying for 
        an approval or a special permit under the regulations.''.
          (2) Regulation required.--In accordance with section 
        5103(b)(2) of title 49, United States Code, not later than 1 
        year after the date of enactment of this Act, the Secretary of 
        Transportation shall take all actions necessary to finalize a 
        regulation pursuant to section 5103(b)(1)(C) of such title.
  (c) Improving Regulations and Regulatory Review.--
          (1) In general.--Section 5103(b) is amended by adding at the 
        end the following:
  ``(3) Before any final regulation within the jurisdiction of the 
Secretary is issued, the Secretary shall make all preliminary and final 
determinations based on evidence and consider, in addition to other 
applicable considerations, the following:
          ``(A) The legal authority under which a rule may be proposed, 
        including whether a rulemaking is required by statute, and if 
        so, whether by a specific date, or whether the agency has 
        discretion to commence a rulemaking.
          ``(B) Other statutory considerations applicable to whether 
        the agency can or should propose a rule or undertake other 
        agency action.
          ``(C) The specific nature and significance of the problem the 
        agency may address with a rule (including the degree and nature 
        of risks the problem poses and the priority of addressing those 
        risks compared to other matters or activities within the 
        agency's jurisdiction), whether the problem warrants new agency 
        action, and the countervailing risks that may be posed by 
        alternatives for new agency action.
          ``(D) Whether existing rules have created or contributed to 
        the problem the agency may address with a rule and whether 
        those rules could be amended or rescinded to address the 
        problem in whole or part.
          ``(E) The best reasonably obtainable scientific, technical, 
        and other information related to the need for, and consequences 
        of, the rule.
          ``(F) The potential costs and benefits, including direct, 
        indirect, and cumulative costs and benefits and estimated 
        impacts on jobs, economic growth, innovation, and economic 
        competitiveness.
          ``(G) Means to increase the cost-effectiveness of any Federal 
        response.
          ``(H) Incentives for innovation, consistency, predictability, 
        lower costs of enforcement and compliance (to government 
        entities, regulated entities, and the public), and flexibility.
          ``(I) Any reasonable alternatives for a new rule or other 
        response identified by the agency or interested persons, 
        including not only responses that mandate particular conduct or 
        manners of compliance, but also--
                  ``(i) the alternative of no Federal response;
                  ``(ii) amending or rescinding existing rules;
                  ``(iii) potential regional, State, local, or tribal 
                regulatory action or other responses that could be 
                taken in lieu of agency action; and
                  ``(iv) potential responses that--
                          ``(I) specify performance objectives rather 
                        than conduct or manners of compliance;
                          ``(II) establish economic incentives to 
                        encourage desired behavior;
                          ``(III) provide information upon which 
                        choices can be made by the public; or
                          ``(IV) incorporate other innovative 
                        alternatives rather than agency actions that 
                        specify conduct or manners of compliance.
  ``(4) The Secretary shall solicit and take into consideration public 
comment on the subjects described in subparagraphs (A) through (I) of 
paragraph (3) before issuance of a final regulation described in 
paragraph (3).
  ``(5) The Secretary shall follow applicable rulemaking procedures 
under section 553 of title 5 before issuing a binding obligation 
applicable to recipients of Federal assistance. In this paragraph, the 
term `binding obligation' means a substantive policy statement, rule, 
or guidance document issued by the Secretary that grants rights, 
imposes obligations, produces significant effects on private interests, 
or effects a significant change in existing policy.''.
          (2) Effective date.--The amendment made by paragraph (1) of 
        this subsection shall apply to regulations for which the notice 
        of proposed rulemaking is published after the date of enactment 
        of this Act.
  (d) Incorporation by Reference.--Section 5103(b) is further amended 
by adding after paragraph (5) (as added by subsection (c)(1) of this 
section) the following:
  ``(6) In considering whether to incorporate by reference any 
publication in prescribing regulations, the Secretary shall--
          ``(A) consider--
                  ``(i) the cost of such publication;
                  ``(ii) the broadness of its applicability;
                  ``(iii) the cost imposed on the public in acquiring 
                such publication; and
                  ``(iv) other alternatives to incorporation by 
                reference; and
          ``(B) either incorporate by reference the publication or use 
        the alternative that meets the Department of Transportation's 
        safety objectives in the most cost-effective manner.''.

SEC. 9007. INSPECTIONS OF MOTOR VEHICLES TRANSPORTING RADIOACTIVE 
                    MATERIAL.

  Section 5105(d) is amended to read as follows:
  ``(d) Inspections of Motor Vehicles Transporting Certain Material.--
          ``(1) Requirement.--The Secretary shall require by regulation 
        that before each use of a motor vehicle to transport a highway-
        route-controlled quantity of radioactive material in commerce, 
        the vehicle shall be inspected and certified as complying with 
        this chapter and applicable United States motor carrier safety 
        laws and regulations.
          ``(2) Type of inspector.--In carrying out paragraph (1), the 
        Secretary may--
                  ``(A) require that the inspection be carried out by 
                an authorized United States Government inspector or 
                according to appropriate State procedures; or
                  ``(B) allow a person, transporting or causing to be 
                transported a highway-route-controlled quantity of 
                radioactive material, to inspect the motor vehicle used 
                to transport the material and to certify that the 
                vehicle complies with this chapter.
          ``(3) Qualification requirements.--An individual conducting 
        an inspection under paragraph (2)(B) shall be in compliance 
        with the inspector qualification requirements the Secretary 
        prescribes for an individual inspecting a motor vehicle.
          ``(4) Preemption.--Each State that a motor vehicle 
        transporting a highway-route-controlled quantity of radioactive 
        material in commerce enters shall recognize the inspection and 
        certification required by paragraph (1) and may not require a 
        new inspection at an equivalent level and certification except 
        as provided in paragraph (5).
          ``(5) Changed condition.--If an en route change to the 
        condition of the cargo, the driver, the motor vehicle, or the 
        operation of the motor vehicle invalidates the certification 
        under paragraph (1), the State where such change is discovered 
        may require a new inspection and certification under such 
        paragraph.''.

SEC. 9008. HAZMAT EMPLOYEE TRAINING REQUIREMENTS AND GRANTS.

  (a) Training Grants.--Section 5107 is amended--
          (1) by striking subsections (e) and (h); and
          (2) by redesignating subsections (f) and (g) as subsections 
        (e) and (f), respectively.
  (b) Safe Loading, Unloading, and Handling.--Section 5107(f)(2), as 
redesignated by subsection (a)(2) of this section, is amended by 
striking ``and section 5106''.

SEC. 9009. FEES.

  Section 5108(g)(2) is amended--
          (1) in subparagraph (A)--
                  (A) in the matter before clause (i) by striking ``be 
                at least $250 but not more than'' and inserting ``not 
                exceed''; and
                  (B) in clause (viii) by striking ``sections 
                5108(g)(2), 5115,'' and inserting ``this paragraph and 
                sections 5115''; and
          (2) by adding at the end the following:
  ``(D) In establishing and collecting a fee under subparagraph (A), 
the Secretary may not consider whether a person has or is likely to 
apply for a special permit or approval, nor is the Secretary authorized 
to establish a separate fee in order to apply for or receive a special 
permit or approval.''.

SEC. 9010. MOTOR CARRIER SAFETY PERMITS.

  (a) Applicable Transportation.--Section 5109(b)(1) is amended by 
striking ``class A or B'' and inserting ``division 1.1, 1.2, or 1.3''.
  (b) Offeror Responsibility.--The heading for subsection (f) of 
section 5109 is amended by striking ``Shipper'' and inserting 
``Offeror''.
  (c) Technical Amendment.--Section 5109 is amended by striking 
subsection (h).
  (d) Program Review and Report.--
          (1) Program review.--
                  (A) In general.--Not later than 9 months after the 
                date of enactment of this Act, the Secretary of 
                Transportation shall conduct a proceeding, using notice 
                and comment procedures in accordance with section 553 
                of title 5, United States Code, to examine the 
                implementation of the hazardous material safety permit 
                program established by section 5109 of title 49 of such 
                Code, including--
                          (i) safety concerns related to former permit 
                        holders that have re-applied for a permit after 
                        being out of the program for a year or longer; 
                        and
                          (ii) fairness of the program for carriers 
                        whose total number of inspections over the 
                        course of the fiscal year cycle may create a 
                        disadvantage.
                  (B) Consultation.--In carrying out subparagraph (A), 
                the Secretary shall consult with motor carriers, 
                persons offering hazardous material for transportation 
                in commerce, the Commercial Vehicle Safety Alliance, 
                and others that have direct experience with the 
                implementation of the program.
          (2) Report.--
                  (A) In general.--Not later than 1 year after the date 
                of enactment of this Act, the Secretary of 
                Transportation shall transmit to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Commerce, Science, 
                and Transportation of the Senate a report on the 
                implementation of the hazardous material safety permit 
                program established by section 5109 of title 49, United 
                States Code.
                  (B) Contents.--The report shall include--
                          (i) an identification of the number of 
                        permits that have been issued, denied, revoked, 
                        or suspended for each registration cycle since 
                        the inception of the program by the type of 
                        covered hazardous material transported;
                          (ii) an explanation of the reason for each 
                        denial, revocation, and suspension, including 
                        administrative denials, revocations, and 
                        suspensions;
                          (iii) a record and analysis of the types of 
                        implementation issues identified in the 
                        proceeding under paragraph (1)(A); and
                          (iv) a description of the Secretary's 
                        actions--
                                  (I) to simplify the permit 
                                application process;
                                  (II) to minimize the number of 
                                administrative denials, revocations, 
                                and suspensions;
                                  (III) to address the issues 
                                identified under clause (iii); and
                                  (IV) to ensure a consistent standard 
                                of safety fitness that does not 
                                fluctuate over time.
  (e) Regulation.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of Transportation shall take such actions as 
are necessary to ensure that regulations prescribed to carry out the 
program under section 5109 of title 49, United States Code, ensure a 
consistent standard of safety fitness that does not fluctuate over time 
and address issues identified in the proceeding in subsection 
(d)(1)(A).

SEC. 9011. PLANNING AND TRAINING GRANTS, MONITORING, AND REVIEW.

  (a) Training Grants.--Section 5116(b)(4) is amended--
          (1) in the matter preceding subparagraph (A)--
                  (A) by inserting ``and subsection (a)'' after ``this 
                subsection''; and
                  (B) by inserting ``planning and'' after ``emergency 
                response''; and
          (2) in subparagraph (E) by inserting ``and subsection (a)'' 
        before the period at the end.
  (b) Compliance With Certain Laws.--Section 5116(c) is amended to read 
as follows:
  ``(c) Compliance With Certain Law.--The Secretary may make a grant to 
a State or Indian tribe under this section in a fiscal year only if--
          ``(1) the State certifies that the State complies with 
        sections 301 and 303 of the Emergency Planning and Community 
        Right-To-Know Act of 1986 (42 U.S.C. 11001, 11003); and
          ``(2) the State or Indian tribe certifies to the Secretary 
        that such State or Indian tribe is in compliance with section 
        5125(f).''.
  (c) Supplemental Training Grants.--Section 5116(j) is amended--
          (1) in paragraph (1) by striking ``funds,'' and all that 
        follows through ``fighting fires for'' and inserting ``funds 
        and through a competitive process, make grants to national 
        nonprofit fire service organizations for'';
          (2) in paragraph (3)(A) by striking ``train'' and inserting 
        ``provide portable training for''; and
          (3) in paragraph (4)--
                  (A) by striking ``train'' and inserting ``provide 
                portable training for''; and
                  (B) by inserting after ``training courses shall'' the 
                following: ``comply with national consensus standards 
                for hazardous material response and''.
  (d) Reports.--Section 5116(k) is amended--
          (1) in the first sentence by striking ``planning grants'' and 
        all that follows through ``and under section 5107'' and 
        inserting ``grants allocated under subsections (a), (b), and 
        (j)'';
          (2) in the second sentence--
                  (A) by inserting ``planning and'' before ``training 
                grants''; and
                  (B) by inserting ``planning and'' before ``training 
                programs''.''.

SEC. 9012. SPECIAL PERMITS AND EXCLUSIONS.

  Section 5117 is amended--
          (1) in subsection (a)--
                  (A) by striking ``(a) Authority To Issue Special 
                Permits.--(1) As provided under procedures prescribed 
                by regulation,'' and inserting the following:
  ``(a) Authority To Issue Special Permits.--
          ``(1) In general.--As provided under procedures and criteria 
        prescribed by regulation in accordance with section 553 of 
        title 5,'';
                  (B) by inserting after paragraph (1) the following:
          ``(2) Requirements.--The Secretary shall ensure that the 
        procedures and criteria prescribed under paragraph (1) provide 
        adequate consistency, predictability, and transparency in 
        making the determinations to issue, modify, or terminate a 
        special permit.''; and
                  (C) by striking ``(2) A special permit'' and 
                inserting the following:
          ``(3) Effective period.--A special permit''; and
          (2) by adding at the end the following:
  ``(f) Limitation on Denial.--The Secretary may not deny an 
application for a modification or renewal of a special permit or an 
application for party status to an existing special permit for the sole 
reason that the applicant has a hazardous material out-of-service 
percentage of greater than the national average, according to the 
safety and fitness records maintained by the Federal Motor Carrier 
Safety Administration.
  ``(g) Incorporation Into Regulation.--
          ``(1) In general.--Not later than 1 year after the date on 
        which a special permit has been in continuous effect for a 6-
        year period, the Secretary shall develop and implement a 
        rulemaking pursuant to section 5103 to incorporate the special 
        permit into regulation if the special permit--
                  ``(A) concerns a matter of general applicability;
                  ``(B) has future effect; and
                  ``(C) is consistent with hazardous material safety.
          ``(2) Intent.--Nothing in paragraph (1) limits the Secretary 
        from incorporating a special permit into regulation at any time 
        before the deadline set by paragraph (1).
          ``(3) Older special permits.--Not later than 3 years after 
        the date of enactment of this subsection, the Secretary shall 
        finalize a rulemaking pursuant to section 5103 to incorporate 
        into regulation any special permit that concerns a matter of 
        general applicability, has future effect, is consistent with 
        hazardous material safety, and has been in continuous effect 
        for more than a 6-year period as of the date of enactment of 
        this subsection.''.

SEC. 9013. HAZARDOUS MATERIAL UNIFORM MOTOR CARRIER PERMIT PROGRAM.

  Section 5119 is amended by striking subsection (a) and all that 
follows through the end of the section and inserting the following:
  ``(a) Uniform Motor Carrier Permit Program Defined.--In this section, 
the term `Uniform Motor Carrier Permit Program' means the State-based, 
reciprocal program of uniform forms and procedures for registering and 
permitting persons who transport hazardous material by motor vehicle 
developed and recommended by the Alliance for Uniform Hazmat 
Transportation Procedures, including any superseding amendments or 
revisions adopted by the Secretary pursuant to subsection (b).
  ``(b) Regulations.--
          ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Hazardous Material Transportation Safety, 
        Efficiency, and Accountability Act of 2012, the Secretary shall 
        issue regulations to implement the Uniform Motor Carrier Permit 
        Program.
          ``(2) Revisions.--The Secretary may modify the regulations 
        issued under paragraph (1) only as necessary to promote safety, 
        efficiency, and uniformity.
  ``(c) Financial and Technical Assistance and Support.--
          ``(1) In general.--The Secretary may provide planning and 
        transition assistance to States to facilitate the adoption of 
        the Uniform Motor Carrier Permit Program.
          ``(2) Use of funds.--A State shall use assistance awarded 
        under this subsection only to transition existing State 
        registration and permitting programs to the Uniform Motor 
        Carrier Permit Program.
          ``(3) Termination of authority.--The authority to provide 
        assistance to States under this subsection shall terminate 6 
        years after the date of enactment of the Hazardous Material 
        Transportation Safety, Efficiency, and Accountability Act of 
        2012.
  ``(d) Cooperative Agreement.--The Secretary may enter into a 
cooperative agreement for outreach, data management, and other 
centralized functions supporting implementation of the Uniform Motor 
Carrier Permit Program.
  ``(e) Related Expenses.--For purposes of section 5125(f)(1), a fee 
used for a purpose related to transporting hazardous material may 
include the costs incurred in implementing and administering the 
Uniform Motor Carrier Permit Program, including the costs of 
establishing or modifying forms, procedures, and systems.
  ``(f) Transition of State Programs.--Not later than 6 years after the 
date of enactment of the Hazardous Material Transportation Safety, 
Efficiency, and Accountability Act of 2012, a State may enforce 
registration and permitting requirements for motor carriers that 
transport hazardous material in commerce only in accordance with the 
Uniform Motor Carrier Permit Program.
  ``(g) Limitation.--Nothing in this section shall define or limit the 
amount of a fee a State may impose or collect for registration and 
permitting.''.

SEC. 9014. INTERNATIONAL UNIFORMITY OF STANDARDS AND REQUIREMENTS.

  Section 5120 is amended--
          (1) in subsection (a) by striking ``State, the Secretary of 
        Transportation shall participate'' and inserting ``State and 
        the Secretary of Transportation, the Administrator of the 
        Pipelines and Hazardous Materials Safety Administration, or the 
        Administrator's designee, shall represent the United States and 
        serve as the United States competent authority''; and
          (2) in subsection (b)--
                  (A) by striking ``The Secretary'' and inserting ``The 
                Administrator''; and
                  (B) by striking ``sections 5103(b), 5104, 5110, and 
                5112 of this title'' and inserting ``this chapter''.

SEC. 9015. INVESTIGATIONS.

  (a) Inspections and Investigations.--Section 5121(c)(1) is amended--
          (1) in subparagraph (B) by striking ``may contain a hazardous 
        material;'' and inserting ``may contain an undeclared hazardous 
        material and such activity takes place at a properly equipped 
        facility designated by the Secretary for this purpose;'';
          (2) in subparagraph (C), in the matter preceding clause (i), 
        by striking ``or related packages'' and inserting ``suspected 
        of containing undeclared hazardous material'';
          (3) in subparagraph (E) by striking ``may order'' and all 
        that follows through ``; and'' and inserting ``may order the 
        offeror, after giving notice to the carrier, to have the 
        package transported to, opened, and the contents examined and 
        analyzed at a properly equipped facility designated by the 
        Secretary for this purpose;'';
          (4) in subparagraph (F) by striking the period at the end and 
        inserting ``; and''; and
          (5) by adding at the end the following:
                  ``(G) shall provide contemporaneous notice to the 
                affected offeror and carrier of its decision to 
                exercise its authority under subparagraph (B), (C), 
                (D), or (E).''.
  (b) Regulations.--
          (1) In general.--Section 5121(e) is amended to read as 
        follows:
  ``(e) Regulations.--To carry out subsections (c) and (d), the 
Secretary shall issue regulations in accordance with section 553 of 
title 5 that address, at a minimum, the following:
          ``(1) Avoidance of delay in the transportation of time-
        sensitive materials, such as medical products, perishables, and 
        other packages that are not the subject of the inspection.
          ``(2) Appropriate training and equipment for inspectors.
          ``(3) Restoration of the properly certified status of the 
        inspected package before resumption of transportation of that 
        package.
          ``(4) Consideration of the costs and damages that might occur 
        as a result of an inspection.''.
          (2) Regulation required.--In accordance with section 
        5103(b)(2) of title 49, United States Code, not later than 1 
        year after the date of enactment of this Act, the Secretary of 
        Transportation shall take all actions necessary to finalize a 
        regulation pursuant to section 5121(e) of such title.

SEC. 9016. BUILDING PARTNERSHIPS FOR IMPROVED SAFETY AND SYSTEM 
                    PERFORMANCE.

  Section 5121(g) is amended--
          (1) in paragraph (3) by striking ``or'' after the semicolon;
          (2) by redesignating paragraph (4) as paragraph (5); and
          (3) by inserting after paragraph (3) the following:
          ``(4) to work with State enforcement personnel with 
        information and training relating to the uniform enforcement of 
        the regulations governing the transportation of hazardous 
        material; or''.

SEC. 9017. SAFETY REPORTING.

  Section 5121(h) is amended--
          (1) in the heading by inserting ``Biennial'' before 
        ``Report'';
          (2) in the matter before paragraph (1) by striking 
        ``materials during'' and inserting ``material in all modes of 
        transportation during'';
          (3) by redesignating paragraphs (2) through (6) as paragraphs 
        (3) through (7), respectively;
          (4) by inserting after paragraph (1) the following:
          ``(2) a summary of the hazardous material transported during 
        the period covered by the report, set forth by the type and 
        quantity of hazardous material and by mode;'';
          (5) in paragraph (4), as redesignated by paragraph (3) of 
        this section, by striking ``permit'' and inserting ``permit 
        issued'';
          (6) in paragraph (5), as redesignated by paragraph (3) of 
        this section, by striking ``activities'' and inserting 
        ``activities, including activities conducted under subsections 
        (c) and (d),''; and
          (7) in paragraph (7), as redesignated by paragraph (3) of 
        this section, by striking ``appropriate legislation'' and 
        inserting ``legislative action that the Secretary considers 
        appropriate''.

SEC. 9018. CIVIL PENALTIES.

  (a) Penalty.--Section 5123(a) is amended--
          (1) in paragraph (1) by striking ``at least $250 but'';
          (2) by striking paragraph (3) and redesignating paragraph (4) 
        as paragraph (3); and
          (3) by adding at the end the following:
  ``(4) A carrier shall not be liable for violations of this chapter, 
or a regulation issued under this chapter, stemming from pre-
transportation functions, as defined in section 171.1 of title 49, Code 
of Federal Regulations, that are performed by another person unless the 
carrier has actual knowledge of a violation.''.
  (b) Penalty for Failure to Maintain Records, Reports, and 
Information.--Section 5123 is amended by adding at the end the 
following:
  ``(h) Penalty for Failure to Maintain Records, Reports, and 
Information.--The Secretary may impose a penalty on a person who fails 
to comply with section 5121(b).''.

SEC. 9019. PREEMPTION.

  (a) Burden on Commerce.--Section 5125(a) is amended--
          (1) in paragraph (1) by striking ``or'' after the semicolon;
          (2) in paragraph (2) by striking the period at the end and 
        inserting ``; or''; and
          (3) by adding at the end the following:
          ``(3) the requirement of the State, political subdivision, or 
        Indian tribe, as applied or enforced, is an unreasonable burden 
        on commerce.''.
  (b) Substantive Differences.--Section 5125(b)(1)(D) is amended by 
striking ``written''.
  (c) Route Registry.--Section 5125(c)(1) is amended by striking the 
period at the end and inserting ``and is published in the Department's 
hazardous material route registry under section 5112(c).''.
  (d) Fees.--Section 5125(f)(2) is amended by striking ``, upon the 
Secretary's request,'' and inserting ``biennially''.
  (e) Non-Federal Enforcement Standards.--Section 5125 is amended by 
striking subsection (h).
  (f) Conforming Change.--Section 5125 is further amended--
          (1) in subsections (d)(1) and (e) by striking ``or section 
        5119(f)''; and
          (2) in subsection (g) by striking ``, and in section 
        5119(f),''.

SEC. 9020. AUTHORIZATION OF APPROPRIATIONS.

  Section 5128 is amended to read as follows:

``Sec. 5128. Authorization of appropriations

  ``(a) In General.--In order to carry out this chapter (except 
sections 5108(g)(2), 5113, 5115, 5116, and 5119), there are authorized 
to be appropriated to the Secretary $39,000,000 for each of fiscal 
years 2012 through 2016.
  ``(b) Hazardous Material Emergency Preparedness Fund.--For each of 
the fiscal years 2012 through 2016, there shall be available to the 
Secretary, from the account established pursuant to section 5116(i), 
the following:
          ``(1) To carry out section 5115, $188,000.
          ``(2) To carry out subsections (a) and (b) of section 5116, 
        $21,800,000.
          ``(3) To carry out section 5116(f), $150,000.
          ``(4) To publish and distribute the Emergency Response 
        Guidebook under section 5116(j)(3), $625,000.
          ``(5) To carry out section 5116(j), $1,000,000.
  ``(c) Issuance of Hazmat Licenses.--There are authorized to be 
appropriated to the Secretary such amounts as may be necessary to carry 
out section 5103a.
  ``(d) Credits to Appropriations.--The Secretary may credit to any 
appropriation to carry out this chapter an amount received from a 
State, Indian tribe, or other public authority or private entity for 
expenses the Secretary incurs in providing training to the State, 
tribe, authority, or entity.
  ``(e) Uniform Forms and Procedures.--There are authorized to be 
appropriated to the Secretary $1,000,000 to carry out section 5119. 
This amount shall remain available to be expended by the Secretary for 
the 6-year period that begins on the date of enactment of this section.
  ``(f) Availability of Amounts.--Amounts made available by or under 
this section, except for the amount under subsection (e), shall remain 
available until expended.''.

SEC. 9021. ELECTRONIC SHIPPING PAPERS PILOT PROGRAM.

  (a) In General.--The Secretary of Transportation shall establish 
pilot projects, at least one of which shall be in a rural area, to 
evaluate the feasibility and cost effectiveness of electronic shipping 
paper systems that facilitate the exchange of shipping paper 
information between offerors of hazardous material under chapter 51 of 
title 49, United States Code, carriers, and emergency responders.
  (b) Report.--
          (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary shall transmit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the results of the 
        pilot projects carried out under this section.
          (2) Contents.--The report shall contain, at a minimum--
                  (A) an evaluation of each pilot project, including an 
                evaluation of the impacts on safety and the performance 
                of each system evaluated under that project and a cost-
                benefit analysis for each mode of transportation; and
                  (B) based on the results of the cost-benefit 
                analyses, a recommendation on whether electronic 
                shipping papers systems described in subsection (a) 
                should be incorporated into the Federal hazardous 
                material safety program under chapter 51 of title 49, 
                United States Code, on a permanent basis.

SEC. 9022. WETLINES.

  (a) Study.--
          (1) In general.--The Secretary of Transportation shall enter 
        into an arrangement with an objective non-profit organization 
        to conduct a peer-reviewed study of the transportation of 
        flammable liquids in the external product piping of cargo tank 
        motor vehicles (commonly referred to as ``wetlines'').
          (2) Contents.--The study shall--
                  (A) accurately quantify the number of wetlines 
                incidents over a 10-year period;
                  (B) identify various alternatives to loading and 
                transporting flammable liquids in cargo tank wetlines;
                  (C) examine the costs and benefits of each 
                alternative; and
                  (D) identify existing obstacles to implementing each 
                alternative.
          (3) Transmittal.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall transmit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a copy of the study.
  (b) Regulatory Restriction.--The Secretary may not issue a final rule 
regulating the transportation of flammable liquids in the external 
product piping of cargo tank motor vehicles.

SEC. 9023. PRODUCT STUDY.

  (a) In General.--The Secretary shall conduct a study on whether it is 
necessary to continue to designate any amount or form of finished 
pharmaceutical, finished cosmetic, or similar product containing ethyl 
alcohol as a hazardous material under section 5103(a) of title 49, 
United States Code.
  (b) Contents.--The study conducted under subsection (a) shall 
include, at a minimum--
          (1) an evaluation of the history, severity, and costs of any 
        incidents in transporting such products;
          (2) an evaluation of the risk posed by such products in 
        commercial packaging in current use in transportation and the 
        risk associated in transporting the products without any 
        specific packaging required by any applicable special permit or 
        regulation;
          (3) the costs to the industry of designating the products as 
        hazardous material, including the cost of regulation, as 
        compared with the costs of incidents that have occurred or are 
        probable with regard to the products; and
          (4) a summary of comments from industry stakeholders and the 
        public on whether there is a need for continued designation of 
        such products as hazardous material.
  (c) Transmittal.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall transmit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the study conducted under subsection (a) and 
any proposed actions to be taken by the Secretary resulting from the 
study.

                   TITLE X--WATERBORNE TRANSPORTATION

SEC. 10001. SENSE OF CONGRESS ON HARBOR MAINTENANCE.

  (a) Findings.--Congress finds the following:
          (1) There are 926 ports served by federally maintained 
        channels which handle more than 2.2 billion tons of cargo 
        annually, and this figure is expected to increase.
          (2) More than $1.1 trillion in foreign commerce enters the 
        United States through the Nation's ports annually, and this 
        figure is expected to increase.
          (3) Expansion of the Panama Canal system in Central America 
        will likely be completed in 2014, and this will present 
        opportunities and challenges for the Nation's economic well-
        being.
          (4) Insufficient maintenance dredging of the Nation's 
        navigation channels results in inefficient water transportation 
        and harmful economic consequences.
          (5) In 1986, Congress created the Harbor Maintenance Trust 
        Fund to provide funds for the operation and maintenance of the 
        Nation's navigation channels.
          (6) The fiscal year 2011, Harbor Maintenance Trust Fund 
        equity grew by 13.7 percent from fiscal year 2010 (to $6.42 
        billion) and total annual receipts increased 17.3 percent (to 
        $1.6 billion).
          (7) Despite growth of the Harbor Maintenance Trust Fund, 
        expenditures from the Harbor Maintenance Trust Fund continue to 
        decline.
          (8) Despite growth of the Harbor Maintenance Trust Fund, 
        federally maintained channels are only at their authorized 
        widths or depths 35 percent of the time, thereby restricting 
        access to the Nation's ports for both imports and exports.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) the Harbor Maintenance Trust Fund is not being used for 
        its intended purpose and charging maritime commerce a harbor 
        maintenance tax while failing to provide the service for which 
        it was established is unfair and places the Nation at economic 
        risk;
          (2) the Administration should request full use of the Harbor 
        Maintenance Trust Fund for operating and maintaining the 
        Nation's navigation system; and
          (3) Congress should fully expend the amounts in the Harbor 
        Maintenance Trust Fund to operate and maintain the Nation's 
        navigation system.

SEC. 10002. STUDY AND REPORT ON STRATEGIC PORTS.

  (a) Study Requirement.--The Secretary shall conduct a study on 
infrastructure facility requirements, road and highway improvements, 
rail connections, and other multimodal transportation capacity 
requirements necessary to achieve the following goals with respect to 
strategic ports:
          (1) Provide greater access to port facilities.
          (2) Reduce congestion.
          (3) Improve the movement of goods.
          (4) Increase productivity.
          (5) Enhance maritime security.
  (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall submit to Congress a report on the 
results of the study conducted under subsection (a), with such 
recommendations as the Secretary considers necessary to achieve the 
goals listed in that subsection.
  (c) Strategic Port Defined.--In this section, the term ``strategic 
port'' means a United States port designated by the Secretary and the 
Secretary of Defense as a significant transportation hub important to 
the readiness and cargo throughput capacity of the Department of 
Defense.

TITLE XI--REAUTHORIZATION AND AMENDMENTS TO THE SPORT FISH RESTORATION 
                         AND BOATING TRUST FUND

SEC. 11001. SHORT TITLE.

  This title may be cited as the ``Sportfishing and Recreational 
Boating Safety Act of 2012''.

SEC. 11002. REAUTHORIZATION AND AMENDMENTS TO THE SPORT FISH 
                    RESTORATION AND BOATING TRUST FUND.

  (a) Dingell-Johnson Sport Fish Restoration Act.--Section 4 of the 
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is 
amended--
          (1) in subsection (a) in the matter preceding paragraph (1), 
        by striking ``For each of'' and all that follows through ``the 
        balance of each annual'' and inserting ``For each fiscal year 
        through fiscal year 2016, the balance of each annual'';
          (2) in subsection (b)(1)(A), by striking ``From the annual'' 
        and all that follows through ``the Secretary'' and inserting 
        ``From the annual appropriation made in accordance with section 
        3 for each fiscal year through fiscal year 2016, the 
        Secretary''; and
          (3) by striking subsection (b)(1)(B) and inserting the 
        following:
                  ``(B) Available amounts.--The available amount 
                referred to in subparagraph (A) is, for each fiscal 
                year, the sum of--
                          ``(i) the available amount for the preceding 
                        fiscal year; and
                          ``(ii) the amount determined by multiplying--
                                  ``(I) the available amount for the 
                                preceding fiscal year; and
                                  ``(II) the change, relative to the 
                                preceding fiscal year, in the Consumer 
                                Price Index for All Urban Consumers 
                                published by the Department of 
                                Labor.''.
  (b) Extension of Expenditure Authority From the Sport Fish 
Restoration and Boating Trust Fund.--Section 9504 of the Internal 
Revenue Code of 1986 is amended--
          (1) in subsection (b)(2), by striking ``(as in effect on'' 
        each place it appears and all that follows through the next 
        closed parenthesis and inserting ``(as in effect on the date of 
        enactment of the Sportfishing and Recreational Boating Safety 
        Act of 2012)'', and
          (2) in subsection (d)(2), by striking ``before'' and all that 
        follows through ``in accordance'' and inserting ``before 
        October 1, 2016, in accordance''.
  (c) Authorization of Appropriations.--Chapter 131 of title 46, United 
States Code, is amended--
          (1) in section 13107(a)(2), by striking ``two'' and inserting 
        ``1.5''; and
          (2) in section 13107(c), by striking so much as precedes 
        paragraph (2) and inserting the following:
  ``(c)(1) Of the amount transferred to the Secretary under section 
4(a)(2) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 
777c(a)(2))--
          ``(A) $6,000,000 is available to the Secretary for the 
        payment of expenses of the Coast Guard for personnel and 
        activities directly related to coordinating and carrying out 
        the national recreational boating safety program under this 
        title, of which not less than $2,000,000 shall be available to 
        the Secretary only to ensure compliance with chapter 43 of this 
        title; and
          ``(B) $100,000 is available to fund the activities of the 
        National Boating Safety Advisory Council established under this 
        chapter.''.

        TITLE XII--EXTENSION OF SURFACE TRANSPORTATION PROGRAMS

SEC. 12001. SHORT TITLE; EFFECTIVE DATE.

  (a) Short Title.--This title may be cited as the ``Surface 
Transportation Extension Act of 2012''.
  (b) Effective Date.--The amendments made by this title take effect on 
April 1, 2012.

                    Subtitle A--Federal-Aid Highways

SEC. 12101. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.

  (a) In General.--Section 111 of the Surface Transportation Extension 
Act of 2011, Part II (Public Law 112-30; 125 Stat. 343) is amended--
          (1) by striking ``the period beginning on October 1, 2011, 
        and ending on March 31, 2012,'' each place it appears and 
        inserting ``fiscal year 2012'';
          (2) by striking ``\1/2\ of'' each place it appears; and
          (3) in subsection (a) by striking ``March 31, 2012'' and 
        inserting ``September 30, 2012''.
  (b) Use of Funds.--Section 111(c) of the Surface Transportation 
Extension Act of 2011, Part II (125 Stat. 343) is amended--
          (1) in paragraph (3)--
                  (A) in subparagraph (A) by striking ``, except that 
                during such period'' and all that follows before the 
                period at the end; and
                  (B) in subparagraph (B)(ii) by striking 
                ``$319,500,000'' and inserting ``$639,000,000''; and
          (2) by striking paragraph (4).
  (c) Extension of Authorizations Under Title V of SAFETEA-LU.--Section 
111(e)(2) of the Surface Transportation Extension Act of 2011, Part II 
(125 Stat. 343) is amended by striking ``the period beginning on 
October 1, 2011, and ending on March 31, 2012.'' and inserting ``fiscal 
year 2012.''.
  (d) Administrative Expenses.--Section 112(a) of the Surface 
Transportation Extension Act of 2011, Part II (125 Stat. 346) is 
amended by striking ``$196,427,625 for the period beginning on October 
1, 2011, and ending on March 31, 2012.'' and inserting ``$392,855,250 
for fiscal year 2012.''.

            Subtitle B--Extension of Highway Safety Programs

SEC. 12201. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
                    HIGHWAY SAFETY PROGRAMS.

  (a) Chapter 4 Highway Safety Programs.--Section 2001(a)(1) of 
SAFETEA-LU (119 Stat. 1519) is amended by striking ``$235,000,000 for 
fiscal year 2009'' and all that follows through the period at the end 
and inserting ``and $235,000,000 for each of fiscal years 2009 through 
2012.''.
  (b) Highway Safety Research and Development.--Section 2001(a)(2) of 
SAFETEA-LU (119 Stat. 1519) is amended by striking ``$108,244,000 for 
fiscal year 2011'' and all that follows through the period at the end 
and inserting ``and $108,244,000 for each of fiscal years 2011 and 
2012.''.
  (c) Occupant Protection Incentive Grants.--Section 2001(a)(3) of 
SAFETEA-LU (119 Stat. 1519) is amended by striking ``, $25,000,000 for 
fiscal year 2006'' and all that follows through the period at the end 
and inserting ``and $25,000,000 for each of fiscal years 2006 through 
2012.''.
  (d) Safety Belt Performance Grants.--Section 2001(a)(4) of SAFETEA-LU 
(119 Stat. 1519) is amended by striking ``and $24,250,000 for the 
period beginning on October 1, 2011, and ending on March 31, 2012.'' 
and inserting ``and $48,500,000 for fiscal year 2012.''.
  (e) State Traffic Safety Information System Improvements.--Section 
2001(a)(5) of SAFETEA-LU (119 Stat. 1519) is amended by striking ``for 
fiscal year 2006'' and all that follows through the period at the end 
and inserting ``for each of fiscal years 2006 through 2012.''.
  (f) Alcohol-Impaired Driving Countermeasures Incentive Grant 
Program.--Section 2001(a)(6) of SAFETEA-LU (119 Stat. 1519) is amended 
by striking ``$139,000,000 for fiscal year 2009'' and all that follows 
through the period at the end and inserting ``and $139,000,000 for each 
of fiscal years fiscal years 2009 through 2012.''.
  (g) National Driver Register.--Section 2001(a)(7) of SAFETEA-LU (119 
Stat. 1520) is amended by striking ``and $2,058,000 for the period 
beginning on October 1, 2011, and ending on March 31, 2012.'' and 
inserting ``and $4,000,000 for fiscal year 2012.''.
  (h) High Visibility Enforcement Program.--Section 2001(a)(8) of 
SAFETEA-LU (119 Stat. 1520) is amended by striking ``for fiscal year 
2006'' and all that follows through the period at the end and inserting 
``for each of fiscal years 2006 through 2012.''.
  (i) Motorcyclist Safety.--Section 2001(a)(9) of SAFETEA-LU (119 Stat. 
1520) is amended by striking ``$7,000,000 for fiscal year 2009'' and 
all that follows through the period at the end and inserting ``and 
$7,000,000 for each of fiscal years 2009 through 2012.''.
  (j) Child Safety and Child Booster Seat Safety Incentive Grants.--
Section 2001(a)(10) of SAFETEA-LU (119 Stat. 1520) is amended by 
striking ``$7,000,000 for fiscal year 2009'' and all that follows 
through the period at the end and inserting ``and $7,000,000 for each 
of fiscal years 2009 through 2012.''.
  (k) Administrative Expenses.--Section 2001(a)(11) of SAFETEA-LU (119 
Stat. 1520) is amended by striking ``$25,328,000 for fiscal year 2011'' 
and all that follows through the period at the end and inserting ``and 
$25,328,000 for each of fiscal years 2011 and 2012.''.

SEC. 12202. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 
                    PROGRAMS.

  (a) Motor Carrier Safety Grants.--Section 31104(a)(8) of title 49, 
United States Code, is amended to read as follows:
          ``(8) $212,000,000 for fiscal year 2012.''.
  (b) Administrative Expenses.--Section 31104(i)(1)(H) of title 49, 
United States Code, is amended to read as follows:
                  ``(H) $244,144,000 for fiscal year 2012.''.
  (c) Grant Programs.--Section 4101(c) of SAFETEA-LU (119 Stat. 1715) 
is amended--
          (1) in paragraph (1) by striking ``and $15,000,000 for the 
        period beginning on October 1, 2011, and ending on March 31, 
        2012.'' and inserting ``and $30,000,000 for fiscal year 
        2012.'';
          (2) in paragraph (2) by striking ``2011 and $16,000,000 for 
        the period beginning on October 1, 2011, and ending on March 
        31, 2012.'' and inserting ``2012.'';
          (3) in paragraph (3) by striking ``2011 and $2,500,000 for 
        the period beginning on October 1, 2011, and ending on March 
        31, 2012.'' and inserting ``2012.'';
          (4) in paragraph (4) by striking ``2011 and $12,500,000 for 
        the period beginning on October 1, 2011, and ending on March 
        31, 2012.'' and inserting ``2012.''; and
          (5) in paragraph (5) by striking ``2011 and $1,500,000 for 
        the period beginning on October 1, 2011, and ending on March 
        31, 2012.'' and inserting ``2012.''.
  (d) High-Priority Activities.--Section 31104(k)(2) of title 49, 
United States Code, is amended by striking ``2011 and $7,500,000 for 
the period beginning on October 1, 2011, and ending on March 31, 
2012,'' and inserting ``2012''.
  (e) New Entrant Audits.--Section 31144(g)(5)(B) of title 49, United 
States Code, is amended by striking ``and up to $14,500,000 for the 
period beginning on October 1, 2011, and ending on March 31, 2012,''.
  (f) Outreach and Education.--Section 4127(e) of SAFETEA-LU (119 Stat. 
1741) is amended by striking ``and 2011 (and $500,000 to the Federal 
Motor Carrier Safety Administration, and $1,500,000 to the National 
Highway Traffic Safety Administration, for the period beginning on 
October 1, 2011, and ending on March 31, 2012)'' and inserting ``2011, 
and 2012''.
  (g) Grant Program for Commercial Motor Vehicle Operators.--Section 
4134(c) of SAFETEA-LU (119 Stat. 1744) is amended by striking ``2011 
and $500,000 for the period beginning on October 1, 2011, and ending on 
March 31, 2012,'' and inserting ``2012''.
  (h) Motor Carrier Safety Advisory Committee.--Section 4144(d) of 
SAFETEA-LU (119 Stat. 1748) is amended by striking ``March 31, 2012'' 
and inserting ``September 30, 2012''.
  (i) Working Group for Development of Practices and Procedures To 
Enhance Federal-State Relations.--Section 4213(d) of SAFETEA-LU (49 
U.S.C. 14710 note; 119 Stat. 1759) is amended by striking ``March 31, 
2012'' and inserting ``September 30, 2012''.

SEC. 12203. ADDITIONAL PROGRAMS.

  (a) Hazardous Materials Research Projects.--Section 7131(c) of 
SAFETEA-LU (119 Stat. 1910) is amended by striking ``2011 and $580,000 
for the period beginning on October 1, 2011, and ending on March 31, 
2012,'' and inserting ``2012''.
  (b) Dingell-Johnson Sport Fish Restoration Act.--Section 4 of the 
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is 
amended--
          (1) in subsection (a) by striking ``2011 and for the period 
        beginning on October 1, 2011, and ending on March 31, 2012,'' 
        and inserting ``2012,''; and
          (2) in the first sentence of subsection (b)(1)(A) by striking 
        ``2011 and for the period beginning on October 1, 2011, and 
        ending on March 31, 2012,'' and inserting ``2012,''.

               Subtitle C--Public Transportation Programs

SEC. 12301. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS.

  Section 5305(g) of title 49, United States Code, is amended by 
striking ``2011 and for the period beginning on October 1, 2011, and 
ending on March 31, 2012'' and inserting ``2012''.

SEC. 12302. SPECIAL RULE FOR URBANIZED AREA FORMULA GRANTS.

  Section 5307(b)(2) of title 49, United States Code, is amended--
          (1) by striking the paragraph heading and inserting ``Special 
        rule for fiscal years 2005 through 2012.--'';
          (2) in subparagraph (A) by striking ``2011 and the period 
        beginning on October 1, 2011, and ending on March 31, 2012,'' 
        and inserting ``2012,'' ; and
          (3) in subparagraph (E)--
                  (A) by striking the subparagraph heading and 
                inserting ``Maximum amounts in fiscal years 2008 
                through 2012.--''; and
                  (B) in the matter preceding clause (i) by striking 
                ``2011 and during the period beginning on October 1, 
                2011, and ending on March 31, 2012'' and inserting 
                ``2012''.

SEC. 12303. ALLOCATING AMOUNTS FOR CAPITAL INVESTMENT GRANTS.

  Section 5309(m) of title 49, United States Code, is amended--
          (1) in paragraph (2)--
                  (A) by striking the paragraph heading and inserting 
                ``Fiscal years 2006 through 2012.--'';
                  (B) in the matter preceding subparagraph (A) by 
                striking ``2011 and the period beginning on October 1, 
                2011, and ending on March 31, 2012,'' and inserting 
                ``2012''; and
                  (C) in subparagraph (A)(i) by striking ``2011 and 
                $100,000,000 for the period beginning on October 1, 
                2011, and ending on March 31, 2012,'' and inserting 
                ``2012'';
          (2) in paragraph (6)--
                  (A) in subparagraph (B) by striking ``2011 and 
                $7,500,000 shall be available for the period beginning 
                on October 1, 2011, and ending on March 31, 2012,'' and 
                inserting ``2012''; and
                  (B) in subparagraph (C) by striking ``2011 and 
                $2,500,000 shall be available for the period beginning 
                on October 1, 2011, and ending on March 31, 2012,'' and 
                inserting ``2012''; and
          (3) in paragraph (7)--
                  (A) in subparagraph (A)--
                          (i) in the matter preceding clause (i)--
                                  (I) in the first sentence by striking 
                                ``2011 and $5,000,000 shall be 
                                available for the period beginning on 
                                October 1, 2011, and ending on March 
                                31, 2012,'' and inserting ``2012''; and
                                  (II) in the second sentence by 
                                inserting ``each fiscal year'' before 
                                the colon;
                          (ii) in clause (i) by striking ``for each 
                        fiscal year and $1,250,000 for the period 
                        beginning on October 1, 2011, and ending on 
                        March 31, 2012,'';
                          (iii) in clause (ii) by striking ``for each 
                        fiscal year and $1,250,000 for the period 
                        beginning on October 1, 2011, and ending on 
                        March 31, 2012,'';
                          (iv) in clause (iii) by striking ``for each 
                        fiscal year and $500,000 for the period 
                        beginning on October 1, 2011, and ending on 
                        March 31, 2012,'';
                          (v) in clause (iv) by striking ``for each 
                        fiscal year and $500,000 for the period 
                        beginning on October 1, 2011, and ending on 
                        March 31, 2012,'';
                          (vi) in clause (v) by striking ``for each 
                        fiscal year and $500,000 for the period 
                        beginning on October 1, 2011, and ending on 
                        March 31, 2012,'';
                          (vii) in clause (vi) by striking ``for each 
                        fiscal year and $500,000 for the period 
                        beginning on October 1, 2011, and ending on 
                        March 31, 2012,'';
                          (viii) in clause (vii) by striking ``for each 
                        fiscal year and $325,000 for the period 
                        beginning on October 1, 2011, and ending on 
                        March 31, 2012,''; and
                          (ix) in clause (viii) by striking ``for each 
                        fiscal year and $175,000 for the period 
                        beginning on October 1, 2011, and ending on 
                        March 31, 2012,'';
                  (B) in subparagraph (B) by striking clause (vii) and 
                inserting the following:
                          ``(vii) $13,500,000 for fiscal year 2012.'';
                  (C) in subparagraph (C) by striking ``and during the 
                period beginning on October 1, 2011, and ending on 
                March 31, 2012,'';
                  (D) in subparagraph (D) by striking ``and not less 
                than $17,500,000 shall be available for the period 
                beginning on October 1, 2011, and ending on March 31, 
                2012,''; and
                  (E) in subparagraph (E) by striking ``and $1,500,000 
                shall be available for the period beginning on October 
                1, 2011, and ending on March 31, 2012,''.

SEC. 12304. APPORTIONMENT OF FORMULA GRANTS FOR OTHER THAN URBANIZED 
                    AREAS.

  Section 5311(c)(1)(G) of title 49, United States Code, is amended to 
read as follows:
                  ``(G) $15,000,000 for fiscal year 2012.''.

SEC. 12305. APPORTIONMENT BASED ON FIXED GUIDEWAY FACTORS.

  Section 5337 of title 49, United States Code, is amended by striking 
subsection (g).

SEC. 12306. AUTHORIZATIONS FOR PUBLIC TRANSPORTATION.

  (a) Formula and Bus Grants.--Section 5338(b) of title 49, United 
States Code, is amended--
          (1) in paragraph (1) by striking subparagraph (G) and 
        inserting the following:
                  ``(G) $8,360,565,000 for fiscal year 2012.''; and
          (2) in paragraph (2)--
                  (A) in subparagraph (A) by striking ``$113,500,000 
                for each of fiscal years 2009 and 2010, $113,500,000 
                for fiscal year 2011, and $56,750,000 for the period 
                beginning on October 1, 2011, and ending on March 31, 
                2012,'' and inserting ``and $113,500,000 for each of 
                fiscal years 2009 through 2012'';
                  (B) in subparagraph (B) by striking ``$4,160,365,000 
                for each of fiscal years 2009 and 2010, $4,160,365,000 
                for fiscal year 2011, and $2,080,182,500 for the period 
                beginning on October 1, 2011, and ending on March 31, 
                2012,'' and inserting ``and $4,160,365,000 for each of 
                fiscal years 2009 through 2012'';
                  (C) in subparagraph (C) by striking ``$51,500,000 for 
                each of fiscal years 2009 and 2010, $51,500,000 for 
                fiscal year 2011, and $25,750,000 for the period 
                beginning on October 1, 2011, and ending on March 31, 
                2012,'' and inserting ``and $51,500,000 for each of 
                fiscal years 2009 through 2012'';
                  (D) in subparagraph (D) by striking ``$1,666,500,000 
                for each of fiscal years 2009 and 2010, $1,666,500,000 
                for fiscal year 2011, and $833,250,000 for the period 
                beginning on October 1, 2011, and ending on March 31, 
                2012,'' and inserting ``and $1,666,500,000 for each of 
                fiscal years 2009 through 2012'';
                  (E) in subparagraph (E) by striking ``$984,000,000 
                for each of fiscal years 2009 and 2010, $984,000,000 
                for fiscal year 2011, and $492,000,000 for the period 
                beginning on October 1, 2011, and ending on March 31, 
                2012,'' and inserting ``and $984,000,000 for each of 
                fiscal years 2009 through 2012'';
                  (F) in subparagraph (F) by striking ``$133,500,000 
                for each of fiscal years 2009 and 2010, $133,500,000 
                for fiscal year 2011, and $66,750,000 for the period 
                beginning on October 1, 2011, and ending on March 31, 
                2012,'' and inserting ``and $133,500,000 for each of 
                fiscal years 2009 through 2012'';
                  (G) in subparagraph (G) by striking ``$465,000,000 
                for each of fiscal years 2009 and 2010, $465,000,000 
                for fiscal year 2011, and $232,500,000 for the period 
                beginning on October 1, 2011, and ending on March 31, 
                2012,'' and inserting ``and $465,000,000 for each of 
                fiscal years 2009 through 2012'';
                  (H) in subparagraph (H) by striking ``$164,500,000 
                for each of fiscal years 2009 and 2010, $164,500,000 
                for fiscal year 2011, and $82,250,000 for the period 
                beginning on October 1, 2011, and ending on March 31, 
                2012,'' and inserting ``and $164,500,000 for each of 
                fiscal years 2009 through 2012'';
                  (I) in subparagraph (I) by striking ``$92,500,000 for 
                each of fiscal years 2009 and 2010, $92,500,000 for 
                fiscal year 2011, and $46,250,000 for the period 
                beginning on October 1, 2011, and ending on March 31, 
                2012,'' and inserting ``and $92,500,000 for each of 
                fiscal years 2009 through 2012'';
                  (J) in subparagraph (J) by striking ``$26,900,000 for 
                each of fiscal years 2009 and 2010, $26,900,000 for 
                fiscal year 2011, and $13,450,000 for the period 
                beginning on October 1, 2011, and ending on March 31, 
                2012,'' and inserting ``and $26,900,000 for each of 
                fiscal years 2009 through 2012'';
                  (K) in subparagraph (K) by striking ``in fiscal year 
                2006'' and all that follows through ``March 31, 2012,'' 
                and inserting ``for each of fiscal years 2006 through 
                2012'';
                  (L) in subparagraph (L) by striking ``in fiscal year 
                2006'' and all that follows through ``March 31, 2012,'' 
                and inserting ``for each of fiscal years 2006 through 
                2012'';
                  (M) in subparagraph (M) by striking ``$465,000,000 
                for each of fiscal years 2009 and 2010, $465,000,000 
                for fiscal year 2011, and $232,500,000 for the period 
                beginning on October 1, 2011, and ending on March 31, 
                2012,'' and inserting ``and $465,000,000 for each of 
                fiscal years 2009 through 2012''; and
                  (N) in subparagraph (N) by striking ``$8,800,000 for 
                each of fiscal years 2009 and 2010, $8,800,000 for 
                fiscal year 2011, and $4,400,000 for the period 
                beginning on October 1, 2011, and ending on March 31, 
                2012,'' and inserting ``and $8,800,000 for each of 
                fiscal years 2009 through 2012''.
  (b) Capital Investment Grants.--Section 5338(c)(7) of title 49, 
United States Code, is amended to read as follows:
          ``(7) $1,600,000,000 for fiscal year 2012.''.
  (c) Research and University Research Centers.--Section 5338(d) of 
title 49, United States Code, is amended--
          (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``and 2010, $69,750,000 for fiscal year 2011, 
        and $29,500,000 for the period beginning on October 1, 2011, 
        and ending on March 31, 2012,'' and inserting ``through 2011 
        and $44,000,000 for fiscal year 2012''; and
          (2) by striking paragraph (3) and inserting the following:
          ``(3) Additional authorizations.--
                  ``(A) Research.--Of amounts authorized to be 
                appropriated under paragraph (1) for fiscal year 2012, 
                the Secretary shall allocate for each of the activities 
                and projects described in subparagraphs (A) through (F) 
                of paragraph (1) an amount equal to 63 percent of the 
                amount allocated for fiscal year 2009 under each such 
                subparagraph.
                  ``(B) University centers program.--
                          ``(i) Fiscal year 2012.--Of the amounts 
                        allocated under subparagraph (A)(i) for the 
                        university centers program under section 5506 
                        for fiscal year 2012, the Secretary shall 
                        allocate for each program described in clauses 
                        (i) through (iii) and (v) through (viii) of 
                        paragraph (2)(A) an amount equal to 63 percent 
                        of the amount allocated for fiscal year 2009 
                        under each such clause.
                          ``(ii) Funding.--If the Secretary determines 
                        that a project or activity described in 
                        paragraph (2) received sufficient funds in 
                        fiscal year 2011, or a previous fiscal year, to 
                        carry out the purpose for which the project or 
                        activity was authorized, the Secretary may not 
                        allocate any amounts under clause (i) for the 
                        project or activity for fiscal year 2012 or any 
                        subsequent fiscal year.''.
  (d) Administration.--Section 5338(e)(7) of title 49, United States 
Code, is amended to read as follows:
          ``(7) $98,713,000 for fiscal year 2012.''.

SEC. 12307. AMENDMENTS TO SAFETEA-LU.

  (a) Contracted Paratransit Pilot.--Section 3009(i)(1) of SAFETEA-LU 
(119 Stat. 1572) is amended by striking ``2011 and the period beginning 
on October 1, 2011, and ending on March 31, 2012,'' and inserting 
``2012,''.
  (b) Public-Private Partnership Pilot Program.--Section 3011 of 
SAFETEA-LU (49 U.S.C. 5309 note; 119 Stat. 1588) is amended--
          (1) in subsection (c)(5) by striking ``2011 and the period 
        beginning on October 1, 2011, and ending on March 31, 2012'' 
        and inserting ``2012''; and
          (2) in the second sentence of subsection (d) by striking 
        ``2011 and the period beginning on October 1, 2011, and ending 
        on March 31, 2012,'' and inserting ``2012''.
  (c) Elderly Individuals and Individuals With Disabilities Pilot 
Program.--Section 3012(b)(8) of SAFETEA-LU (49 U.S.C. 5310 note; 119 
Stat. 1593) is amended by striking ``March 31, 2012'' and inserting 
``September 30, 2012''.
  (d) Obligation Ceiling.--Section 3040(8) of SAFETEA-LU (119 Stat. 
1639) is amended to read as follows:
          ``(8) $10,458,278,000 for fiscal year 2012, of which not more 
        than $8,360,565,000 shall be from the Mass Transit Account.''.
  (e) Project Authorizations for New Fixed Guideway Capital Projects.--
Section 3043 of SAFETEA-LU (119 Stat. 1640) is amended--
          (1) in subsection (b), in the matter preceding paragraph (1), 
        by striking ``2011 and the period beginning on October 1, 2011, 
        and ending on March 31, 2012,'' and inserting ``2012''; and
          (2) in subsection (c), in the matter preceding paragraph (1), 
        by striking ``2011 and the period beginning on October 1, 2011, 
        and ending on March 31, 2012,'' and inserting ``2012''.
  (f) Allocations for National Research and Technology Programs.--
Section 3046 of SAFETEA-LU (49 U.S.C. 5338 note; 119 Stat. 1706) is 
amended--
          (1) in subsection (b) by striking ``fiscal year or period'' 
        and inserting ``fiscal year''; and
          (2) by striking subsection (c)(2) and inserting the 
        following:
          ``(2) for fiscal year 2012, in amounts equal to 63 percent of 
        the amounts allocated for fiscal year 2009 under each of 
        paragraphs (2), (3), (5), and (8) through (25) of subsection 
        (a).''.

            TITLE XIII--ADDITIONAL TRANSPORTATION PROVISIONS

SEC. 13001. AUDIT OF UNION STATION REDEVELOPMENT CORPORATION.

  The Inspector General of the Department of Transportation, or an 
auditor determined by the Inspector General to meet the independence 
standards specified in the Government Auditing Standards issued by the 
Comptroller General of the United States, shall once every 2 years 
conduct an audit of the accounts and operations of the Union Station 
Redevelopment Corporation. The audit of financial statements shall be 
conducted in accordance with generally accepted auditing standards and, 
to the extent determined applicable by the Inspector General, the 
Government Auditing Standards.

SEC. 13002. PROHIBITION ON USE OF FUNDS.

  None of the funds appropriated or otherwise made available under this 
Act, or the amendments made by this Act, may be used for physical 
signage indicating that a project is funded under this Act.

                 Purpose of the Legislation and Summary

    The purpose of this bill is to provide a long-term 
reauthorization of federal highway, transit and highway safety 
programs that will streamline and consolidate federal 
transportation programs, cut red tape and government 
bureaucracy, increase funding flexibility for states and local 
governments, better leverage existing infrastructure resources, 
and encourage more private sector participation in building 
infrastructure. The bill also makes significant reforms to 
other transportation programs, including federal passenger and 
freight rail transportation, and hazardous materials 
transportation.

                  Background and Need for Legislation

    The Safe, Accountable, Flexible, Efficient Transportation 
Equity Act: A Legacy for Users (SAFETEA-LU) was enacted in 
August of 2005 and reauthorized federal surface transportation 
programs through September 30, 2009.
    On September 30, 2009, SAFETEA-LU expired. Since that time, 
eight extensions of SAFETEA-LU have been enacted to continue 
funding authority under SAFETEA-LU program structures. The 
latest extension, the Surface Transportation Extension Act of 
2011, Part II (Title I of P.L. 112-30), will expire on March 
31, 2012.
    Enactment of H.R. 7, the American Energy and Infrastructure 
Jobs Act of 2012, will reauthorize federal highway, transit, 
and highway safety programs through fiscal year (FY) 2016, 
providing the long-term stability that is needed in order for 
states to plan major transportation infrastructure projects and 
provide lasting employment.

           Program Reform and Reducing the Size of Government

    Currently, there are over 100 federal surface 
transportation programs, many of which were created over the 
last 50 years to address narrow interests beyond the original 
programmatic goals. Many of these programs are duplicative or 
do not serve a national interest; they simply add to the 
massive federal bureaucracy. Dollars that could be directed to 
infrastructure are instead diverted to the continued 
administration of these programs.
    The American Energy and Infrastructure Jobs Act reforms 
surface transportation programs by consolidating or eliminating 
approximately 70 programs that are duplicative or do not serve 
a federal purpose. This proposal identifies programs that serve 
similar purposes, such as the Indian Reservation Roads Program 
and the Transit on Indian Reservations Program, and 
consolidates them into a Tribal Transportation Program. The 
proposal also identifies programs that do not serve a federal 
interest, such as the National Historic Covered Bridge 
Preservation Program and the Nonmotorized Transportation Pilot 
Program, and eliminates them.
    Furthermore, states will no longer be required to spend 
highway funding on non-highway activities. States will be 
permitted to fund such activities if they choose, but they will 
be provided the flexibility to identify and address their most 
critical infrastructure needs. However, this additional 
flexibility will not be unchecked. States will be held 
accountable for their spending decisions through new 
performance measures and transparency requirements.
    The Highway Trust Fund was created in the 1950s to 
construct the Interstate Highway System. In the years since, 
numerous new programs have been created and the focus of our 
federal transportation programs has expanded well beyond their 
original intent and goals. This legislation refocuses the 
Highway Trust Fund on programs and projects that have regional 
and national impacts and eliminates programs that do not.
    Reforming programs and reducing the federal bureaucracy 
under the American Energy and Infrastructure Jobs Act will 
ensure a more streamlined federal government and the more 
effective investment of resources.

           Streamlining Project Delivery and Cutting Red Tape

    Government bureaucracy and red tape in the approval and 
permitting process create needless infrastructure project 
delays and cost increases. According to the Federal Highway 
Administration, highway projects can take up to 15 years to 
complete. While state and local governments deal with the 
seemingly endless review process, transportation capacity and 
safety improvements stall, construction costs escalate, and job 
creation is put on hold.
    For example, after a series of fatal accidents on a roadway 
in Toulumne County, California, a project was proposed to widen 
the roadway by no more than two feet in any location, construct 
2,000 feet of new guardrail, replace two culvert pipes, and 
resurface the road. This project took over seven years just to 
complete the environmental reviews and permit approvals. 
Unfortunately, during that seven year period there were 
additional serious accidents on the roadway that could have 
been avoided.
    Project reviews are necessary to help protect the 
environment, but a more reasonable process is essential to 
using our resources more effectively. It can be done. When a 
design flaw caused the collapse of the I-35W bridge in 
Minnesota in 2007, the replacement was contracted to be 
completed in just 437 days and was completed significantly 
ahead of schedule using innovative contracting methods and a 
streamlined environmental review process.
    The American Energy and Infrastructure Jobs Act streamlines 
and condenses the project review process by cutting 
bureaucratic red tape, allowing federal agencies to review 
transportation projects concurrently, setting hard deadlines 
for federal agencies to approve projects, and delegating more 
decision making authority to states.
    The legislation makes environmental reviews more efficient 
by: (1) condensing the final environmental impact statement and 
combining it with the record of decision; (2) providing a 
single system to review decisions, requiring concurrent 
reviews, and setting deadlines for approvals; and (3) 
classifying projects in the right-of-way as categorical 
exclusions under the National Environmental Policy Act (NEPA).
    H.R. 7 clarifies eligibility for pre-construction 
activities by: (1) allowing for acquisition of land during the 
NEPA process if the transaction itself does not cause a change 
in the area's land use or adverse environmental effects; (2) 
encouraging corridor preservation to reduce project costs, 
delays, and impacts on communities; and (3) allowing detailed 
design work prior to completion of the NEPA process at state 
expense, making such work eligible for federal reimbursement 
only if the project is subsequently approved.
    The bill also promotes integrated planning and programmatic 
approaches by: (1) building on the efforts in section 6001 of 
SAFETEA-LU and allowing environmental decisions made in the 
planning process to be carried forward into the NEPA process; 
and (2) clarifying authority for programmatic approaches, 
rather than project-by-project reviews.
    By cutting the project review process time in half, the 
legislation ensures environmental protections remain in place 
while investing infrastructure resources in a much more 
effective manner.

Increasing Private Sector Participation and Maximizing Existing Revenue

    The American Energy and Infrastructure Jobs Act maximizes 
the buying power of infrastructure resources in a number of 
ways, including better leveraging existing federal funds and 
adopting policies that will attract private sector investment.
    Private sector interest in building infrastructure is 
considerable, and encouraging the private sector to responsibly 
partner with federal and state governments can significantly 
enhance the amount of available federal revenue. While public-
private partnerships cannot address all of our infrastructure 
needs, significant changes in existing programs and policy will 
attract private sector investment.
    The American Energy and Infrastructure Jobs Act builds upon 
and improves the successful Transportation Infrastructure 
Finance and Innovation Act (TIFIA) loan program. The measure 
dedicates $1 billion per year to the TIFIA program resulting in 
$10 billion in low interest loans to fund at least $20 billion 
per year in transportation projects. Providing additional 
funding for TIFIA will help meet demand for credit assistance 
for transportation projects and enable increased leveraging of 
Highway Trust Fund dollars with state, local and private-sector 
funding.
    The legislation does not create a new National 
Infrastructure Bank, but rather builds upon existing state 
infrastructure banks. States will be encouraged to create and 
capitalize state infrastructure banks to provide loans for 
transportation projects at the state and local level. The 
percentage of federal highway funding that a state can dedicate 
to a state infrastructure bank will be increased from 10 
percent to 15 percent and states will receive a specific amount 
of funding that can only be used to fund state infrastructure 
banks.
    H.R. 7 also calls for unlocking existing revenue sources 
that are not being fully utilized for their intended purpose. 
Under this initiative, existing lanes on the Interstate Highway 
System remain toll-free; however, states will have the ability 
to toll new capacity on the Interstate System. States will also 
have greater flexibility to toll non-Interstate highways.
    The Harbor Maintenance Trust Fund is supported by cargo 
fees and is critical for dredging and other improvements to 
federal harbor channels. Despite growing maritime 
infrastructure needs, these funds are not being fully utilized 
to maintain our ports. H.R. 7 encourages using all the amounts 
collected each year in the Harbor Maintenance Trust Fund for 
their intended purpose of maintaining safe and adequate harbor 
channels for the Nation's waterborne transportation system.
    H.R. 7 improves the underutilized Rail Rehabilitation and 
Improvement Financing (RRIF) Program by creating a faster and 
more predictable application process and allowing more 
flexibility in loan terms. While RRIF was created to allow for 
loans and loan guarantees to help improve the nation's rail 
infrastructure, the slow process for approval and constricting 
terms have stunted its potential. H.R. 7 ensures the program is 
able to help address the nation's growing rail infrastructure 
needs at a time when the economy is continuing its recovery.
    The American Energy and Infrastructure Jobs Act will allow 
federal dollars to work more effectively and generate 
additional revenue for infrastructure improvements and job 
creation. By more effectively leveraging available resources, 
we can achieve more infrastructure and employment benefits per 
dollar invested.

                        Federal Highway Program

    Fifty years ago the goal of the Federal Highway Program was 
to fund road construction projects that facilitated interstate 
travel and interstate commerce. After the Interstate Highway 
System was largely completed, the Federal Highway Program began 
to fund a broader range of projects. Today there are more than 
50 programs run by the Federal Highway Administration that fund 
projects ranging from graffiti removal to planting of 
wildflowers.
    The American Energy and Infrastructure Jobs Act eliminates 
approximately 40 Federal Highway Administration programs and 
focuses our limited federal resources on projects that have 
regional or national significance. Federal approvals and 
processes are streamlined to ensure projects are expedited, and 
administrative overhead can be reduced through programmatic 
reform, increasing the amount of funding available for 
projects.

State Flexibility and Accountability

    Under the legislation, states maintain the opportunity to 
fund the broad range of eligible projects under the current 
Surface Transportation and Congestion Mitigation and Air 
Quality programs, but they are not required to spend a specific 
amount of funding on specific types of projects, such as 
transportation museums or landscaping. More than 90 percent of 
Federal Highway Program funding will be distributed through 
formula programs to state departments of transportation, 
allowing state and local transportation officials to prioritize 
projects rather than bureaucrats in Washington, D.C. States are 
provided the maximum amount of flexibility in choosing what 
projects to fund with their federal highway dollars, but will 
be held accountable for those choices through performance 
measures and transparency requirements.

A Focus on the National Highway System

    The new Federal Highway Program focuses primarily on the 
National Highway System--a 160,000-mile system of roads that 
includes the Interstate Highway System and other roads 
important to the nation's economy, defense and freight 
mobility. Under H.R. 7, approximately half of the funding 
provided for the Federal Highway Program is directed to funding 
projects on the National Highway System.

Highway Safety

    The legislation doubles the amount of funding dedicated to 
the Highway Safety Improvement Program. This program funds road 
infrastructure projects designed to improve safety and can fund 
projects on virtually any road.

Improved Leveraging of Resources

    The bill better leverages our limited federal resources, 
including through the TIFIA program and the existing state 
infrastructure bank structure. This approach keeps the federal 
financing bureaucracy at a minimum and maximizes states' 
financial capabilities.

                    Highway and Motor Carrier Safety

    Recent years have seen a steady decline in highway 
fatalities, from 43,510 in 2005 to 32,885 in 2010. There has 
also been a dramatic reduction in severe and fatal crashes 
involving large trucks and buses, with fatalities from crashes 
dropping from 5,539 in 2005 to 3,944 in 2010.
    The American Energy and Infrastructure Jobs Act builds upon 
the progress made in recent years and ensures continued safety 
improvements by incorporating performance measures into each 
state's highway safety plan. Under the bill, each state is 
required to establish quantifiable targets for each performance 
measure. This will help states target the most effective 
highway and motor carrier safety activities and hold states 
accountable for how they spend their federal funding.

National Highway Traffic Safety Administration (NHTSA) Safety Programs

    H.R. 7 focuses funding on NHTSA's highway safety grant 
program that distributes money to states through a formula for 
highway safety activities. It clarifies that states can use 
highway safety grant funding for initiatives to increase seat 
belt use, prevent impaired driving, and improve motorcycle 
safety. In addition, the bill changes the distribution formula 
for NHTSA's highway safety grant program so states that have 
laws and programs designed to increase seat belt use, prevent 
impaired driving, or improve the safety of young drivers 
receive more funding. Finally, the bill holds states 
accountable by requiring them to spend federal funding in areas 
where they are not meeting performance goals.

Motor Carrier Safety Programs

    H.R. 7 ensures that federal regulations keep unsafe trucks 
and buses off the road while allowing companies that operate in 
a safe and responsible manner to continue to do so. 
Specifically, the bill prevents companies that have been shut 
down for violating safety standards from reincarnating as new 
carriers to avoid compliance. It consolidates grant programs 
and institutes new performance measures to focus state motor 
carrier safety efforts on reducing the number of crashes and 
fatalities involving large trucks and buses. It establishes 
annual inspection programs for buses. The bill also requires 
the Secretary to establish a clearinghouse of positive drug and 
alcohol test results by commercial drivers, and prescribe 
regulations to establish minimum training requirements for 
commercial drivers.

                        Federal Transit Programs

    The American Energy and Infrastructure Jobs Act focuses on 
federal transit policies and programs that most effectively 
contribute to public transportation services that meet the 
needs of commuters, transit-dependent individuals, and 
occasional transit riders.

Private Sector Partnering

    H.R. 7 removes current barriers that prevent the private 
sector from offering public transportation services. It 
provides incentives to vanpools and intercity bus operators to 
participate in federally supported transit services; requires 
that private intercity and charter bus operators be given 
reasonable access to federally-funded transit facilities; and 
encourages and rewards public-private partnerships when 
building new rail transit systems.

Focuses on Formula Programs

    The bill repeals discretionary programs that are 
unpredictable and not transparent, and focuses available 
funding on formula programs that provide stable and predictable 
funding to states and local transit agencies. In addition, it 
increases the percentage of available formula funds for transit 
programs that benefit suburban and rural areas, and programs 
that support transit services for the elderly, disabled, and 
transit-dependent.

Streamlines and Simplifies

    Under H.R. 7, three separate human service transportation 
programs are consolidated into one. In addition, the bill 
streamlines the New Starts and Small Starts competitive grant 
program, cutting project development time in half.

Improves Transit Safety

    The legislation strengthens the rail transit safety 
oversight program without creating a new federal transit safety 
bureaucracy.

               Passenger and Freight Rail Transportation

    Government can do more to effectively leverage federal 
investments in freight and passenger rail infrastructure. The 
American Energy and Infrastructure Jobs Act streamlines the 
project delivery process, reduces regulatory burdens, and 
promotes accountability and responsibility while maintaining 
the highest commitment to rail safety.

Leveraging Federal Investments

    H.R. 7 creates a faster and more predictable application 
process for Rail Rehabilitation and Improvement Financing 
(RRIF) loans. In addition, it increases access to the RRIF 
program by providing more flexible loan terms.

Streamlining Project Delivery

    The legislation expedites project review, which reduces 
costs to project sponsors. Specifically, it increases 
coordination among federal agencies and allows for review of 
projects concurrently; creates greater certainty by 
establishing hard deadlines for agency action and decisions; 
delegates more decision-making authority to the states; and 
expands classes of projects excluded from extensive 
environmental review.

Reducing Regulatory Burdens

    The bill increases the opportunity for the successful 
implementation for Positive Train Control (PTC) by changing the 
implementation deadline and allowing for technology neutral 
solutions, while maintaining our commitment to safety. It also 
improves the rulemaking process at the Federal Railroad 
Administration to protect against overly-burdensome regulations 
and red tape.

Reforming Amtrak

    H.R. 7 places limits on Amtrak's use of federal funds to 
focus it on providing better service. It cuts Amtrak's 
operating subsidy by 25 percent in FY 2012 and 2013. In 
addition, the bill clarifies the Amtrak Inspector General's 
authority to protect federal funds against fraud, waste, and 
abuse. Finally, it requires Amtrak's money-losing, poorly 
managed food and beverage services to be competitively bid.

Promoting Accountability and Saving Money

    The legislation eliminates the congestion grants set-aside 
program in the Intercity Passenger Rail grants program, 
currently authorized at $100 million per year in FY 2012 and 
2013. It also terminates the Capital Grants program for Class 
II and Class III Railroads, authorized at $50 million per year.

                   Hazardous Materials Transportation

    The American Energy and Infrastructure Jobs Act advances 
safety, efficiency, and accountability in the transportation of 
hazardous materials and promotes the nation's economic health 
through certainty and uniformity in the regulation of those 
materials.

Promotes Regulatory Certainty and Transparency

    H.R. 7 reforms the rulemaking process to be less burdensome 
on industry and ensure that economic effects are properly taken 
into account. The bill establishes regulatory certainty through 
notice and comment rulemaking. It promotes efficiency by 
incorporating safe special permits into regulations. Finally, 
it requires a program review to improve the administration of 
motor carrier permitting.

Creates Uniformity to Grow Business and the Economy

    The legislation eliminates differing state requirements for 
notification, enforcement, and permitting that hinder the free-
flow of commerce and do not increase safety levels. The bill 
also establishes uniform training and enforcement among the 
states; ensures the nation's expert on hazardous materials 
transportation remains its international representative; 
eliminates overlapping federal jurisdiction; and protects 
economic growth by preempting unreasonable burdens on commerce.

Reduces Regulatory Burdens

    The bill bans certain regulations whose cost-effectiveness 
is unproven. It ensures that no new user fees will be imposed 
on the industry, and that penalties are fairly imposed on those 
entities responsible for violations. It also eliminates 
unnecessary package inspections that burden commerce.

Promotes Accountability and Saves Money

    H.R. 7 allows flexibility and requires accountability in 
managing hazardous materials transportation grant programs. In 
addition, it eliminates wasteful earmarks.

                       Waterborne Transportation

    Waterborne trade at our nation's ports is vital to the 
American economy, and millions of jobs throughout the country 
are dependent upon the commercial shipping industry. The 
American Energy and Infrastructure Jobs Act encourages funds 
collected for the maintenance of our nation's harbors to be 
invested for that purpose.

Calls for Dedicated Funds to Go to Infrastructure Programs

    The Harbor Maintenance Trust Fund (HMTF) provides funds for 
the United States Army Corps of Engineers (Corps) to carry out 
the dredging of navigation channels to their authorized depths 
and widths. The HMTF is based upon a user fee collected from 
shippers that utilize the nation's coastal ports. 
Unfortunately, we do not invest all of these fees back into 
harbor maintenance. The FY 2011 HMTF equity grew 13.7% from FY 
2010 to $6.42 billion. Total receipts increased 17.3% to $1.6 
billion. Yet, only $791.4 million was expended by the Corps, a 
decrease from FY 2010's $793 million. This legislation calls 
for HMTF expenditures to be tied to revenues and spent for 
harbor maintenance as intended.

                          Legislative History

    On January 31, 2012, Chairman John L. Mica and Subcommittee 
Chairman John J. Duncan, Jr. introduced H.R. 7, the American 
Energy and Infrastructure Jobs Act of 2012. On February 2, 
2012, the Committee on Transportation and Infrastructure met in 
open session to consider the bill. During the Committee's 
consideration of the bill the following actions were taken:

The following motion was defeated by recorded vote:

    A motion offered by Mr. Rahall to table the bill.

The following amendments were approved by recorded vote:

    An amendment offered by Mr. Mica designated 088 was 
approved by recorded vote, after being amended by voice vote by 
an amendment offered by Mr. Defazio to strike a provision 
requiring a public referendum be held to approve the financing 
mechanism for certain transit new start projects;
    An amendment offered by Mr. Barletta designated 024; and
    An amendment offered by Mr. Denham designated 041.

The following amendments were approved by voice vote:

    An amendment offered by Mr. Graves designated 057;
    An amendment offered by Ms. Richardson designated 091;
    An amendment offered by Ms. Brown (for Mr. Sires) 
designated Sires Amendment 014;
    An amendment offered by Mr. Cohen designated 071;
    An amendment offered by Mr. Cravaack designated 033;
    An amendment offered by Mr. Shuler designated 005;
    An amendment offered by Mr. Rahall designated 032;
    An amendment offered by Mr. Bucshon designated 009;
    An amendment offered by Mr. Cravaack designated 034;
    An amendment offered by Mr. Boswell designated 027;
    An amendment offered by Mr. Carnahan designated 054;
    An amendment offered by Mr. Landry designated 063;
    An amendment offered by Ms. Richardson designated 085;
    An amendment offered by Mr. Defazio designated 065;
    An amendment offered by Mr. Defazio (modified) designated 
067;
    An amendment offered by Ms. Brown designated 029 was 
approved by voice vote, after being amended by an amendment 
offered by Mr. Mica regarding compliance with court orders, 
which was also approved by voice vote; and
    An amendment offered by Mr. Carnahan designated 058 was 
approved by voice vote, after being amended by an amendment 
offered by Mr. Mica designated 087, which was also approved by 
voice vote.

The following amendments were approved en bloc by unanimous consent:

    An amendment by Ms. Richardson designated 086;
    An amendment by Mr. Carnahan designated 052;
    An amendment by Mr. Cohen designated 072;
    An amendment by Mr. Lipinski designated 049; and
    An amendment by Mr. Capuano designated 029.

The following amendments were approved en bloc by unanimous consent:

    An amendment by Mr. Lipinski designated 046;
    An amendment by Mr. Altmire designated 011;
    and An amendment by Ms. Norton designated 105.

The following amendments were defeated by recorded vote:

    An amendment offered by Mr. Cummings, Ms. Johnson, Ms. 
Brown, Ms. Norton, and Ms. Edwards designated 042;
    An amendment offered by Mr. Petri, Mr. T. Johnson, and Mr. 
Lipinski designated 019;
    An amendment offered by Mr. Rahall designated 031;
    An amendment offered by Mr. Defazio designated 064;
    An amendment offered by Mr. Capuano and Mr. Nadler 
designated 025;
    An amendment offered by Mr. Carnahan designated 051;
    An amendment offered by Ms. Napolitano designated 010;
    An amendment offered by Ms. Brown designated 021;
    An amendment offered by Ms. Edwards designated 018;
    An amendment offered by Mr. Carnahan designated 060;
    An amendment offered by Mr. Nadler designated 106; and
    An amendment offered by Mr. Farenthold designated 014.

The following amendments were defeated by voice vote:

    An amendment offered by Mr. Capuano designated 028;
    An amendment offered by Ms. Edwards designated 021;
    An amendment offered by Ms. Richardson amending section 
1108;
    An amendment offered by Ms. Richardson designated 087;
    An amendment offered by Mr. Cohen (for Mr. Sires) 
designated as Sires Amendment 012;
    An amendment to the Cravaack Amendment 034 offered by Mr. 
Rahall regarding Federal-aid Highways Buy America provisions;
    An amendment offered by Ms. Norton designated 103;
    An amendment offered by Mr. Cummings designated 046;
    An amendment offered by Ms. Richardson regarding the 
prevention of unreasonable fees;
    An amendment offered by Ms. Richardson designated 095;
    An amendment offered by Mr. Carnahan designated 055;
    An amendment offered by Mr. G. Miller designated 031;
    An amendment offered by Mr. Lipinski designated 052;
    An amendment offered by Mr. Nadler designated 094;
    An amendment offered by Ms. Edwards designated 004;
    An amendment offered by Mr. Cohen designated 074;
    An amendment offered by Mr. Crawford regarding the 
transportation of horses;
    An amendment offered by Ms. Brown designated 017;
    An amendment offered by Mr. Nadler designated 097;
    An amendment offered by Mrs. Napolitano (modified) 
regarding Harbor Maintenance Trust Fund expenditures;
    An amendment offered by Mr. Nadler designated 093;
    An amendment offered by Ms. Richardson regarding the Harbor 
Maintenance Trust Fund;
    An amendment offered by Ms. Richardson designated 094;
    An amendment offered by Ms. Hirono designated 052;
    An amendment offered by Ms. Hirono designated 050;
    An amendment offered by Ms. Hirono designated 051;
    An amendment offered by Ms. Richardson designated 098;
    An amendment offered by Mr. Carnahan designated 057;
    An amendment offered by Ms. Edwards designated 022; and
    An amendment to the Edwards Amendment 022 offered by Ms. 
Johnson to strike ``shall'' and insert ``may''.

The following amendments were offered en bloc and defeated by voice 
        vote:

    An amendment by Mr. Bishop designated 005;
    An amendment by Mr. Bishop designated 006; and
    An amendment by Mr. Bishop designated 007.

The following amendments were offered en bloc and defeated by unanimous 
        consent:

    An amendment by Ms. Brown designated 026; and
    An amendment by Ms. Brown designated 031.

The following amendments were withdrawn:

    An amendment by Ms. Richardson designated 093;
    An amendment by Mr. Lipinski designated 050;
    An amendment by Mr. Farenthold designated 014;
    An amendment by Ms. Edwards designated 019;
    An amendment by Ms. Edwards designated 020;
    An amendment by Ms. Edwards designated 003;
    An amendment by Ms. Richardson regarding streamlining 
environmental reviews;
    An amendment by Mr. Capuano designated 024;
    An amendment by Mr. DeFazio designated 066;
    An amendment by Mr. Lipinski designated 051;
    An amendment by Ms. Brown designated 028;
    An amendment by Mr. Bishop designated 075;
    An amendment by Mr. Cohen, Ms. Edwards, and Ms. Richardson 
designated 070;
    An amendment by Mr. Carnahan designated 056;
    An amendment by Mr. Bishop designated 076;
    An amendment by Mr. Bishop designated 070;
    An amendment by Mr. Nadler designated 102;
    An amendment by Ms. Johnson designated 048;
    An amendment by Mr. DeFazio designated 059;
    An amendment by Mr. DeFazio designated 069;
    An amendment by Mr. Boswell designated 028; and
    An amendment by Mr. Boswell designated 878.

The following amendments were not offered:

    An amendment by Ms. Richardson designated 096.

                                Hearings

    The Committee on Transportation and Infrastructure held 
five field hearings on surface transportation reauthorization 
as follows: (1) on February 14, 2011, in Beckley, WV; (2) on 
February 19, 2011, in Columbus, OH; (3) on February 23, 2011, 
in Los Angeles, CA; (4) on February 24, 2011, in Oklahoma City, 
OK; and (5) on March 14, 2011, in Maitland, FL. In addition, 
the Full Committee held a legislative hearing on motorcoach 
safety on June 13, 2011.
    In addition to the listed hearings and in order to gather 
specific policy proposals for reauthorization of the federal 
surface transportation programs, the Committee, pursuant to the 
belief that the best ideas come from outside of Washington, 
D.C., and that state and local governments know their needs 
best, held multiple listening sessions across the country as 
follows: (1) on February 14, 2011, in Charleston, WV; (2) on 
February 19, 2011, in Indianapolis, IN; (3) on February 20, 
2011, in Dupage, IL; (4) on February 21, 2011, in Vancouver, 
WA; (5) on February 22, 2011, in Fresno, CA; (6) on February 
24, 2011, in Jonesboro, AR; (7) on February 25, 2011, in 
Millington, TN; (8) on March 24, 2011, in Rochester, NY; (9) on 
March 24, 2011, in Cortland, NY; (10) on March 25, 2011, in 
Scranton, PA; and (11) on March 25, 2011, in King of Prussia, 
PA.
    The Subcommittee on Highways and Transit held four 
legislative hearings as follows: (1) on February 15, 2011, a 
hearing was held to receive testimony related to improving the 
existing laws and regulations governing project delivery in 
order to accelerate the delivery process for surface 
transportation projects and save the American taxpayer money; 
(2) on March 29, 2011 and March 30, 2011, a two-day hearing was 
held to receive testimony from the surface transportation 
community regarding reauthorization issues; (3) on April 5, 
2011, a hearing was held to receive testimony from Members of 
Congress regarding surface transportation reauthorization; and 
(4) on October 12, 2011, a hearing was held to examine the 
administration's infrastructure bank proposal.
    The Subcommittee on Railroads, Pipelines, and Hazardous 
Materials held five legislative hearings as follows: (1) on 
February 17, 2011, a hearing was held to receive testimony on 
the Railroad Rehabilitation and Improvement Financing Program; 
(2) on March 11, 2011, a hearing was held to receive testimony 
regarding intercity passenger rail; (3) March 17, 2011, a 
hearing was held to receive testimony regarding implementation 
of the Rail Safety Improvement Act and Positive Train Control 
Systems; (4) on April 7, 2011, a hearing was held to receive 
testimony regarding reducing the regulatory burdens in railroad 
and hazardous materials transportation programs; and (5) on 
April 12, 2011, a hearing was held to receive testimony 
regarding reauthorization of the hazardous materials 
transportation programs of the Pipeline and Hazardous Materials 
Safety Administration.
    The Subcommittee on Water Resources and Environment held 
two legislative hearings as follows: (1) on July 8, 2011, a 
hearing was held to receive testimony on H.R. 104, the Realize 
America's Maritime Promise Act; and (2) on October 26, 2011, a 
hearing was held to receive testimony regarding the economic 
importance of seaports.

                        Committee Consideration

    On February 2, 2012, the Committee met in open session and 
ordered the bill, as amended, favorably reported to the House 
by roll call vote with a quorum present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were 17 record votes taken during the Committee's consideration 
of H.R. 7.
    The first record vote was on a motion to table the bill 
offered by Mr. Rahall.
    The next 15 record votes were on amendments offered by: Mr. 
Mica; Mr. Barletta; Mr. Denham; Mr. Cummings, Ms. Johnson, Ms. 
Brown, Ms. Norton, and Ms. Edwards; Mr. Petri, Mr. T. Johnson, 
and Mr. Lipinski; Mr. Rahall; Mr. DeFazio; Mr. Capuano and Mr. 
Nadler; Mr. Carnahan (who offered two amendments); Mrs. 
Napolitano; Ms. Brown; Ms. Edwards; Mr. Nadler; and Mr. 
Farenthold.
    The last record vote was on a motion offered by Mr. Duncan 
to report the bill as amended to the House with a favorable 
recommendation. The bill, as amended, was reported to the House 
with a favorable recommendation after a record vote which was 
disposed of as follows:

    The Committee disposed of the following amendments by 
record vote:

    The Committee disposed of the motion to table by record 
vote:

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee adopts as its 
own the estimate of new budget authority, entitlement 
authority, or tax expenditures or revenues contained in the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 7, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, February 9, 2012.
Hon. John L. Mica,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 7, the American 
Energy and Infrastructure Jobs Act of 2012.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sarah Puro.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 7--American Energy and Infrastructure Jobs Act of 2012

    Summary: H.R. 7 would extend the authority for the surface 
transportation programs administered by the Federal-Aid Highway 
Administration (FHWA), the Federal Transit Administration 
(FTA), the National Highway Traffic Safety Administration 
(NHTSA), the Federal Motor Carrier Safety Administration 
(FMCSA), and certain programs administered by the Federal Rail 
Administration (FRA).
    CBO estimates that enacting the bill would provide total 
contract authority (the authority to incur obligations in 
advance of appropriation acts) of $228 billion over the 2012-
2016 period. Contract authority is a form of budget authority; 
the use of that authority for transportation programs has 
traditionally been controlled by provisions in appropriation 
acts that limit the amount of contract authority that may be 
obligated (those provisions are known as obligation 
limitations). Consistent with the rules in the Balanced Budget 
and Emergency Deficit Control Act for constructing its baseline 
of future contract authority for transportation programs, CBO 
assumes that the contract authority provided by the bill for 
2016, the last year of the authorization, would continue at the 
same rate in each of the following years. Using that 
assumption, CBO estimates that enacting the bill would result 
in baseline contract authority of $560 billion over the 2012-
2022 period. Relative to the amounts of contract authority for 
surface transportation programs currently projected in CBO's 
baseline, that funding level represents an increase of $7 
billion for the 2012-2017 period and $15.3 billion over the 
2012-2022 period.\1\
---------------------------------------------------------------------------
    \1\The Surface and Air Transportation Programs Extension Act of 
2011 (Public Law 112-30) provided about $25 billion in contract 
authority for programs funded by HR. 7 through March 31, 2012. 
Following baseline construction rules, CBO assumes that this funding 
would continue at the same rate for the remainder of fiscal year 2012. 
H.R. 7 would also provide $25 billion for the second half of fiscal 
year 2012. As a result, contract authority provided by the bill for 
2012 would not increase compared to CBO's baseline.
---------------------------------------------------------------------------
    H.R. 7 would expand federal credit programs administered by 
the Department of Transportation (DOT) that provide direct 
loans and loan guarantees. CBO estimates the changes to those 
programs authorized by the bill would increase direct spending 
by $110 million over the 2012-2017 period and by $300 million 
over the 2012-2022 period; therefore, pay-as-you-go procedures 
apply.
    Enacting H.R. 7 could result in the collection of 
additional civil penalties because it would increase the amount 
that DOT could impose for violating certain motor carrier and 
hazardous materials safety regulations. Penalties are recorded 
in the budget as revenues and deposited in the U.S. Treasury. 
CBO estimates that any additional penalty collections under the 
bill would be insignificant.
    For this estimate, CBO assumes that most spending for the 
surface transportation program will continue to be controlled 
by obligation limitations set in appropriation acts. The 
obligation limitations for 2012 were enacted in the 
Consolidated and Further Continuing Appropriations Act, 2012 
(Public Law 112-55). H.R. 7 would not amend the obligation 
limitations that have already been enacted for 2012. The bill 
would authorize obligation limitations totaling $202 billion 
over the 2013-2016 period.
    The bill also would authorize appropriations of $8.4 
billion for other surface transportation programs administered 
by DOT, including transit, rail, and hazardous materials 
programs. Assuming appropriation of the estimated obligation 
limitation for 2013-2016, the other amounts specified in the 
legislation, and amounts estimated to be necessary, CBO 
estimates that implementing the bill would add $170 billion in 
discretionary costs over the 2012-2017 period.
    CBO has determined that the nontax provisions of H.R. 7 
contain intergovernmental and private-sector mandates as 
defined in the Unfunded Mandates Reform Act (UMRA) on 
manufacturers, owners, and operators of motorcoaches and on 
driving schools. The bill would impose additional 
intergovernmental mandates on states and would preempt state, 
local, and tribal laws. The bill also would impose private-
sector mandates on owners and operators of commercial vehicles, 
brokers for motor carriers, coordinators of freight shipments, 
and other private entities. Because of uncertainty about the 
number of entities affected and the scope of future 
regulations--particularly those governing motorcoach safety--
CBO cannot determine whether the aggregate cost of the mandates 
in the bill would exceed the annual thresholds established in 
UMRA for intergovernmental or private-sector mandates ($73 
million and $146 million in 2012, respectively, adjusted 
annually for inflation).
    Estimated Cost to the Federal Government: The estimated 
budgetary impact of H.R. 7 is shown in the following table. The 
costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                             By fiscal year, in millions of dollars--
                                                ----------------------------------------------------------------
                                                   2012     2013     2014     2015     2016     2017   2012-2017
----------------------------------------------------------------------------------------------------------------
                                           CHANGES IN DIRECT SPENDING

DOT Contract Authority
    Budget Authoritya..........................        0    1,035    1,290    1,345    1,665    1,665      7,000
    Estimated Outlays..........................        0        0        0        0        0        0          0
Expansion of DOT Loan and Loan Guarantee
 Programsb
    Estimated Budget Authority.................        0       22       22       22       22       32        120
    Estimated Outlays..........................        0       15       20       21       22       32        110
    Total Changes..............................
        Estimated Budget Authority.............        0    1,057    1,312    1,367    1,687    1,697      7,120
        Estimated Outlays......................        0       15       20       21       22       32        110
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Spending from the Highway Trust Fund
    Estimated Obligation Limitation\c\.........        0   50,124   50,379   50,434   50,758        0    201,695
    Estimated Outlays..........................        0   12,551   32,196   40,161   43,807   35,568    164,283
Federal Transit Administration
    Authorization Level........................        0    2,098    2,098    2,098    2,098        0      8,392
    Estimated Outlays..........................        0      329      885    1,295    1,589    1,494      5,592
Bridge and Tunnel Inspection
    Estimated Authorization Level..............        0       15       15        0        0        0         30
    Estimated Outlays..........................        0        2        8       10        5        3         28
Other Authorized Programs
    Authorization Level........................        0       90       39       39       39        0        207
    Estimated Outlays..........................        0       37       60       47       42       10        196
    Total Changes
        Estimated Budgetary Resources..........        0   52,327   52,531   52,571   52,895        0    210,324
        Estimated Outlays......................        0   12,919   33,149   41,513   45,443   37,075   170,099
----------------------------------------------------------------------------------------------------------------
Notes: DOT = Department of Transportation.
aCBO estimates that H.R. 7 would increase budget authority by $15.3 billion above the amounts assumed in CBO's
  baseline for surface transportation programs over the 2012-2022 period.
bCBO estimates that expanding DOT's loan programs would cost $300 million over the 2012-2022 period.
cEstimated discretionary outlays reflect use of funds under the 2013-2016 obligation limitations estimated by
  CBO. (Outlays stemming from additional contract authority for years after 2016 would be authorized in future
  legislation.)

    Basis of Estimate: For this estimate, CBO assumes that H.R. 
7 will be enacted before the current authorization for surface 
transportation programs expires on March 31, 2012, that the 
authorized and necessary amounts will be provided for each year 
in appropriation acts, and that outlays will follow the 
historical rate of spending for transportation programs.

Direct spending

    Department of Transportation Contract Authority. H.R. 7 
would increase the amount of budget authority (in the form of 
contract authority) that is projected in CBO's baseline to be 
available for DOT's surface transportation programs over the 
2012-2022 period. Because spending of the contract authority 
for transportation programs is expected to be controlled by 
provisions in future appropriation acts, there would be no 
impact on direct spending expenditures from this provision.
    Over the 2012-2016 period, H.R. 7 would provide $228 
billion in contract authority for the following programs:
           $185 billion for programs administered by 
        FHWA;
           $38 billion for programs administered by 
        FTA;
           $3 billion for programs administered by 
        NHTSA; and
           $2 billion for programs administered by 
        FMCSA.
    About $25 billion in contract authority has already been 
provided through March 31, 2012. H.R. 7 would continue funding 
surface transportation programs at the same rate for the rest 
of the year. That level is consistent with the assumption in 
CBO's baseline that contract authority provided for part of a 
year continues at the same rate for the full year.
    Consistent with the rules in the Balanced Budget and 
Emergency Deficit Control Act for constructing the baseline, 
CBO assumes that contract authority provided by the bill for 
2016 ($51.2 billion), the last year of the authorization, would 
continue at the same level in each of the following years. 
Using that assumption, CBO estimates that enacting the bill 
would result in baseline contract authority totaling about $560 
billion over the 2012-2022 period. That funding level 
represents an increase in budget authority of $7 billion over 
the 2012-2017 period and $15.3 billion over the 2012-2022 
period above the amounts of contract authority for surface 
transportation programs currently projected in CBO's baseline.
    Expansion of DOT Loan and Loan Guarantee Programs. H.R. 7 
would amend and expand two loan and loan guarantee programs 
within the DOT: the Transportation Infrastructure Finance and 
Innovation Program (TIFIA) provides credit assistance for 
certain large transportation projects and the Railroad 
Rehabilitation and Improvement Financing (RRIF) Program 
provides loans to develop railroad infrastructure. CBO 
estimates that those provisions would increase direct spending 
by $110 million over the 2012-2017 period and $300 million over 
the 2012-2022 period.
    The budgetary treatment of the TIFIA and RRIF programs is 
governed by the Federal Credit Reform Act (FCRA) of 1990, which 
requires an appropriation to cover the subsidy and 
administrative costs associated with federal direct loans and 
loan guarantees. The subsidy cost is the estimated long-term 
cost to the government of a loan or loan guarantee, calculated 
on a net-present-value basis, excluding administrative costs. 
Administrative costs, which are recorded on a cash basis, 
include activities related to making, servicing, and 
liquidating loans as well as overseeing the performance of 
lenders when a federal guarantee of a private loan is made.
    TIFIA Expansion. In recent years, TIFIA loans have had an 
average estimated subsidy rate of about 10 percent. That rate 
reflects the risk that such transportation projects may default 
on a loan from the government. (The subsidy rate of a federal 
loan reflects the subsidy cost for each dollar of the face 
value of the loan. For example, a $10 million TIFIA loan with 
an estimated 10 percent subsidy rate would have a cost in the 
federal budget of $1 million in the year that the loan is 
made.)
    H.R. 7 would:
           Provide budget authority of $1 billion per 
        year over the 2013-2016 period (in the form of contract 
        authority) to pay for the subsidy cost of TIFIA loans 
        and guarantees;
           Increase the share of total project costs 
        that TIFIA loans and guarantees can cover from 33 
        percent to 49 percent;
           Under certain conditions, authorize 
        prospective borrowers to pay DOT an amount equivalent 
        to the estimated subsidy cost of their approved TIFIA 
        loan or guarantee. (This authority is referred to here 
        as a borrower-financed credit subsidy.)
    If no funds were provided for TIFIA or if the funds 
authorized by H.R. 7 were fully obligated, section 1201 would 
authorize DOT to accept payments from transportation project 
sponsors that are equivalent to the estimated federal subsidy 
cost of those loans or guarantees. CBO estimates that enacting 
those provisions would increase direct spending by $90 million 
over the 2017-2022 period, when we expect that the funds 
appropriated by the bill for subsidy costs would be fully 
obligated. That amount reflects our estimate of the future 
demand for TIFIA loans and our view that borrower-financed 
credit subsidies are likely to result in a net cost to the 
government.\2\
---------------------------------------------------------------------------
    \2\The types of transportation projects supported by TIFIA loans 
involve significant construction and operations risk. Typically, 
private loans are available for either the construction period or the 
operational phase of the project. TIFIA provides one loan for both 
components, thus reducing the cost of capital for transportation 
projects and possibly improving a project's financial viability. 
However, if a borrower pays the subsidy cost of a TIFIA loan or 
guarantee, that added cost, which would otherwise be borne by the 
government, would contribute to a reduction in the creditworthiness of 
the project. Because many projects backed by TIFIA would not be 
financially feasible without a federal credit subsidy, there is a 
practical limit to the amount of additional cost (in the form of 
subsidies) that such projects could bear without significantly 
increasing the risk that the borrower will default.
---------------------------------------------------------------------------
    CBO expects that, under H.R. 7, the demand for TIFIA credit 
assistance would increase. In both 2010 and 2011, TIFIA 
received loan applications that had a face value of more than 
$8 billion. Those projects requested federal loans that would 
cover, on average, about 30 percent of total project costs 
(almost the maximum allowed under current law). Because of 
budget constraints, DOT was able to provide loans and 
guarantees for less than 10 percent of the requested loan 
volume at an estimated subsidy cost of about $100 million per 
year. As a result, there remains a significant backlog of 
proposed projects that are probably qualified to receive a 
TIFIA loan.
    Because of provisions in the bill that would authorize 
TIFIA to provide loans to cover up to 49 percent of project 
costs, CBO expects that most individual loan requests would 
probably be larger under H.R. 7 than under current law. Based 
on information from DOT and project financing experts, we 
estimate that the face value of loans funded through the TIFIA 
program could reach $5 billion per year during the 2013-2016 
period and total $1 billion to $2 billion per year in 2017 and 
subsequent years as new projects are developed and built.
    In any year that the TIFIA program has insufficient budget 
authority to provide credit subsidies, H.R. 7 would authorize 
DOT to accept payments from TIFIA borrowers equal to the 
estimated subsidy cost of their loans. CBO expects that this 
provision would be used by DOT and borrowers to issue direct 
loans with a value between $1 billion to $2 billion each year 
over the 2017-2022 period after the amounts provided in H.R. 7 
have been fully obligated.
    CBO expects that prospective TIFIA borrowers considering 
whether to pay the subsidy costs of the federal credit backing 
they seek would generally refuse to implement projects if they 
conclude that the subsidy cost was too great. However, those 
prospective TIFIA borrowers would tend to obtain federal credit 
backing if they conclude that the subsidy cost of TIFIA credit 
is not too high. CBO expects that this sets up an asymmetry in 
the characteristics of projects that proceed with borrower-
financed credit subsidies, which would create a situation where 
the TIFIA loan portfolio would have more projects where the 
subsidy cost paid by borrowers is less than the cost to the 
government as calculated under FCRA. CBO estimates that the 
subsidy cost charged to borrowers under this provision would, 
on average, be about 1 percent lower than the likely cost of 
the federal loan or loan guarantee. Applying that 1 percent 
subsidy rate to our estimate of the average annual demand for 
credit assistance from TIFIA of between $1 billion and $2 
billion from 2017-2022 results in our estimate that enacting 
this provision would cost $90 million.
    RRIF Program Expansion. Under the RRIF program, the FRA 
provides direct loans and loan guarantees to develop railroad 
infrastructure. The cost of RRIF loans are calculated under 
FCRA, and borrowers pay fees up front to offset the estimated 
subsidy cost. (In recent years, RRIF loans have had an average 
subsidy rate of about 5 percent.) Subtitle D of title VIII 
would change how FRA accounts for the value of certain 
collateral railroads offer to obtain RRIF loans.\3\ CBO expects 
that this change would result in DOT assigning a higher value 
to that collateral than it otherwise would, making RRIF loans 
more appealing to borrowers and thus increasing the demand for 
RRIF loans. According to the FRA, this required change in the 
method used to value this type of collateral would likely 
underestimate the subsidy rate of the loans. CBO estimates that 
underestimating would reduce the subsidy rate on RRIF loans by 
about 5 percent. Further, CBO expects the RRIF program to 
operate at a net cost to the government over time because the 
program requires DOT to refund the fees collected from the 
borrower when a loan was issued if the borrower has not 
defaulted. However, the government is not authorized to collect 
additional money if the borrower fees do not fully cover the 
subsidy cost of the loan.
---------------------------------------------------------------------------
    \3\The bill would require FRA to value collateral offered to secure 
loans at 100 percent of the liquidated asset value and would require 
that for loans offered to railroads installing positive train control 
systems--a type of safety technology--FRA would include the total cost 
of labor and materials as the value of that collateral. Under current 
practice and to accurately reflect the potential cash flows to and from 
the government (in accordance with FCRA), FRA discounts the value of 
collateral that railroads offer because the value of the asset 
depreciates over time. Also, the government may have to wait to be able 
to liquidate the asset, delaying the cash flow into the Treasury, and 
reducing the net present value of any transaction. In the case of 
positive train control, the government would at no point be able to 
recoup any costs that the railroad incurred for labor.
---------------------------------------------------------------------------
    Increasing the estimated value of certain collateral for 
RRIF loans would increase the perceived creditworthiness of 
projects, in turn lowering the apparent subsidy rate for loans 
under the program and thereby the fees charged to borrowers. 
With lower fees, CBO expects demand for RRIF loans to grow--
from a historical loan volume of $200 million per year to about 
$400 million annually. That expansion would increase costs for 
the RRIF program from both the asymmetrical selection of 
projects and provisions in the bill mandating how DOT should 
value certain loan collateral. CBO estimates that enacting 
those provisions would increase direct spending by $210 million 
over the 2013-2022 period.

Spending subject to appropriation

    Subject to appropriation of the specified and necessary 
amounts, CBO estimates that implementing H.R. 7 would have 
discretionary costs of $170 billion over the 2012-2017 period.
    Spending from the Highway Trust Fund. CBO expects that the 
contract authority provided in the bill would be controlled by 
limitations on obligations set in annual appropriation acts. 
CBO estimates that H.R. 7 would authorize total obligation 
limitations of $202 billion over the 2013-2016 period, 
including $163 billion for programs administered by FHWA and 
about $34 billion for programs administered by FTA. While this 
bill would not authorize an obligation limitation level for 
programs administered by NHTSA or FMCSA, CBO's estimate of 
discretionary spending under this legislation assumes 
obligation limitations that are equal to the contract authority 
provided in the bill for programs administered by those 
agencies--$5 billion. (Historically the Congress has set 
obligation limitations at or near such levels.) For this 
estimate, CBO did not project this discretionary authority past 
fiscal year 2016, the end of the authorization period covered 
by the legislation. Because the 2012 obligation limitation has 
already been enacted, CBO's estimate of the costs of the bill 
include the amounts authorized for 2013-2016. CBO estimates 
that implementing those provisions would cost $164 billion over 
the 2013-2017 period.
    Federal Transit Administration. H.R. 7 would authorize the 
appropriation of about $2.1 billion a year over the 2013-2016 
period. Those amounts could be used for: grants to state and 
local governments to construct new transit systems that use 
dedicated or controlled rights-of-way (such as subways or light 
rail lines) including costs to develop corridors to support 
such systems; programs to carry out research, outreach, and 
technical assistance; and administrative costs for the FTA. 
Assuming appropriation of the authorized amounts, CBO estimates 
that implementing those provisions would cost about $5.6 
billion over the 2012-2017 period.
    Bridge and Tunnel Inspection. Section 1114 would expand the 
detail and scope of the current national bridge inspection 
program and require safety inspections of tunnels. Implementing 
this provision would increase the frequency of inspections of 
federally owned bridges and would add to the training that 
inspectors of those bridges need in order to perform this work. 
Current regulations require that federal agencies that own and 
operate bridges on public roads comply with all safety 
requirements under DOT's bridge program. There are about 9,000 
such bridges nationwide, mostly owned by the Departments of 
Agriculture, Defense, and the Interior. Based on information 
from DOT, CBO estimates that implementing this provision would 
cost $28 million over the 2012-2017 period, assuming 
appropriation of the necessary amounts.
    Other Authorized Programs. H.R. 7 also would authorize the 
appropriation of $157 million over the 2012-2016 period for 
grants to emergency responders for training and planning 
activities related to the transportation of hazardous 
materials. It would also authorize the appropriation of $50 
million, in 2013, to cover the cost of providing certain RRIF 
program loans to install safety equipment. CBO estimates that 
enacting those provisions would cost $196 million over the 
2012-2017 period.

Revenues

    Enacting H.R. 7 could result in the collection of 
additional civil penalties because it would increase the amount 
of such penalties that DOT could impose for violating certain 
safety regulations affecting motor carriers. The bill would 
also create new civil penalties for violating FMCSA 
regulations. Penalties are recorded in the federal budget as 
revenues and deposited in the U.S. Treasury. CBO estimates that 
any additional collections under the bill would be 
insignificant.
    Pay-as-you-go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in the following table.

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 7, THE AMERICAN ENERGY AND INFRASTRUCTURE JOBS ACT OF 2012, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON
                                                  TRANSPORTATION AND INFRASTRUCTURE ON FEBRUARY 2, 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2012   2013   2014   2015   2016   2017   2018   2019   2020   2021   2022  2012-2017  2012-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT

Statutory Pay-As-You-Go Impact.......................      0     15     20     21     22     32     32     32     42     42     42       110        300
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: CBO has 
determined that the nontax provisions of H.R. 7 contain 
intergovernmental and private-sector mandates as defined in 
UMRA by imposing new safety standards on manufacturers, owners, 
and operators of motorcoaches and new standards for schools 
that offer training for operators of commercial motor vehicles. 
The bill would impose additional intergovernmental mandates on 
states and would preempt state, local, and tribal laws and 
regulations governing safety standards for motorcoaches, the 
transportation of hazardous and radioactive materials, and the 
ability of some state and local governments to hear some 
environmental cases. H.R. 7 also would impose several new 
private-sector mandates. For example, employers would be 
charged a fee for complying with the requirement to check the 
records of certain employees through FMCSA's clearinghouse 
concerning alcohol and drug use. Manufacturers, owners, and 
operators of agricultural equipment would have to comply with 
new safety standards. Freight forwarders and brokers would have 
to comply with new registration requirements, and meet a higher 
minimum threshold of financial responsibility. The bill also 
would impose mandates on Amtrak, owners and operators of motor 
vehicles transporting radioactive materials and other entities.
    Because of uncertainty about the number of entities 
affected and the scope of future regulations--particularly 
those governing motorcoach safety--CB0 cannot determine whether 
the aggregate cost of the mandates in the bill would exceed the 
annual thresholds established in UMRA for intergovernmental or 
private-sector mandates ($73 million and $146 million in 2012, 
respectively, adjusted annually for inflation).
    Previous CBO estimates: CBO provided cost estimates for 
several bills that were ordered reported by the Senate 
Committee on Commerce, Science, and Transportation on December 
14, 2011: S. 1449, the Motor Vehicle and Highway Safety 
Improvement Act of 2011; S. 1950, the Commercial Motor Vehicle 
Safety Enhancement Act of 2011; S. 1952, the Hazardous 
Materials Transportation Safety Improvement Act of 2011; and S. 
1953, the Research and Innovative Technology Administration 
(RITA) Reauthorization Act of 2011. CBO also provided cost 
estimates for: S. 1813, the Moving Ahead for Progress in the 
21st Century Act, as ordered reported by the Senate Committee 
on Environment and Public Works on November 9, 2011, with 
language provided to CBO on February 2, 2012; and the Federal 
Public Transportation Act of 2012 as ordered reported by the 
Senate Committee on Banking on February 2, 2012. Those bills 
would reauthorize programs administered by NHTSA, FMCSA, the 
Pipelines and Hazardous Materials Administration, RITA, FHWA, 
and FTA, respectively. Among other things, the Senate bills 
would reauthorize the DOT programs only through 2013, while 
H.R. 7 would reauthorize them through 2016. The CBO cost 
estimates reflect those differences.
    Estimate prepared by: Federal Costs: Sarah Puro--FHWA, 
NHTSA, FMCSA, and FRA Programs Susan Willie--Transit Programs; 
Impact on State, Local, and Tribal Governments: Ryan Miller; 
Impact on the Private Sector: Vi Nyguyen.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 7 is intended to streamline 
surface transportation programs, expedite project review and 
delivery, increase private sector participation in building 
transportation infrastructure, provide long-term, stable 
funding for surface transportation programs through FY 2016, 
and improve transportation safety.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 7 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

    The following describes the bill as reported by the 
Committee.

Sec. 1. Short title

    This section provides the short title and table of 
contents.

Sec. 2. General definitions

    This section provides the general definitions.

Sec. 3. Effective date

    This section provides that Titles I through VII of this 
Act, including amendments made by those titles, shall take 
effect on October 1, 2012.

                     TITLE I--FEDERAL-AID HIGHWAYS

Sec. 1001. Amendments to title 23, United States Code

    This section states that amendments or repeals referenced 
in this title are made to title 23, United States Code.

                 Subtitle A--Authorization of Programs

Sec. 1101. Authorization of appropriations

    Subsection (a) authorizes funding levels for the following 
programs to be appropriated out of the Highway Trust Fund 
(other than the Alternative Transportation Account) for each of 
fiscal years 2013 through 2016:
           National Highway System Program
           Surface Transportation Program
           Highway Safety Improvement Program
           Tribal Transportation Program
           Federal Lands Transportation Programs
           Recreational Trails Program
           Appalachian Development Highway System 
        Program
    Subsection (b) authorizes the following programs to be 
funded out of the Alternative Transportation Account of the 
Highway Trust Fund for each of fiscal years 2013 through 2016:
           Congestion Mitigation and Air Quality 
        Improvement Program
           Ferry Boat and Ferry Terminal Facilities 
        Program
           Puerto Rico Highway Program
           Territorial Highway Program
    Subsection (c) defines the term ``small business concern'' 
of Disadvantaged Business Enterprises pursuant to section 3 of 
the Small Business Act. The term excludes a socially and 
economically disadvantaged individual or individuals that have 
average annual gross receipts during the preceding 3 fiscal 
years in excess of $22,410,000. Small business concerns will 
receive no less than 10 percent of the amounts made available 
for any program under title I, II, and III of this Act and 23 
U.S.C. Sec. 403.

Sec. 1102. Highway obligation ceiling

    Subsection (a) sets the obligation limitation for all 
federal-aid highway contract authority programs authorized to 
be appropriated out of the Highway Trust Fund (other than the 
Alternative Transportation Account). The obligations for these 
programs shall not exceed--
           $37,366,000,000 for fiscal year 2013;
           $37,621,000,000 for fiscal year 2014;
           $37,676,000,000 for fiscal year 2015;
           $38,000,000,000 for fiscal year 2016.
    Subsection (b) lists the programs that do not apply to the 
exceptions under subsection (a).
    Subsection (c) sets the guidelines the Secretary must 
follow when distributing obligation authority.
    Subsection (d) directs the Secretary to redistribute unused 
obligation authority each fiscal year.
    Subsection (e) requires the Secretary to distribute to the 
states any funds that are authorized to be appropriated for the 
fiscal year towards federal-aid highway programs and what will 
not be allocated to the states due to any obligation limitation 
for the fiscal year. Funds distributed under paragraph (1) will 
use the same ratio as subsection (c)(4) and are available for 
any purpose described in 23 U.S.C. Sec. 133(b).
    Subsection (f) requires obligation authority distributed 
for a fiscal year under subsection (c)(3) to remain available 
until used by the eligible entity and be in addition to the 
amount of any limitation imposed on obligations for federal-aid 
highway contract authority programs for future fiscal years.

Sec. 1103. Alternative Transportation Account obligation ceiling

    Subsection (a) directs that the total obligations from 
amounts made available from the Alternative Transportation 
Account of the Highway Trust Fund for the programs which sums 
are authorized to be appropriated under sections 1101(b) and 
7001 of this Act shall not exceed $2,707,000,000 for each of 
fiscal years 2013 through 2016. The $2.707 billion obligation 
ceiling in this section is inclusive of the $440 million 
obligation ceiling in section 7002 of this Act.
    Subsection (b) amends 23 U.S.C. Sec. 118(a) to clarify that 
programs funded out of the Alternative Transportation Account 
are contract authority programs.

Sec. 1104. Apportionment

    This section amends 23 U.S.C. Sec. 104.
    Subsection (a) authorizes $400,000,000 towards 
administrative expenses of the Federal Highway Administration 
(FHWA) for each of fiscal years 2013 through 2016. This sum 
includes funds for the Appalachian Regional Commission to cover 
the administrative activities of the Appalachian development 
highway system.
    Subsection (b) requires the Secretary to distribute the 
remainder of the sums authorized for expenditure on the 
National Highway System program, the congestion mitigation and 
air quality improvement program, the surface transportation 
program, and the highway safety improvement program to eligible 
states through specified formulas.
    Subsection (c) requires the Secretary to calculate the deck 
area for highway bridges on the National Highway System that 
are eligible for replacement and rehabilitation.
    Subsection (d) directs the Secretary to certify to each of 
the state transportation departments the sums apportioned them 
by October 1 of each fiscal year.
    Subsection (e) requires annual audits of financial 
statements of the Highway Trust Fund to be conducted by the 
Office of Inspector General of the Department of 
Transportation.
    Subsection (f) directs the Secretary to set-aside 1.15 
percent of the funds authorized to be appropriated for the 
National Highway System program and surface transportation 
program each fiscal year to carry out the metropolitan planning 
requirements of 49 U.S.C. Sec. 5203. The funds set aside under 
this subsection are apportioned to the states in the ratio 
which the population in the urbanized areas in each state bears 
to the total population in such urbanized areas in all the 
states. No state shall receive less than \1/2\ of 1 percent of 
the amount apportioned. States must make the set aside amounts 
under this subsection available to the metropolitan planning 
organizations of their state in order to carry out 49 U.S.C. 
Sec. 5203. States that receive the minimum apportionment may 
use their funds to finance transportation planning outside of 
urbanized areas, subject to the approval of the Secretary. Any 
unused funds for 49 U.S.C. Sec. 5203 may be used to fund 
activities for section 5204 of such title. The distribution of 
planning funds under paragraph (3) within any state must be in 
accordance with a formula developed by each state and approved 
by the Secretary.
    Subsection (g) requires the Secretary to submit a report to 
Congress detailing for each state the amount obligated for 
federal-aid highways and highway safety construction programs, 
and for other purposes.
    Subsection (h) allows funds made available for transit 
projects or transportation planning under this title to be 
transferred to and administered by the Secretary in accordance 
with chapter 53 of title 49. Paragraph (3) allows the Secretary 
to transfer funds apportioned or allocated under this title to 
the state, to another state or the Federal Highway 
Administration (FHWA). A state must have written consent from 
the appropriate metropolitan planning organization if the state 
is to transfer funds under the surface transportation program.
    Subsection (i) directs the Secretary, before appropriating 
authorized sums, to deduct $840,000 for administrative, 
research, technical assistance, and training expenses to carry 
out the recreational trails program under 23 U.S.C. Sec. 206, 
for each fiscal year.

Sec. 1105. Federal-aid systems

    This section amends 23 U.S.C. Sec. 103(b) to incorporate 
modifications to the National Highway System, inserting a 
mention of commerce and border crossings, and further modifies 
the components of the National Highway System. A new paragraph 
(6) is added that requires each state to implement a risk-based 
state asset management plan for managing all infrastructure 
assets in the right-of-way corridor with specific requirements 
for such plan. A state asset management plan shall include 
strategies leading to a program of projects that will make 
progress toward achievement of the national goals for 
infrastructure condition and performance of the National 
Highway System. If a state fails to implement such a plan 
consistent with this section, the federal share payable on 
account of any project or activity is changed to 70 percent 
under 23 U.S.C. Sec. 119.

Sec. 1106. National Highway System program

    This section amends 23 U.S.C. Sec. 119 to require the 
Secretary to establish the National Highway System program and 
define its purpose. Only facilities located on the National 
Highway System are eligible for program funding. Eligible 
projects must: be located on an eligible facility, support 
progress towards national performance goals, be consistent with 
requirements of 49 U.S.C. Sec. 5203 and Sec. 5204, and satisfy 
an acceptable project purpose. Project sponsors have the 
authority to give preference to mitigating environmental 
impacts through the use of a mitigation bank or another third-
party mitigation arrangement.
    The federal share of the cost of a project payable from 
funds made available to carry out this section shall be 
determined under 23 U.S.C. Sec. 120(b).

Sec. 1107. Surface transportation program

    Subsection (a) amends 23 U.S.C. Sec. 133(b) by striking 
paragraphs (1), (14) and (15). New paragraphs (1) through (4) 
establish the eligible projects under the surface 
transportation program.
    Subsection (b) amends 23 U.S.C. Sec. 133(c) by prohibiting 
projects funded by this program to be undertaken on roads 
functionally classified as local or rural minor collectors 
unless the roads were on a federal-aid highway system in 1991.
    Subsection (c) repeals 23 U.S.C. Sec. 133(d)(2). 23 U.S.C. 
Sec. 133(d)(3) is amended by changing the percentage of funds 
that is required to be spent on urbanized areas with population 
over 200,000. Paragraph (E) requires a state to consult with 
the local rural planning organization, if any, before 
obligating funding for projects in a population area of 5,000 
to 200,000.
    Subsection (d) amends 23 U.S.C. Sec. 133(e)(3) to require 
the Secretary to make payments to a state for costs incurred by 
the state for the surface transportation program.
    Subsection (e) amends 23 U.S.C. Sec. 133(f)(1) by inserting 
the correct fiscal years.
    Subsection (f) allows up to 15 percent of the amounts 
required to be obligated by a state to be obligated on roads 
functionally classified as minor collectors. The Secretary has 
the authority to suspend this application if it is being used 
excessively by the state.
    The surface transportation program supports a broad range 
of eligible projects. As such, the Committee encourages state 
departments of transportation to consider the needs of 
communities of all sizes and the demand for all types of 
eligible projects when deciding which projects to fund through 
the surface transportation program.

Sec. 1108. Congestion mitigation and air quality improvement program

    Subsection (a) amends 23 U.S.C. Sec. 149(b) by setting 
requirements for the obligation of funds. A project qualifies 
if the project is located in an area of the state that is or 
was designated as a nonattainment area for ozone, carbon 
monoxide, or particulate matter under section 107(d) of the 
Clean Air Act. A project also qualifies if it is determined the 
project will contribute to the attainment of a national ambient 
air quality standard, the maintenance of a national ambient air 
quality standard in a maintenance area, has been approved in a 
state implementation plan pursuant to the Clean Air Act, 
mitigates congestion, or is found to reduce travel time delay, 
vehicle miles traveled or fuel consumption.
    A state may obligate funds for a project or program that 
will result in the construction of new capacity available to 
single occupant vehicles only if it will help mitigate 
congestion or improve air quality. Projects for PM-10 
nonattainment areas and projects that establish or support the 
establishment of electric vehicle battery charging facilities 
also qualify. In addition, projects for electric vehicle 
infrastructure that establish electric vehicle battery charging 
facilities qualify and may be carried out by a state, local 
agency, or public-private partnership.
    Subsection (b) amends 23 U.S.C. Sec. 149 by striking 
subsection (f).

Sec. 1109. Equity bonus program

    This section amends 23 U.S.C. Sec. 105 to apportion among 
the states amounts sufficient to ensure that each state receive 
a minimum return on the dollars that state contributes to the 
Highway Trust Fund.
    For each of fiscal years 2013 through 2016, the percentage 
referred to in subsection (a) for each state shall be a minimum 
of 94 percent of the quotient obtained.
    For each fiscal year, the Secretary shall apportion among 
the states amounts sufficient to ensure that each state 
receives a combined total apportionment for the programs in 
subsection (a)(2) and the congestion mitigation and air quality 
improvement program that equals or exceeds the combined amount 
that the state was apportioned for fiscal year 2012 for the 
programs specified in 23 U.S.C. Sec. 105(a)(2). In determining 
a state's combined apportionment for fiscal year 2012, the 
Secretary shall not consider amounts apportioned to the state 
for such fiscal year under section 111(d)(1) and (3) of the 
Surface Transportation Extension Act of 2011, Part II (PL 112-
30).
    The manner by which the Secretary apportions the amounts 
made available through this program to programs in each state 
is provided. The Secretary shall apportion the amounts made 
available under this section that exceed $2,639,000,000 so that 
the amount apportioned to each state for programs in this 
section is equal to the amount determined by multiplying the 
amount to be apportioned to such state under this section. No 
set-aside under 23 U.S.C. Sec. 104(f) applies to funds 
allocated under this section.
    There are authorized to be appropriated out of the Highway 
Trust Fund, subject to paragraphs (2) and (3), $3,900,000,000 
for each of fiscal years 2013 through 2016.
    If the amounts in paragraph (1) are below the minimum 
percentage of total apportionments required for each fiscal 
year, the amount will be increased by the amount of the 
shortfall to meet the minimum requirement. If the amounts in 
paragraph (1) are above the minimum percentage of total 
apportionments required for each fiscal year, the amount will 
be decreased by the amount of the surplus.

Sec. 1110. Project approval and oversight

    Subsection (a) amends 23 U.S.C. Sec. 106(c)(1) to allow 
states to assume the responsibility of the Secretary for 
design, plans, specifications, estimates, contract awards, and 
inspections for projects on the National Highway System.
    Subsection (b) amends 23 U.S.C. Sec. 106(e) by requiring a 
state to provide a value engineering analysis for projects on 
the National Highway system with a total estimated cost of 
$50,000,000 and bridge projects on the National Highway System 
with a total estimated cost of $40,000,000. The requirements of 
subsection (e) do not apply to projects delivered under a 
design-build method.
    Subsection (c) amends 23 U.S.C. Sec. 106(h)(3) to require 
the financial plan to assess the appropriateness of a public-
private partnership to deliver a project.
    Subsection (d) amends 23 U.S.C. Sec. 106 by adding 
subsection (j). This new subsection requires the Secretary to 
encourage the use of advanced modeling technologies during 
environmental, planning financial management, design, 
simulation, and construction processes for projects that 
receive federal funding.

Sec. 1111. Emergency relief

    Subsection (a) amends 23 U.S.C. Sec. 125(d) to allow the 
Secretary to expend funds from the emergency fund for repair or 
reconstruction of federal-aid highways. The maximum project 
cost under this section cannot exceed the cost of repair or 
construction of a comparable facility. Debris removal is an 
eligible expense under certain circumstances. The U.S. 
Territories may not receive more than $20,000,000 in a single 
fiscal year. Actual and necessary costs of maintenance and 
operation of ferryboats and additional transit services 
providing temporary substitute highway traffic service may be 
expended from the emergency fund. The Governor or President 
must declare an emergency in order to receive assistance under 
this section and the state must provide a list of projects and 
costs to the Secretary no later than two years after an 
emergency declaration.
    Subsection (b) amends subsection (e) to update emergency 
relief to include the repair or reconstruction of tribal roads, 
federal lands highways, and other federally owned roads that 
are open to public travel, even if the roads are not on 
federal-aid highways. ``Open to public travel'' is defined.
    Subsection (c) requires a rulemaking to update regulations 
governing the emergency relief program from the Secretary.
    Subsection (d) requires the Secretary to take steps to 
improve the emergency relief program implementation.

Sec. 1112. Uniform transferability of federal-aid highway funds

    This section amends 23 U.S.C. Sec. 126 to allow a state to 
transfer up to 25 percent of the state's apportionments under 
the National Highway System program, the surface transportation 
program, and the highway safety improvement program for a 
fiscal year to any other apportionment of the state under any 
of those programs for that fiscal year. No funds may be 
transferred under this section that are subject to 23 U.S.C. 
Sec. 104(f) or 23 U.S.C. Sec. 133(d)(3).

Sec. 1113. Ferryboats and ferry terminal facilities

    This section amends 23 U.S.C. Sec. 147 by striking 
subsections (c), (d), and (e) and inserting a new subsection 
(c). Subsection (c) establishes the formula to determine what 
each eligible state shall receive to carry out this program for 
each fiscal year.

Sec. 1114. National highway bridge and tunnel inventory and inspection 
        program

    Subsection (a) requires the Secretary to inventory all 
bridges and tunnels and identify those that are structurally 
deficient or functionally obsolete. A risk-based priority must 
then be established for the structurally deficient or 
functionally obsolete bridges and tunnels taking multiple 
safety and public use factors into consideration. The cost for 
replacing the structurally deficient or functionally obsolete 
structure must be determined.
    Subsection (b) requires the Secretary to establish and 
maintain inspection standards for the proper safety inspection 
and evaluation of all highway bridges and tunnels in the 
inventory. The Secretary must annually review state compliance 
standards, and in instances of noncompliance, allow the state 
to develop a corrective action plan. If the issue goes 
unresolved, a penalty shall be handed down to the state.
    Subsection (c) directs the Secretary to establish a program 
designed to train personnel to carry out highway bridge and 
tunnel inspections.
    Subsection (d) allows the Secretary to use funds from 23 
U.S.C. Sec. 104(a) and 23 U.S.C. Sec. 503; a state to use from 
funds from 23 U.S.C. Sec. 104(b)(1), Sec. 104(b)(3), and 
Sec. 104(b)(5); an Indian tribe to use funds from 23 U.S.C. 
Sec. 502; and a federal agency to use funds from 23 U.S.C. 
Sec. 503 to carry out this section.

Sec. 1115. Minimum investment in highway bridges

    Subsection (a) requires states with a total highway bridge 
deck area on the National Highway System that is more than 10 
percent structurally deficient to spend 10 percent of their 
allocation under 23 U.S.C. Sec. 104(b)(1) and Sec. 104(b)(3) on 
eligible projects on highway bridges. An amount equal to 110 
percent of the amount that the state was required to expend for 
fiscal year 2009 on projects under 23 U.S.C. Sec. 144(f)(2) 
shall be available to the states only for eligible projects not 
on federal-aid highways if the Secretary determines for the 
fiscal year that more than 15 percent of the total deck area of 
highway bridges not on federal-aid highways in the state is 
located on highway bridges not on federal-aid highways that 
have been classified as structurally deficient. States that 
have more than 2,000 structurally deficient highway bridges not 
on federal-aid highways are also eligible.
    Subsection (b) amends 23 U.S.C. Sec. 217(e) regarding 
safety accommodations when rehabilitating and replacing a 
bridge with bicycle lanes.

Sec. 1116. Minimum penalties for repeat offenders for driving while 
        intoxicated or driving under the influence

    This section amends 23 U.S.C. Sec. 164(a) to allow states 
to qualify for this section if they have a state law to suspend 
all repeat offender intoxicated drivers of their driving 
privileges for not less than 1 year or suspend driving 
privileges for 1 year with limited driving privileges permitted 
if an ignition interlock device is installed on the motor 
vehicle owned or operated by the individual. This section does 
not mandate that states adopt ignition interlock laws.

Sec. 1117. Puerto Rico highway program

    23 U.S.C. Sec. 165 is amended by striking subsections (a) 
and (b) and inserting two new subsections. The Secretary is 
required to allocate funds made available for the fiscal year 
to carry out a highway program in the Commonwealth of Puerto 
Rico.

Sec. 1118. Appalachian development highway system

    This section requires the Secretary to apportion funds to 
the Appalachian development highway system program. Funds for 
this program are made available for obligation and 
administration. The federal share of the cost of any project 
under this section must be in accordance with 40 U.S.C. 
Sec. 14501, to construct highways and access roads. Funds will 
remain available until expended. This section also allows 
states to use toll credits for the non federal share for 
projects on the Appalachian development highway system.

Sec. 1119. References to Mass Transit Account

    Any reference to the Mass Transit Account in 23 U.S.C. or 
49 U.S.C. shall refer to the Alternative Transportation 
Account.

                    Subtitle B--Innovative Financing

Sec. 1201. Transportation Infrastructure Finance and Innovation

    Subsection (a) modifies the definitions for this section.
    Subsection (b) makes the following changes to 23 U.S.C. 
Sec. 602:
    23 U.S.C. Sec. 602. Applications and determinations of 
eligibility
            ``23 U.S.C. Sec. 602(a). Project applications
    This subsection allows a state, local government, agency of 
a state or local government, public authority, private party to 
a public-private partnership, or any other legal entity to 
submit an application for financial assistance. Applicants may 
request assistance to be provided under a master credit 
agreement.
            ``23 U.S.C. Sec. 602(b). Eligibility
    This subsection sets the criteria a project must meet in 
order to receive financial assistance. The project must be able 
to demonstrate and satisfy the following: planning and 
programmatic requirements, creditworthiness, dedicated revenue 
sources, regional significance, public sponsorship of private 
entities, and project readiness, among other factors.
            ``23 U.S.C. Sec. 602(c). Preliminary rating opinion letter
    This subsection requires each applicant to provide a 
preliminary opinion letter from a rating agency showing the 
potential to achieve an investment-grade rating.
            ``23 U.S.C. Sec. 602(d). Approval of applications and 
                    funding
    This subsection establishes an approval process for the 
Secretary for applications and project funding.
            ``23 U.S.C. Sec. 602(e). Procedures for determining project 
                    eligibility
    This subsection establishes procedures for approval or 
disapproval of applications based on whether the projects meet 
the criteria specified in subsection (b)(2).
            ``23 U.S.C. Sec. 602(f). Application approval
    This subsection provides that approved applications qualify 
the project for execution of a term sheet establishing a 
conditional commitment of credit assistance.
            ``23 U.S.C. Sec. 602(g). Federal requirements
    This subsection sets the federal requirements the project 
must comply with in order to receive federal funding.
            ``23 U.S.C. Sec. 602(h). Development phase activities
    This subsection allows any approved credit instrument to 
finance 100 percent of the cost of the development phase 
activities if the total amount of the credit instrument does 
not exceed the maximum amount prescribed in this chapter.
    Subsection (c) of section 1201 amends 23 U.S.C. Sec. 603. 
Section 603(a)(1) is amended by adding a reference to master 
credit agreements. Secured loans may not exceed 49 percent of 
the anticipated eligible project costs. The paragraph relating 
to how a secured loan shall be payable is modified. The 
paragraph relating to nonsubordination in the event of 
bankruptcy, insolvency or liquidation is modified.
    Subsection (d) of section 1201 amends 23 U.S.C. Sec. 604 to 
conform to sections amended by this Act. Secured loans may not 
exceed 49 percent of the anticipated eligible project costs. 
The paragraph relating to how a secured loan shall be payable 
is modified. The paragraph relating to nonsubordination in the 
event of bankruptcy, insolvency or liquidation is modified. The 
percentage referred to in subsection (b)(10) is amended to 49 
percent.
    Subsection (e) of section 1201 amends 23 U.S.C. Sec. 605 by 
adding a new subsection (e) to require the Secretary to 
implement procedures and measures to expedite the approval 
process.
    Subsection (f) of section 1201 amends 23 U.S.C. 
Sec. 608(a)(1). Subsection (a)(1) authorizes $1,000,000,000 for 
each of fiscal years 2013 through 2016 to be appropriated out 
of the Highway Trust Fund to carry out this chapter. $3,250,000 
is appropriated for each of fiscal years 2013 through 2016 for 
administrative costs to carry out this chapter. The amount of 
budget authority administered to a master credit agreement is 
limited to 15 percent. A new subsection (c) is added to require 
the Secretary to publish a notice in the Federal Register and 
notice to applicants. Applicants are allowed to pay the subsidy 
amount other than budget authority in a fiscal year. A new 
subsection (d) is added to require the Secretary to distribute 
any unallocated funds at the end of a fiscal year. The 
remaining budget authority must be distributed to the states 
via formula.

Sec. 1202. State infrastructure bank program

    This section amends 23 U.S.C. Sec. 610(d) to increase the 
amount a state can deposit into the highway account of their 
state infrastructure bank from 10 percent of the funds 
apportioned to the state to 15 percent. State infrastructure 
banks may not exceed 100 percent of the funds capitalized under 
23 U.S.C. Sec. 611 for each of fiscal years 2013 through 2016.

Sec. 1203. State infrastructure bank capitalization

    This section amends chapter 6 of 23 U.S.C. by adding a new 
section, section 611, to require the Secretary to apportion the 
funds to carry out this section on October 1 of each fiscal 
year. States must make capitalization grants to their state's 
infrastructure bank with their apportioned funding. Beginning 
in FY 2015, the Secretary shall reapportion the remaining funds 
among states that do not obligate the funds to the other states 
that used the funds to capitalize their state's infrastructure 
bank.
    A recalculation under 23 U.S.C. Sec. 105 is precluded for 
funds reapportioned under subsection (c). All the requirements 
in 23 U.S.C. Sec. 610(h) apply to any funds apportioned under 
this section. $750,000,000 is authorized to be appropriated out 
of the Highway Trust Fund for each of fiscal years 2013 through 
2016. These funds are available for obligation and 
administration in the same manner as if the funds were 
apportioned under chapter 1.

Sec. 1204. Tolling

    Subsection (a) amends 23 U.S.C. Sec. 129(a) to permit 
federal participation in toll projects in the same manner as 
construction of toll-free highways. Conditions of facility 
ownership are set. Limitations on how toll revenues can be used 
are set. Public authorities with jurisdiction over a toll 
facility must conduct an annual audit of toll facility records 
to verify adequate maintenance and compliance. If found 
noncompliant, the Secretary has the right to require the 
authority to discontinue collecting tolls until a compliance 
plan is agreed upon.
    Public authorities with jurisdiction over a high occupancy 
vehicle facility may undertake reconstruction, restoration, or 
rehabilitation on the facility. They may levy tolls on 
vehicles, excluding high occupancy vehicles, using that 
facility if certain requirements are met. The authority has the 
right to set the toll rate and exempt or designate special 
tolls for certain classes of vehicles. The federal share 
payable for a project is a percentage determined by the state 
but cannot exceed 80 percent.
    States are given the ability to loan to a public or private 
entity constructing a toll facility, or non-toll facility, with 
a dedicated revenue source that equals or partly equals the 
federal share for the project. States must pass a law to permit 
tolling, if there is no law already in place, before they are 
permitted to toll.
    Subsection (b) requires all toll facilities on the federal-
aid highway system to implement technologies that provide for 
the interoperability of electronic toll collection programs 
within two years of enactment.

Sec. 1205. HOV facilities

    This section amends 23 U.S.C. Sec. 166. Section 166(b)(5) 
is amended by extending the date for low emission and energy 
efficient vehicles use of HOV facilities. Section 166(c)(3) is 
amended to subject toll revenue to the requirements of section 
129(a)(3). Section 166(d)(2) is amended to add a new paragraph 
to the end that requires the state to maintain operating 
performance with the minimum average operating speed 
performance standard.

Sec. 1206. Public-private partnerships

    This section requires the Secretary to compile best 
practices on how the government can work with the private 
sector in the development, financing, construction, and 
operation of transportation facilities. Best practices must 
include policies and techniques to ensure that the interests of 
the traveling public are met and the government is protected in 
any agreement with the private sector. The Secretary may 
provide technical assistance on public-private partnerships to 
states, upon request. The Secretary is required to develop 
standard public-private partnership model contracts for the 
most popular types of public-private partnerships for use by 
states and local governments.

                       Subtitle C--Highway Safety

Sec.1301. Highway safety improvement program

    This section amends 23 U.S.C. Sec. 148, the highway safety 
improvement program.
    Subsection (a) provides definitions for terms used in this 
section.
    Subsection (b) directs the Secretary to carry out a highway 
safety improvement program.
    Subsection (c) requires states to have a highway safety 
improvement program in order to receive funds apportioned under 
this section. Each state must have a highway safety plan as 
part of their highway safety program that is developed in 
consultation with transportation stakeholders, sets highway 
safety goals, identifies highway safety projects and is 
consistent with performance measures established under title 
49, U.S.C. Each highway safety plan must consider hazardous 
roadway features, determine priorities for the correction of 
such features, identify the 100 most dangerous roads in the 
state, and evaluate the progress made each year in achieving 
state safety goals. Eligible projects under this program may be 
carried out on any public road, pathway or trail, may improve 
the safety data system of the state, may maintain minimum 
levels of retroreflectivity, or be consistent with the FHWA's 
publication titled ``Highway Design Handbook for Older Drivers 
and Pedestrians''. Funds apportioned to a state under section 
104(b) may not be used to carry out a program to purchase, 
operate or maintain an automated traffic enforcement system. 
The definition of ``automated traffic enforcement system'' 
includes enforcement systems such as red light cameras, speed 
cameras, or automated license plate readers. This section is 
not intended to diminish or preclude enforcement of commercial 
motor vehicle regulations under title 23 or title 49.
    Subsection (d) allows states to flex not more than 10 
percent of their apportioned funds from this section for safety 
projects under any other section.
    Subsection (e) requires each state to have in effect, as 
part of their highway safety improvement program, a safety data 
system that collects and maintains safety data on all public 
roads in that state.
    Subsection (f) requires all highway safety plans and 
reports submitted by states under this section to be available 
to the public.
    Subsection (g) prohibits any reports or data compiled under 
this section to be admissible as evidence in a federal or state 
court proceeding.
    Subsection (h) sets the federal cost share for a project 
carried out under this section at 90 percent.
    The Secretary shall issue guidance to states on the 
appropriate conditions under which the use of fixed or portable 
electronic messaging signs that relay work zone delay, travel 
times, and warning information to motorists should be used.

Sec. 1302. Railway-highway crossings

    Subsection (a) amends 23 U.S.C. Sec. 130(d) by requiring 
each state to make surveys and schedules available to the 
public.
    Subsection (b) amends 23 U.S.C. Sec. 130 by adding a new 
subsection (m) which requires each state to submit a report to 
the Secretary on the 10 railway-highway crossings in the state 
that have the greatest need for safety improvements, an action 
plan to address such safety needs, and a list of projects 
carried out at such crossings over the previous two years. All 
reports must be posted on the United States Department of 
Transportation's (USDOT) and each state's department of 
transportation website. Reports and data complied under this 
subsection are not admissible as evidence in a federal or state 
court proceeding. The Secretary may withhold funding under 
section 130 if a state fails to comply with this subsection.

Sec.1303. Highway worker safety

    Subsection (a) directs the Secretary to modify section 
630.1108(a) of title 23, Code of Federal Regulations, to ensure 
that highway construction workers are properly separated from 
highway traffic with proper barriers.
    Subsection (b) directs the Secretary to modify regulations 
issued pursuant to section 1402 of SAFETEA-LU that would allow 
fire services personnel to comply with apparel requirements set 
forth in such regulation.

                      Subtitle D--Freight Mobility

Sec. 1401. National Freight Policy

    Subsection (a) directs the Secretary to develop a 5-year 
National Freight Policy in consultation with public and private 
sector freight stakeholders, which is to include 
representatives of ports, shippers, carriers, freight-related 
associations, the freight industry workforce, state 
transportation departments, and local governments. The 
Committee believes the inclusion of local governments as a 
stakeholder to be consulted in the development of the National 
Freight Policy should be interpreted to include local air 
quality agencies where appropriate.
    The Secretary should work through the Office of Freight 
Management and Operations in FHWA to develop the National 
Freight Policy under this section. In developing the National 
Freight Policy, the Office of Freight Management and Operations 
should advise the Secretary on freight issues; facilitate 
communication among public and private stakeholders with 
respect to freight issues and provide recommendations to the 
Secretary on federal, state, and local public and private 
funding sources for projects with respect to freight.
    Subsection (b) directs the National Freight Policy to 
specify goals, objectives, and milestones with respect to the 
expansion of freight transportation capacity and the 
improvement of freight transportation infrastructure. The 
policy is to identify strategies, protocols, and processes to 
help achieve the goals and objectives and implement the policy.
    Subsection (c) directs the Secretary, in developing the 
National Freight Policy, to consider the goals of investing in 
freight infrastructure to strengthen economic competitiveness, 
meeting standards, expanding to meet future demand, improving 
safety, implement new technologies, and spurring performance 
and innovation, among other goals.
    Subsection (d) requires the Secretary to include the 
National Freight Policy in the National Strategic 
Transportation Plan developed under 49 U.S.C. Sec. 5205.
    Subsection (e) directs the Secretary to make changes to the 
commodity flow survey conducted by the Bureau of Transportation 
Statistics that will reduce identified freight data gaps and 
deficiencies and assist in forecasting transportation demand.

Sec. 1402. State freight advisory committees

    This section directs the Secretary to encourage states to 
establish a freight advisory committee consisting of public and 
private sector freight stakeholders, which include 
representatives of ports, shippers, carriers, freight-related 
associations, the freight industry workforce, the state's 
transportation department, and local governments. The Committee 
believes the inclusion of local governments in the list of 
stakeholders to be included in state freight advisory 
committees should be interpreted to include local air quality 
agencies where appropriate. The state freight advisory 
committee is required to advise the state on freight priorities 
and serve as a forum of discussion for state freight 
transportation decisions, among other roles.

Sec. 1403. State freight plans

    This section directs the Secretary to encourage each state 
to develop a freight plan that provides for the state's 
immediate and long-range planning activities and investments 
with respect to freight. The freight plan may be separate or 
part of the statewide strategic long-range transportation plan.

Sec. 1404. Trucking productivity

    Under current federal law, there are weight limits for 
trucks on the interstate system as well as width and length 
limits on the National Network (a system of approximately 
209,000 miles of roads including the interstate system 
specifically designated in federal regulations). In addition to 
these general standards, federal law includes provisions, 
exemptions and variations applicable to particular states, 
routes, vehicles, or operations creating a patchwork of 
restrictions across the United States. This section makes 
changes to the current size and weight limits in order to 
increase the efficiency of freight movement in the United 
States.
    This section authorizes the Secretary to carry out a pilot 
program to allow, by special permit, the operations of a 
vehicles with gross weight of up to 126,000 pounds on no more 
than three segments of an interstate highway that can be 
contiguous up to 25 miles each. The Committee believes, in 
order to show geographic and product diversity of commodities, 
an example of such diversity would be the hauling of coal in 
West Virginia and timber in Minnesota.
    This section authorizes states to issue special permits for 
overweight vehicles during a major disaster or emergency under 
the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act. This section provides a weight limit exemption for 
emergency vehicles. This section requires states to allow 
access on the National Network and reasonable access highways 
for double trailer trucks with 33-foot trailers and single 
trailer trucks with 53-foot trailers. This section prohibits a 
state from imposing a length limitation of less than 80 feet on 
an automobile transporter, a length limitation of less than 82 
feet on light- and medium-duty trailer manufacturers hauling 
trailers in a double configuration, or a kingpin-to-rear axle 
distance of 46 feet on livestock haulers. This section allows 
buses purchased after October 1, 2012, with a device for 
carrying luggage to operate with lengths up to 47 feet. This 
language applies to bus length only and should not be 
interpreted to be an implied exemption to weight limitations.

Sec. 1405. Study with respect to truck sizes and weights

    This section requires the Secretary to conduct a 3-year 
study with respect to truck sizes and weights. The Secretary 
shall examine the effect on principal arterial routes and 
National Highway System intermodal connectors that allowing 
nationwide operation of each covered truck configuration would 
have.
    This section requires the Secretary to evaluate the effect 
on safety of allowing specified truck configurations to 
operate, to estimate the full cost responsibility associated 
with each truck, to examine the ability of a representative 
sample of regions to meet repair and reconstruction needs, to 
estimate the extent to which freight would be diverted from 
other surface transportation modes to principal arterial routes 
and National Highway System intermodal connectors.

Sec. 1406. Maximum weight increase for idle reduction technology on 
        heavy duty vehicles

    This section increases the maximum gross vehicle weight 
limit and the axle weight limit for any heavy duty vehicle 
equipped with idle reduction technology from 400 pounds to 550 
pounds.

          Subtitle E--Federal Lands and Tribal Transportation

Sec.1501. Federal lands and tribal transportation programs

    This section replaces sections 201, 202, 203, and 204 of 
title 23 U.S.C. with section 201, general provisions, section 
202, the federal lands transportation program and section 203, 
the tribal transportation program.
    23 U.S.C. Sec. 201 is amended by creating two new programs; 
the tribal transportation program and the federal lands 
transportation program. Subsection (a) establishes guidelines 
for the programs and requires the programs to be administered 
by the Secretary of Transportation, in conjunction with the 
other Secretaries of the appropriate land management agencies. 
The Secretary charged with administering funds under the 
programs can enter into contractual obligations for engineering 
or related work for the design, development, and acquisition 
associated with a project or plans, specifications, and 
estimates associated with a project.
    The Secretary shall direct not less than 10 percent of any 
unused obligation authority for 23 U.S.C. Sec. 202 to the 
competitively awarded high priority projects program 
established under the tribal funding formula in 23 U.S.C. 
Sec. 202. The federal share payable for a project carried out 
under 23 U.S.C. Sec. 202 and Sec. 203 shall be 100 percent. The 
federal share payable for operating expenses under 23 U.S.C. 
Sec. 203 shall be 50 percent and the federal share payable for 
operating expenses under 23 U.S.C. Sec. 202 shall be consistent 
with the historical federal share before date of enactment of 
this Act.
    Subsection (e) requires the Secretary, in consultation with 
the other federal land management agencies, to establish 
transportation planning procedures for tribal transportation 
facilities and federal lands transportation facilities. As part 
of the transportation planning process, the Secretary shall 
develop a transportation improvement program consistent with 
the requirements of this subsection. The Secretary may use up 
to 5 percent of funds made available for 23 U.S.C. Sec. 203 for 
implementing activities described in this section and 
transportation planning activities.
    The Secretary establishes the tribal transportation program 
under 23 U.S.C. Sec. 202 to distribute funding to tribes for 
projects described in subsection (b). The Secretary has the 
authority to enter into contracts with states and tribes with 
respect to carrying out this section. Paragraph (6) limits the 
amount the Secretary of Transportation or the Secretary of the 
Interior may spend on program management, oversight, and 
administration to five percent of section 202 funds. With the 
consent of a tribe, the Secretary or a tribe may use funding 
under this section for maintenance and amount that does not 
exceed 25 percent of such funds or $500,000.
    The Bureau of Indian Affairs shall maintain primary 
responsibility for road maintenance programs on tribal 
reservations. The Secretary of the Interior shall ensure funds 
made available for maintenance of tribal transportation 
facilities shall be supplementary. States and tribes may enter 
into a road maintenance agreement. States, counties and other 
political subdivisions of a state shall be accepted when 
constructing or improving a tribal transportation facility. 
States may provide a portion of their apportioned funds under 
chapter I of title 23 U.S.C. to a tribe for projects on a 
tribal transportation facility. Construction of a project under 
23 U.S.C. Sec. 202 shall be performed through a competitively 
awarded contract.
    Funds authorized to be appropriated under 23 U.S.C. 
Sec. 202 shall be allocated among the tribes in accordance with 
the funding formula established under this section. The 
Secretary shall distribute the remainder authorized to be 
appropriated for the tribal transportation program under this 
section among Indian tribes pursuant to the Tribal 
Transportation Allocation Methodology described in subpart C of 
part 170 of title 25, Code of Federal Regulations (as in effect 
on the date of enactment of this Act). Nothing in this section 
should be construed to require the funding formula maintained 
by the Secretary of the Interior, as of date of enactment of 
this Act, to be altered or amended. The Secretary of the 
Interior shall maintain a national tribal transportation 
facility inventory that contains eligible transportation 
facilities under the tribal transportation program and shall 
accept into the inventory facilities submitted to the Secretary 
of the Interior by tribes no later than September 30, 2012 and 
every two years after such date. The inventory shall include 
facilities described in paragraph (B). Bridges included in the 
inventory shall be included on the national bridge inventory 
under 23 U.S.C. Sec. 151.
    The Secretary of the Interior shall maintain regulations 
governing the funding formula. The basis for the funding 
formula shall be consistent with currently established 
procedures under such formula. As part of the formula, the 
Secretary shall continue the high priority projects program 
established prior to date of enactment of this Act. No later 
than 30 days after funds are made available to the Secretary or 
Secretary of the Interior for this section, the funds shall be 
distributed to and available for tribes in accordance with the 
funding formula. A tribe may enter into a contract and 
agreement with funds made available under this section if they 
meet the health and safety requirements under paragraph (6). 
Contracts and agreements with tribes for program costs shall be 
made pursuant to paragraph (7). Contracts and agreements with 
tribes for tribal transportation facility projects and programs 
shall be made pursuant to paragraph (8).
    Subsection (d) allows the greater of two percent or $35,000 
of funds under this section to be available for transportation 
planning.
    Subsection (e) requires the Secretary to ensure that funds 
made available for a project under this section are 
supplementary to and not in lieu of the obligation of fair and 
equitable share of funds apportioned to such state under 23 
U.S.C. Sec. 104.
    Subsection (f) allows a tribe to be eligible for 
competitive or discretionary grants under title 23 U.S.C. or 
chapter 53 of title 49 U.S.C.
    23 U.S.C. Sec. 203, the federal lands transportation 
program, is established to distribute funding to the federal 
land management agencies. Funding for the program would be 
distributed to the National Park Service, the Forest Service, 
the United States Fish and Wildlife Service, the Corps of 
Engineers, and the Bureau of Land Management. Of the amounts 
authorized to be appropriated for the federal lands 
transportation program, the National Park Service, the Forest 
Service, and the United States Fish and Wildlife Service shall 
receive a minimum apportionment. The remaining funding is 
distributed through an application process by each federal land 
management agency.
    The Secretary of Transportation considers the extent to 
which each agency addresses transportation goals, including 
performance management as appropriate; addresses the resource 
management goals of the Secretaries of the respective federal 
land management agencies; and supports high-use federal 
recreation sites or economic generators. This section requires 
the federal land management agencies to maintain inventories of 
their transportation facilities that provide access to high-use 
federal recreation sites or are administered by the appropriate 
agency.

Sec. 1502. Definitions

    Subsection (a) repeals definitions in 23 U.S.C. 
Sec. 101(a).
    Subsection (b) adds definitions for ``Federal land 
management agency'', ``Federal lands'', ``Federal lands 
highway'', ``Federal lands transportation facility'', ``tribal 
road'', and ``tribal transportation facility'' to 23 U.S.C. 
Sec. 101(a).

Sec. 1503. Conforming amendments

    Subsection (a) amends 23 U.S.C. Sec. 120 by replacing the 
terms repealed in section 1502 of this Act with new terms added 
in 23 U.S.C. Sec. 101(a).
    Subsection (b) amends 23 U.S.C. Sec. 138(a) by replacing 
the reference to 23 U.S.C. Sec. 204 with a reference to 23 
U.S.C. Sec. 203.
    Subsection (c) amends 23 U.S.C. Sec. 139(j)(3) by changing 
the paragraph heading and replacing the reference to 23 U.S.C. 
Sec. 204 with a reference to 23 U.S.C. Sec. 202 and Sec. 203.
    Subsection (d) amends 23 U.S.C. Sec. 217(c) by changing the 
subsection heading and replaces the reference to term repealed 
in section 1502 of this Act with new terms in 23 U.S.C. 
Sec. 101(a).
    Subsection (e) amends 23 U.S.C. Sec. 315 by replacing the 
reference to 23 U.S.C. Sec. 204(f) and Sec. 205(a) with a 
reference to 23 U.S.C. Sec. 203(b)(4) and Sec. 205(a).

Sec. 1504. Repeals; effective date

    Subsection (a) repeals 23 U.S.C. Sec. 204 and Sec. 214.
    Subsection (b) clarifies that an amendment or repeal made 
by this subtitle shall not affect funds apportioned or 
allocated before the effective date.

Sec. 1505. Clerical amendment

    This section amends the analysis for chapter 2.

Sec. 1506. Tribal transportation self-governance program

    This section creates a new 23 U.S.C. Sec. 207, the tribal 
transportation self-governance program.
    Subsection (a) requires the Secretary to establish the 
tribal transportation self-governance program.
    Subsection (b) establishes the requirements that a tribe 
must meet in order to be eligible to participate in the 
program. The tribe must officially make a request to the 
Secretary to participate in the program and demonstrate 
financial stability and financial management capability for the 
preceding 3 fiscal years. For a tribe to meet the financial 
stability and financial management capability requirements, 
they must have had no uncorrected significant and material 
audit exceptions in the annual audit of the tribe's self-
determination contracts or self-governance funding agreements 
with any federal agency.
    Subsection (c) requires a compact with the Secretary and a 
tribe in order for a tribe to participate in the program. The 
compact establishes the general terms of the governmental 
relationship between the tribe and the United States. The 
compact can be amended only by mutual agreement.
    Subsection (d) requires the Secretary to enter in to an 
annual funding agreement with a tribe as part of the compact 
under subsection (c). The funding agreement authorizes the 
tribe to plan, conduct, consolidate, administer, and receive 
full tribal share funding and funding to tribes from 
discretionary grants for all programs, services, functions, and 
activities that are made available to the tribe for the tribal 
transportation program and other programs administered by the 
Secretary. If a state elects to provide a tribe with funds from 
the state's allocation under chapter I of title 23 for an 
eligible project under 23 U.S.C. Sec. 202, such funds shall be 
included in the funding agreement. If a state provides funds to 
a tribe through the funding agreement, the state is not 
responsible for constructing, maintaining, administering, or 
supervising a project using such funds. If a state provides 
funds to a tribe through the funding agreement, the tribe is 
responsible for constructing, maintaining, administering, or 
supervising a project using such funds. Pending a mutual 
agreement, the funding agreement shall include provisions for 
flexible and innovative financing. The Secretary may issue 
regulations on such flexible and innovative financing 
provisions but if no regulations are issued the provisions 
shall be consistent with agreements under contracts and 
agreements with tribes for tribal transportation programs and 
projects or regulations issued by the Department of the 
Interior relating to flexible financing.
    Tribes shall be eligible to participate in any competitive 
or discretionary grant program under transportation programs 
that states are allowed to participate in. The terms of a 
funding agreement shall identify programs, services, functions, 
and activities to be performed or administered by a tribe. All 
funding agreements established shall remain in effect until a 
subsequent funding agreement is executed. The Secretary cannot 
revise, amend, or add terms to a new or subsequent funding 
agreement without tribal consent unless such terms are required 
by federal law.
    Subsection (e) authorizes a tribe under a funding agreement 
to redesign or consolidate programs, services, function, and 
activities under the funding agreement. A tribe may reallocate 
or redirect funds for such programs, services, functions, and 
activities if the funds are expended on projects in the 
transportation improvement program and used with appropriations 
Acts and other statutory limitations. Discretionary funds 
received by a tribe shall be used for the purposes for which 
the funds were authorized. A tribe may retrocede to the 
Secretary programs, services, functions, or activities in a 
compact or funding agreement. Such agreed upon retrocession 
shall be effective within the timeframe described in the 
compact or funding agreement or if no timeframe exists the 
earlier of 1 year after the date of submission of the request 
or the date on which the funding agreement expires or such date 
as agreed upon by the parties.
    Subsection (f) establishes what official in the Department 
is allowed to make a decision that constitutes final agency 
action. The Secretary is authorized to terminate the compact or 
funding agreement and reassume the remaining funding associated 
with the reassumed programs, services, functions and activities 
under a compact or funding agreement if the Secretary finds 
imminent jeopardy to a trust asset, natural resource, or public 
safety and health that is caused by an act or omission of the 
Indian tribe and that arises out of a failure to carry out the 
compact or funding agreement or gross mismanagement with 
respect to funds or programs transferred to the tribe under the 
compact or funding agreement. The Secretary shall not terminate 
a compact or funding agreement unless there is written notice 
and a hearing on the record to the tribe subject to the compact 
or funding agreement and the tribe has not taken corrective 
action to remedy the mismanagement of funds. The Secretary may 
immediately terminate the compact or funding agreement if the 
Secretary finds imminent substantial and irreparable jeopardy 
to a trust asset, natural resource, or public health and safety 
and the jeopardy arises from the failure to carry out the 
compact or funding agreement. The Secretary bears the burden of 
proof for a termination of a compact or funding agreement.
    Subsection (g) requires tribes receiving funds under this 
program to apply cost principles under the applicable Office of 
Management and Budget circular.
    Subsection (h) establishes the procedures for the transfer 
of funds under the program. Construction projects carried out 
by a tribe under this program shall be pursuant to standards 
set forth in applicable regulations or approval by the 
Secretary and shall be monitored by the Secretary.
    Subsection (j) requires the Secretary to interpret laws, 
executive orders, and regulations that will facilitate the 
inclusion of programs, services, functions, and activities as 
part of the compact or funding agreement and implementation of 
such agreements. A tribe may request a waiver for a regulation 
pursuant to a compact or funding agreement. The Secretary shall 
approve or deny a waiver request within 90 days of tribal 
notice. The Secretary may deny a waiver request only if the 
Secretary finds the regulation may not be waived because a 
waiver is prohibited by federal law. If no approval or 
rejection of a waiver request is issued by the Secretary within 
90 days, the request is deemed approved.
    Subsection (k) requires the Secretary to maintain current 
program and funding agreements or enter into new agreements 
upon the election of a tribe.
    Subsection (l) determines which provisions in the Indian 
Self-Determination and Education Assistance Act apply to 
compacts or funding agreements under this program.
    Subsection (m) establishes the definitions for `compact', 
`department', `eligible Indian tribe', `funding agreement', 
`Indian tribe', `program', Secretary', and `transportation 
programs'. Definitions in sections 4 and 505 of the Indian 
Self-Determination and Education Assistance Act apply, unless 
except as otherwise provided.
    Subsection (n) requires the Secretary to establish 
regulations to carry out this section no later than 90 days 
after enactment of this Act. All regulations for this section 
shall be posted in the Federal Register. The authority of the 
Secretary to issue regulations under this section shall expire 
30 months after date of enactment. The expiration of 
promulgated regulations may be extended up to 180 days if a 
committee cannot meet the deadline. A negotiated rulemaking 
committee shall be established with members of the federal and 
tribal governments. If regulations are not promulgated, this 
section's effect shall not be limited. A tribe in a compact or 
funding agreement under this section shall not be subject to 
any agency circular, policy, manual, guidance, or rule adopted 
by the DOT, except regulations under this section.

           Subtitle F--Program Elimination and Consolidation

Sec. 1601. Program elimination and consolidation

    Subsection (a) directs that a repeal or amendment made by 
this section will not affect funds apportioned or allocated 
before the effective date of repeal.
     23 U.S.C. Sec. 110, Revenue Aligned Budget 
Authority, is repealed.
     23 U.S.C. Sec. 117, High Priority Projects 
Program, is repealed.
     23 U.S.C. Sec. 118(c), Set Asides for Interstate 
Discretionary Projects, is repealed.
     23 U.S.C. Sec. 136, Control of Junkyards, is 
repealed.
     23 U.S.C. Sec. 144, Highway Bridge Program, is 
repealed.
     23 U.S.C. Sec. 152, Hazardous Elimination Program, 
is repealed.
     23 U.S.C. Sec. 157, Safety Incentive Grants for 
the Use of Seat Belts, is repealed.
     23 U.S.C. Sec. 155, Access Highways to Public 
Recreation Areas on Certain Lakes, is repealed.
     23 U.S.C. Sec. 160, Reimbursement for Segments of 
the Interstate System Constructed Without Federal Assistance, 
is repealed.
     23 U.S.C. Sec. 162, National Scenic Byways 
Program, is repealed.
     23 U.S.C. Sec. 212, Inter-American Highway, is 
repealed.
     23 U.S.C. Sec. 216, Darien Gap Highway, is 
repealed.
     23 U.S.C. Sec. 217, State Coordinators, is amended 
by striking subsection (d) and redesignating the other 
subsections accordingly.
     23 U.S.C. Sec. 218, Alaska Highway, is amended by 
striking the first 2 sentences in subsection (a), ``No 
expenditures'' in paragraph (C), and all of subsection (b).
     23 U.S.C. Sec. 303, Management Systems, is 
repealed.
     23 U.S.C. Sec. 309, Cooperation with Other 
American Republics, is repealed.
     23 U.S.C. Sec. 319, Landscaping and Scenic 
Enhancement, is amended by striking subsection (b).
     23 U.S.C. Sec. 322, Magnetic Levitation 
Transportation Technology Deployment Program, is repealed.
     Section 1117 of SAFETEA-LU, Transportation, 
Community, and System Preservation Program, is repealed.
     Section 1301 of SAFETEA-LU, Projects of National 
and Regional Significance, is repealed.
     Section 1302 of SAFETEA-LU, National Corridor 
Infrastructure Improvement Program, is repealed.
     Section 1305 of SAFETEA-LU, Truck Parking 
Facilities, is repealed.
     Section 1306 of SAFETEA-LU, Freight Intermodal 
Distribution Pilot Grant Program, is repealed.
     Section 1307 of SAFETEA-LU, Deployment of Magnetic 
Levitation Transportation Projects, is repealed.
     Section 1308 of SAFETEA-LU, Delta Region 
Transportation Development Program, is repealed.
     Section 1404 of SAFETEA-LU, Safe Routes to School 
Program, is repealed.
     Section 1410 of SAFETEA-LU, National Work Zone 
Safety Information Clearinghouse, is repealed.
     Section 1411 of SAFETEA-LU, Roadway Safety, is 
repealed.
     Section 1502 of SAFETEA-LU, Highways for LIFE 
Pilot Program, is repealed.
     Section 1604(b) of SAFETEA-LU, Express Lanes 
Demonstration Program, is repealed.
     Section 1604(c) of SAFETEA-LU, Interstate System 
Construction Toll Pilot Program, is repealed.
     Section 1803 of SAFETEA-LU, America's Byways 
Resource Center, is repealed.
     Section 1804 of SAFETEA-LU, National Historic 
Covered Bridge Preservation, is repealed.
     Section 1807 of SAFETEA-LU, Nonmotorized 
Transportation Pilot Program, is repealed.
     Section 1906 of SAFETEA-LU, Grant Program to 
Prohibit Racial Profiling, is repealed.
     Section 1907 of SAFETEA-LU, Pavement Marking 
Systems Demonstration Projects, is repealed.
     Section 1958 of SAFETEA-LU, Limitation on Project 
Approval, is repealed.

                       Subtitle G--Miscellaneous

Sec. 1701. Transportation enhancement activity defined

    This section amends the definition for `transportation 
enhancement activity' in 23 U.S.C. Sec. 101(a).

Sec. 1702. Pavement markings

    This section amends 23 U.S.C. Sec. 109 by prohibiting the 
Secretary from approving pavement marking projects that use 
glass beads containing more than 200 parts per million of 
arsenic or lead.

Sec. 1703. Rest areas

    Subsection (a) amends 23 U.S.C. Sec. 111 by adding a 
provision that prohibits the changing of the boundary of any 
Interstate system right-of-way for construction of an 
automotive service station or other commercial establishment. A 
new subsection (b) is added to allow a state to establish a 
rest area along the Interstate. The rest area may be operated 
by a private entity to provide limited commercial service. 
Revenues received from the operation of such rest areas shall 
be used by the state for other rest areas in the state.
    Subsection (b) allows, under specific circumstances, 
sponsorship signs of rest areas.

Sec. 1704. Justification reports for access points on the Interstate 
        system

    This section amends 23 U.S.C. Sec. 111 by adding a new 
subsection (e) at the end to allow the state transportation 
department to approve a justification report for an access 
point on the Interstate system if such a report is requested.

Sec. 1705. Patented or proprietary items

    This section amends 23 U.S.C. Sec. 112 by adding a new 
subsection (h) at the end to require the Secretary to approve 
the use of a patented or proprietary item with federal funds if 
the state certifies that no suitable alternative exists, that 
the patented or proprietary item will be labeled as such in bid 
documents, and any patented or proprietary items will be 
available to complete the project.

Sec. 1706. Preventive maintenance

    This section amends 23 U.S.C. Sec. 116 by adding a new 
subsection (e) at the end to add definitions for ``preventive 
maintenance'' and ``pavement preservation programs and 
activities.''

Sec. 1707. Mapping

    Subsection (a) amends 23 U.S.C. Sec. 306 to require the 
Secretary to carry out this section and modify the appropriate 
role of state governments. A new subsection (c) is added at the 
end which requires the Secretary to develop a process for the 
oversight and monitoring of the compliance of each state with 
guidance from subsection (b).
    Subsection (b) requires the Secretary to conduct a survey 
of all states to determine what percentage of projects in each 
state utilized private sector sources for mapping and surveying 
services.

Sec. 1708. Funding flexibility for transportation emergencies

    This section adds a new 23 U.S.C. Sec. 330. It allows the 
chief executive of a state to use any amounts apportioned to 
that State for the repair or replacement of a transportation 
facility that the chief executive has declared as a state of 
emergency. The emergency declaration requirements that a chief 
executive must meet in order to qualify for this section are 
defined. In addition, the terms ``covered funds'', 
``emergency'', and ``transportation facility'' are defined.

Sec. 1709. Budget justification

    This section amends subchapter I of chapter 3 of title 49 
U.S.C. by adding a new section, section 310. Section 310 
requires the Secretary and the head of each modal 
administration to submit a budget justification with the 
President's annual budget submission to Congress.

Sec. 1710. Extension of over-the-road bus and public transit vehicle 
        exemption from axle weight restrictions

    This section amends section 1023(h) of the Intermodal 
Surface Transportation Efficiency Act of 1991 by changing the 
heading of paragraph (1), striking the date in paragraph (1), 
and striking the date in paragraph (2)(A).

Sec. 1711. Repeal of requirement for Interstate designation

    This section amends section 1105(e)(5)(A) of the Intermodal 
Surface Transportation Efficiency Act of 1991 by allowing the 
designated routes to be designated as a route on the Interstate 
system if they meet the requirements in section 109(b) of title 
23.

Sec. 1712. Retroreflectivity

    This section requires the Secretary to remove all 
compliance dates for highway sign retroreflectivity 
requirements in the Manual on Uniform Traffic Control Devices.

Sec. 1713. Engineering judgment

    This section requires the Secretary to issue guidance to 
states to clarify that standards for the design and application 
of traffic control devices shall not be considered a substitute 
for an engineering judgment.

Sec. 1714. Evacuation routes

    This section requires each state to give adequate 
consideration of evacuation routes when allocating funds 
apportioned under title 23, U.S.C.

Sec. 1715. Truck parking

    This section requires the Secretary to conduct a survey of 
each state to develop a system of metrics to measure the 
adequacy of commercial motor vehicle parking facilities in the 
state, assess the commercial motor vehicle traffic volume in 
the state, and evaluate the capability of the state to provide 
adequate parking and rest facilities for commercial motor 
vehicles engaged in interstate transportation. Eligible truck 
parking projects a state may obligate funds towards is defined. 
In addition, it establishes electric vehicle charging stations 
as an eligible activity.

Sec. 1716. Use of certain administration expenses

    This section allows funds made available in 23 U.S.C. 
Sec. 104(a) to be used for no more than $2,000,000 for 
operating the national work zone safety information 
clearinghouse, the public road safety clearinghouse, and 
providing work zone safety grants.
    If the Secretary elects to use funds for work zone safety 
grants, the grants may include eligible training courses on 
guardrail installation, guardrail maintenance and guardrail 
inspection. Other eligible training courses include 
identification of engineering improvements at crash locations 
for law enforcement personnel, and traffic control for 
emergency responders.

Sec. 1717. Transportation training and employment programs

    This section encourages the Secretary of Education and the 
Secretary of Labor to use funds for training and employment 
education programs to encourage development of transportation-
related careers and trades.

Sec. 1718. Engineering and design services

    This section directs state department of transportation's 
to utilize commercial enterprises for the delivery of 
engineering and design services, to the maximum extent 
practicable.

Sec. 1719. Notice of certain grant awards

    This section requires the Secretary to provide written 
notice of a covered grant award of at least $500,000 three 
business days prior to announcing it publicly.

Sec. 1720. Miscellaneous parking amendments

    This section amends 23 U.S.C. Sec. 137(a), Sec. 142(a)(1), 
and Sec. 205(d) to allow electric vehicle charging stations to 
new or previously funded parking facilities to be eligible in 
this section.

Sec. 1721. Highway Buy America provisions

    This section amends 23 U.S.C. Sec. 313 to apply to all 
contracts for a project carried out within the scope of the 
applicable finding, determination, or decision under NEPA, 
regardless of the funding source of such contracts.

Sec. 1722. Veterans preference in highway construction

    This section amends 23 U.S.C. Sec. 114 by adding a new 
subsection, subsection (d). It requires recipients of federal 
financial assistance under this chapter to ensure that 
contractors working on a highway project funded using such 
assistance give preference in the hiring or referral of 
laborers on any project for the construction of a highway to 
veterans who have the appropriate skills and abilities to 
perform the work required for the project.

Sec. 1723. Real-time ridesharing

    This section amends 23 U.S.C. Sec. 101(a)(2) by defining 
``real-time ridesharing'' as a carpool project.

Sec. 1724. State autonomy for culvert pipe selection

    This section requires the Secretary to modify section 
635.411 of title 23 U.S.C. to ensure that states 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. This section shall not be construed to undermine or 
eliminate in whole or in part, competitive bidding requirements 
in section 112 of title 23 regarding highway construction.

Sec. 1725. Equal opportunity assessment

    This section requires the Secretary to assess the extent to 
which nondiscrimination and equal opportunity exist in the 
construction and operation of federally funded transportation 
projects, programs, and activities.

                    TITLE II--PUBLIC TRANSPORTATION

Sec. 2001. Short title; amendments to title 49, United States Code

    The short title is the ``Public Transportation Act of 
2012''.
    Amendments or repeals referenced in this section are to 
title 49, United States Code.

Sec. 2002. Definitions

    This section amends 49 U.S.C. Sec. 5302(a) general 
definitions to increase the amount of federal transit formula 
funding that a state or transit agency can expend for 
paratransit and other Americans with Disabilities Act 
transportation services from 10 to 15 percent of the 
recipient's annual formula apportionment. This section also 
adds a new defined term, ``rural area'', to describe an area of 
under 50,000 in population. This term is synonymous with the 
terms ``nonurbanized areas'' and ``areas other than urbanized 
areas'' otherwise utilized in this chapter.

Sec. 2003. Planning programs

    This section makes minor amendments to 49 U.S.C. Sec. 5305 
to conform with the unified planning title.

Sec. 2004. Private enterprise participation

    This section amends 49 U.S.C. Sec. 5306(a) by striking ``, 
as determined by local policies, criteria, and decision-
making''.

Sec. 2005. Urbanized area formula grants

    This section amends 49 U.S.C. Sec. 5307(b) regarding the 
general authority for urbanized area formula grants. Currently, 
only urbanized areas of less than 200,000 in population can 
utilize urbanized area formula grant funds for up to 50 percent 
of operating costs of equipment and facilities, after netting 
out fare-box revenues. This amendment extends operating 
flexibility to small transit agencies operating in areas 
greater than 200,000 in population. Those agencies that operate 
fewer than 75 buses in peak service hours can utilize formula 
grant funds for up to 50 percent of net operating costs, and 
agencies that operate between 76 and 99 buses can utilize 
formula grant funds for up to 25 percent of net operating 
costs. This provision does not limit the amount of a transit 
agency's federal grant apportionment that can be used for 
operating expenses, rather, the federal funding limitation 
applies to the percentage of the net operating costs for the 
system's operations.
    This section also strikes subparagraph (d)(1)(k) that 
requires transit agencies to expend 1 percent of urbanized area 
formula grant funds on transit enhancements.

Sec. 2006. Capital investment grants

    This section amends 49 U.S.C. Sec. 5309, rewriting the 
federal new start and small start program to simplify, 
streamline, and speed up the project development and evaluation 
process while retaining the program's competitive and mode-
neutral character.
    The new section 5309 language gives the Secretary the 
authority to make grants to assist state and local governments 
in financing new fixed guideway capital projects. There are two 
types of new fixed guideway capital projects: new start 
projects, which involve federal assistance under this section 
of more than $75 million, and small start projects, which 
involve less than $75 million federal assistance under this 
section and have a total project cost of less than $250 
million. Section 5309 no longer includes authority for fixed 
guideway modernization projects; these projects are authorized 
under 49 U.S.C. Sec. 5337. Section 5309 no longer includes 
authority for bus purchases for rehabilitation and replacement; 
these projects are now authorized in a formula program under 49 
U.S.C. Sec. 5310. The Secretary cannot approve a grant unless 
it is determined that the project is a part of a long-range 
transportation plan and the applicant has the necessary legal, 
financial, and technical capacity to carry out a project.
    Subsection (d) directs that new start projects be carried 
out through a full funding grant agreement. Only projects that 
are authorized for project development, have been adopted in 
the local transportation plan as the locally preferred 
alternative, and are rated as high, medium-high, or medium can 
receive financial assistance. Project benefits are evaluated on 
the basis of cost effectiveness, mobility and accessibility 
benefits, congestion relief, reduction in energy consumption, 
economic development effects, and private contributions to the 
project. Local financial commitment is evaluated on the basis 
of adequate contingency funds, local funding sources for 
capital and operations that are stable and reliable, the use of 
private contributions and public-private partnerships, the 
extent to which the local financial commit exceeds the required 
match, and whether any elements of the total public 
transportation system have been or will be financed without 
federal funding. Each criteria is evaluated on a five-point 
scale, and all criteria must be given comparable, but not 
necessarily equal, numerical weight.
    Subsection (e) sets the requirements and grant assistance 
criteria for small start projects. Projects that require less 
than $25 million in federal assistance under this section can 
be exempt from the evaluation process, or can utilize special 
warrants to expedite the project's advancement through the 
evaluation process. Projects must be adopted as the locally 
preferred alternative in local transportation plans and have a 
local financial commitment that is stable and dependable. 
Project benefits are evaluated on the basis of cost 
effectiveness, mobility and accessibility benefits, congestion 
relief, and economic development effects. The Secretary is 
directed to assign a rating for each criterion on a five-point 
scale based on the benefits of the project and local financial 
commitment. The Secretary may execute an expedited grant 
agreement to include a commitment to provide funding for the 
project in future fiscal years if federal assistance cannot be 
provided in a single grant. The Secretary is required to notify 
the appropriate committees of Congress 10 days before making a 
grant award or agreement. Small starts projects include 
corridor-based bus projects if a majority of the project 
operates in a separate right-of-way during peak operating 
hours, or the project represents a substantial investment in a 
defined corridor.
    Subsection (f) exempts projects that have already entered 
final design or that are under a letter of intent, early 
systems work agreement or a full funding grant agreement before 
the date of enactment from the new program requirements set 
forth in subsections (d) and (e).
    Subsection (g) defines the rules for issuing letters of 
intent, full funding grant agreements, and early systems work 
agreements. For both full funding grant agreements and early 
system work agreements, repayment to the Government is required 
if the applicant does not carry out the project for reasons 
within the project sponsor's control. Before and after studies 
are required for each project, in order to compare estimated 
project costs, benefits, and ridership to actual data once the 
project has been built. The subsection limits the amount of 
contingent commitment authority for the post-authorization 
period to be equal to the total of the last three fiscal years 
of new start funding. Finally, this subsection requires a 
Congressional notification period of 21 days when a full 
funding grant agreement is to be entered into, and 10 days when 
a letter of intent or early system work agreement is to be 
entered into.
    Subsection (h) directs the Secretary to estimate the net 
capital project cost of a new fixed guideway capital project. 
Grants shall be for 80 percent of the net capital project cost 
unless the grant recipient requests a lower grant percentage. 
However, project sponsors are incentivized to ``overmatch'' 
because it will improve the project's local financial 
commitment rating.
    Subsection (i) grants the Secretary the power to pay the 
Government's share of the net capital project cost if the state 
or local authority carries out any part of a project described 
in this section without the aid of amounts of the Government 
and according to all applicable procedures and requirements.
    Subsection (j) establishes a period of availability for new 
fixed guideway capital projects of 3 fiscal years after the 
fiscal year in which the funds are appropriated. Unobligated 
funds after such period shall be rescinded and deposited in the 
General Fund of the Treasury for the sole use of deficit 
reduction.
    Subsection (k) requires the Secretary to submit to Congress 
an annual report on funding recommendations for new start 
projects. It also requires a biennial GAO review of the 
Secretary's implementation of the fixed guideway capital 
project evaluation and rating process.
    Subsection (l) requires the Secretary to submit to Congress 
a report containing a summary of the results of the before and 
after studies required under subsection (g)(2)(C).
    Subsection (m) sets aside $150 million for each of fiscal 
years 2013 through 2016 for small start projects, with the 
remainder allocated for new start projects.
    Subsection (n) requires the Secretary to develop and 
utilize special warrants to advance projects and provide 
federal assistance under this section. Special warrants may be 
utilized to advance new fixed guideway projects without 
requiring evaluations and ratings.
    Subsection (o) directs the Secretary to issue regulations 
establishing new program requirements for the programs created 
under this section with 240 days of enactment of the Public 
Transportation Act of 2012.

Sec. 2007. Bus and bus facilities formula grants

    This section amends 49 U.S.C. Sec. 5310. The previous 
section 5310 program, formula grants for special needs of 
elderly individuals and individuals with disabilities, has been 
consolidated in the new coordinated access and mobility program 
under 49 U.S.C. Sec. 5317. The new bus and bus facilities 
formula grants program directly replaces the previous 49 U.S.C. 
Sec. 5309 discretionary bus and bus facilities grants program 
with a predictable formula, allowing states, transit agencies, 
and local governments to more effectively plan for bus fleet 
and facilities replacement and expansion.
    The new section 5310 bus and bus facilities formula grant 
programs gives the Secretary the authority to assist states and 
local governmental authorities in financing capital projects to 
construct bus-related facilities and replace, rehabilitate and 
purchase buses and related equipment. Eligible recipients are 
providers of public transportation in urbanized areas that 
operate fixed route bus services but do not operate heavy rail, 
commuter rail, or light rail services. The effect of this 
limitation on eligibility is to direct more of the funding 
under this program to suburban and small urban systems. A 
recipient that receives a grant may allocate it to 
subrecipients that are public agencies, private companies, or 
private nonprofit organizations.
    Grants under this section shall be distributed on a formula 
basis as provided in 49 U.S.C. Sec. 5336 (other than subsection 
(b)). Capital project grants shall be for 80 percent of the net 
project cost of the project, though the recipient may provide 
additional local matching amounts.
    Grants apportioned under this section are available for 
three years after the fiscal year in which the grant is 
apportioned, and grant funds that remain unobligated at the end 
of that period may be reapportioned the following fiscal year.
    The chief executive officer of a state may transfer any 
part of the state's funds made available under this section to 
urbanized areas of less than 200,000 in population or to rural 
areas in the state. Urbanized areas with a population of at 
least 200,000 may transfer a part of its grant funds to the 
chief executive officer of a state.
    49 U.S.C. Sec. 5302, Sec. 5318, Sec. 5323(a)(1), 
Sec. 5323(d) and (f), Sec. 5332, and Sec. 5333 all apply to 
this section and to a grant made with funds apportioned under 
this section.

Sec. 2008. Rural area formula grants

    This section amends 49 U.S.C. Sec. 5311, formerly known as 
formula grants for other than urbanized areas. Subsection (b) 
sets forth program goals. Subsection (c) amends the rural 
transit assistance program, which provides onsite technical 
assistance to local and regional governments and agencies in 
rural areas, to require that contracts be competitively 
selected. Subsection (d) amends the apportionment formula to 
states, providing that 70 percent of funds be apportioned 
according to a state's rural population in ratio to the entire 
country's rural population; 20 percent be apportioned according 
to a state's rural land area in ratio to the entire country's 
rural land area; and 10 percent be apportioned according to 
service factors, including ridership and revenue vehicle miles. 
Apportioning a small percentage of funds according to service 
factors will incentivize states to improve rural transit system 
performance. Subsection (f) decreases the amount of grant funds 
under this section that a state can use for administrative 
expenses, planning, and technical assistance from 15 percent to 
10 percent.
    Subsection (h) amends subsection 5311(g) regarding 
Government's share of costs. The new provision allows states to 
use private intercity bus operator capital cost contributions 
towards feeder bus service and connecting unsubsidized 
intercity bus route segments as local match for intercity bus 
service carried out within a state and supported by funding 
under this section. This provision codifies a pilot program 
that has been carried out by the FTA since 2006, and will help 
states retain effective intercity bus routes, especially in 
rural areas.

Sec. 2009. Transit research

    This section consolidates transit research programs 
currently spread through 49 U.S.C. Sec. 5312, Sec. 5313, 
Sec. 5314, and Sec. 5315 into a single transit research 
authorization. Amounts made available under 49 U.S.C. 
Sec. 5338(c) for transit research under this section and for 
technical assistance and training under 49 U.S.C. Sec. 5322 are 
available to the Secretary for grants, contracts, cooperative 
agreements, or other agreements. The Secretary is authorized to 
establish a Government share of project costs that is 
consistent with potential financial benefits to an entity under 
a research grant or contract. The transit cooperative research 
program formerly authorized under section 5313 is authorized in 
the new subsection (c). The National Transit Institute formerly 
authorized under 49 U.S.C. Sec. 5315 is now authorized as a 
competitive program under 49 U.S.C. Sec. 5322.

Sec. 2010. Coordinated access and mobility program formula grants

    This section amends 49 U.S.C. Sec. 5317 by consolidating 
three existing human service transportation formula grant 
programs into a single, flexible program. The 49 U.S.C. 
Sec. 5310 formula grants for special needs of elderly 
individuals and individuals with disability, 49 U.S.C. 
Sec. 5316 job access and reverse commute formula grants 
program, and 49 U.S.C. Sec. 5317 New Freedom program are 
combined in the new Coordinated Access and Mobility Program 
(CAMP), which provides grants to states and designated 
recipients in urban areas with flexible human service 
transportation funding with consistent program eligibilities 
and requirements.
    Subsection (a) includes definitions applicable to this 
section. Subsection (b) establishes the goals of the CAMP 
program. Subsection (c) lays out the general authority for 
grants made under this section, which are to provide public 
transportation services that meet the special transportation 
needs of elderly and disabled individuals, including new 
transit services that exceed the requirements of the Americans 
with Disabilities Act, and for job access and reverse commute 
transportation services.
    Subsection (d) outlines the formula distribution of funds 
to grant recipients: 50 percent among designated recipients for 
urbanized areas with a population of 200,000 or more, 25 
percent to states to serve areas populations of less than 
200,000, and 25 percent to states to serve rural areas. The 
Governor of a state may make exceptions if he can certify that 
all of the objectives of this section are being met in the 
specified area. The Secretary may establish a minimum 
apportionment for states and territories.
    Subsection (e) establishes a competitive grant process for 
states and urbanized area recipients of funds. Funds to carry 
out the activities selected to be funded under this competitive 
process can be allocated to subrecipients, including nonprofit 
organizations and private companies. Transportation services 
for the elderly and people with disabilities are to be carried 
out by nonprofit organizations or private companies unless a 
public agency is approved by the grant recipient to coordinate 
such transportation services, or the public agency certifies 
nonavailability of nonprofit or private providers of 
transportation. This is consistent with current law 
eligibilities under 49 U.S.C. Sec. 5310(a)(2).
    Subsection (f) directs the Secretary to apply grant 
requirements for the CAMP program that are consistent with the 
requirements of 49 U.S.C. Sec. 5310, Sec. 5316, and Sec. 5317 
as such sections were in effect before enactment. Subsection 
(g) lays out requirements that the national CAMP program and 
activities carried out at the local level that are funded 
through the CAMP program shall be coordinated with human 
service transportation activities funded through other federal 
departments and agencies. Subsection (h) establishes the 
federal share for the grant program, with capital projects 
eligible to use federal funds for 80 percent of the net capital 
costs of the project and operating assistance capped at 50 
percent of the net operating costs of the project. The federal 
lands program sliding scale is applied to this federal match, 
meaning that states with large federal lands holdings have a 
slightly higher federal match.
    Subsections (i) and (j) carry over current law language 
from 49 U.S.C. Sec. 5310 regarding leasing vehicles and meal 
delivery for homebound individuals. Subsection (k) directs the 
Comptroller General to conduct two studies evaluating the CAMP 
grant program and submit the results to Congress, two and four 
years after enactment, respectively. The GAO studies shall 
include an analysis and description of how CAMP program grant 
activities are coordinated with transportation activities 
carried out with grants to state and community programs on 
aging that are authorized under Title III of the Older 
Americans Act of 1965.
    The Committee expects FTA to continue its practice of 
providing maximum flexibility to job access projects that are 
designed to meet the needs of individuals who are not 
effectively served by public transportation. The Committee 
recognizes the value of car loan and acquisition programs to 
improve access to jobs and services, including education and 
job training activities, and directs FTA to ensure the 
continued eligibility of car loan programs.

Sec. 2011. Training and technical assistance programs

    This section amends 49 U.S.C. Sec. 5322 by consolidating 
the authorization for national technical assistance. Subsection 
(c) incorporates the national training program under the 
National Transit Institute, formerly authorized under 49 U.S.C. 
Sec. 5315, allowing the Secretary to competitively award grants 
or enter into contracts with a public university to establish a 
National Transit Institute to support training and educational 
programs for public transportation employees. Subsection (d) 
allows the Secretary to enter into competitively selected 
contracts or cooperative agreements to provide public 
transportation-related technical assistance in the areas of 
Americans with Disabilities Act compliance, coordinated human 
service transportation, meeting the transportation needs of the 
elderly, and additional areas of technical assistance, mobility 
management services, support services, training, and research 
that the Secretary determines will assist public transportation 
providers in meeting the goals of this section. Subsection (e) 
directs training and outreach programs and technical assistance 
to be paid for with funds authorized under 49 U.S.C. 
Sec. 5338(c).

Sec. 2012. General provisions

    Subsection (a) amends 49 U.S.C. Sec. 5323(i) regarding the 
Government's share of costs for certain projects. A new 
paragraph (3) is added to this subsection that will incentivize 
a greater use of vanpool services by: (1) allowing public 
transit agencies and local governments to use vanpool passenger 
fare revenue in excess of operating costs as matching funds for 
federal transit grant funds, and (2) by allowing private 
vanpool operators to use passenger fare revenues in excess of 
operating costs for the acquisition of additional van equipment 
if the vans will be used only within the federal grant 
recipient's transportation service area. A new paragraph (4) is 
added to this subsection that incentivizes competitive 
contracting in public transportation by allowing a 90 percent 
federal share for federal transit capital grants if the transit 
agency or grant recipient competitively contracts at least 20 
percent of its fixed route bus service. A maintenance of effort 
clause ensures that state and local funding for transit 
services must be maintained at a level at least equal to the 
average of the previous 3 fiscal years.
    According to Transportation Research Board Special Report 
258, ``Contracting for Bus and Demand-Responsive Transit 
Services'', 60 percent of federal transit funding recipients 
provide some portion of transit services through contract. 
Overall, contracting is much more common in demand-response 
human service transportation (76 percent) than in fixed-route 
bus service (15 percent). Additionally, about one-third of 
commuter rail services are contracted out. Based on National 
Transit Database reporting, the cost savings from privately 
contracted services are substantial. On average, the operating 
cost per revenue mile for contracted fixed route bus service is 
$6.25, compared to $9.79 for directly operated service, a 36 
percent cost savings. Competitive contracting can be a tool to 
maximize the value of federal investment in public 
transportation and help preserve needed transit services. The 
competitive contracting incentive language under section 
5323(i)(4) does not in any way alter applicable labor 
protection requirements under this chapter.
    Subsection (b) adds a new subsection (q) to 49 U.S.C. 
Sec. 5323, requiring grant recipients to provide reasonable 
access for intercity and charter transportation operators to 
public transportation facilities, including intermodal 
facilities, park and ride lots, and bus-only highway lanes.
    Subsection (c) addresses an exemption from the general 
prohibition on public transportation agencies providing charter 
bus operations in competition with private bus operators under 
49 U.S.C. 5323(d). For the last 3 fiscal years, a single public 
transit agency has been exempted from enforcement of the 
charter bus prohibition by a legislative general provision in 
the annual appropriations bill. This subsection provides that, 
if the Secretary is prohibited by law from enforcing the 
charter prohibition, a transit agency covered under this 
exemption shall be precluded from receiving its urbanized area 
formula grant funds for that fiscal year.

Sec. 2013. Contract requirements

    This section amends 49 U.S.C. Sec. 5325(h) by striking 
``Federal Public Transportation Act of 2005'' and inserting 
``Public Transportation Act of 2012''.

Sec. 2014. Veterans preference in transit construction

    This section amends 49 U.S.C. Sec. 5325 regarding contract 
requirements by adding a new subsection (k) requiring grant 
recipients to ensure that contractors utilizing federal transit 
grant funds give a hiring preference to veterans who have the 
requisite skills and abilities to perform the construction work 
required under the contract.

Sec. 2015. Private sector participation

    This section amends chapter 53 of title 49, U.S.C. by 
including new language regarding private sector participation 
in public transportation. Under subsection (b), the Secretary 
is directed to take actions to promote better coordination 
between public and private sector providers of public 
transportation, by providing technical assistance to grant 
recipients on practices and methods to best utilize private 
providers and educating recipients on federal transit laws and 
regulations that impact private providers. Under subsection 
(c), upon request by a new start project sponsor, the Secretary 
is directed to provide technical assistance for alternative 
project delivery methods, including identifying best practices 
for public-private partnerships (P3's), development of standard 
P3 model contracts, and performing financial assessments to 
calculate the public and private benefits of a P3 transaction.
    Subsection (c) requires the Secretary to identify 
provisions of chapter 53 of title 49, U.S.C. that impede 
greater use of P3's and private investment in public 
transportation, and to procedures and approaches to address 
such impediments in a manner similar to FHWA's SEP-15 
initiative. The Secretary is required to issue a rulemaking 
implementing the procedures and approaches developed under this 
new initiative, and to report to Congress four years after 
enactment on the status of the procedures and approaches 
developed and implemented under this subsection.
    Subsection (d) requires the Comptroller General to submit a 
comprehensive report to Congress on the effect of contracting 
out public transportation operations and administrative 
functions on cost, availability and level of service, 
efficiency, and quality of service. This report shall be 
submitted to Congress one year after enactment.
    Subsection (e) requires the Secretary to publish guidance 
in the Federal Register one year after enactment that describes 
for federal transit recipients the best way to document 
compliance with requirements regarding private enterprise 
participation in public transportation planning and 
transportation improvement programs.

Sec. 2016. Project management oversight

    This section amends 49 U.S.C. Sec. 5327(c)(1) by adding 2 
new paragraphs to the end. New project management oversight 
(PMO) set-asides are established: 1 percent PMO set-aside for 
the fixed guideway modernization program under 49 U.S.C. 
Sec. 5337, which is consistent with the current law set-aside 
for this program under 49 U.S.C. Sec. 5309; and a 0.75 percent 
PMO set-aside for the CAMP program under 49 U.S.C. Sec. 5317.

Sec. 2017. State safety oversight

    This section amends 49 U.S.C. Sec. 5330(b). It allows the 
Secretary to require that up to 100 percent of the amount made 
available in a state or urbanized area under 49 U.S.C. 
Sec. 5307 be utilized on capital safety improvement and state 
of good repair projects on the state or urbanized area's fixed 
guideway transit systems before any other transit capital 
project is undertaken if the state has not met certain 
requirements. The requirements are that there be a state safety 
oversight agency (SSOA) that has been certified by the 
Secretary as meeting standards of adequate technical capacity, 
personnel resources, and authority under relevant state laws to 
successfully perform safety oversight for rail transit systems 
in the state.

Sec. 2018. Apportionment of appropriations for formula grants

    Subsection (a) amends 49 U.S.C. Sec. 5336(i) to modify the 
apportionment amounts of urbanized area formula grant funds. 
The set-aside for small transit intensive cities (transit 
systems that exceed the national average in service factors 
such as ridership and vehicle revenue miles) is increased to a 
2 percent set-aside. An additional 1 percent of the urbanized 
area formula grants program funding is set aside for 
apportionment to SSOAs in states that have rail transit systems 
not otherwise under the oversight of the FRA (e.g. light rail 
and subway systems, but not commuter rail systems).
    Subsection (b) adds a new subsection (k) to the end of 49 
U.S.C. Sec. 5336, authorizing the state safety oversight 
formula. Under this authorization, federal funds will be 
directly apportioned to SSOAs on the basis of a formula to be 
established by the Secretary that takes into account service 
factors such as vehicle revenue miles, route miles, and 
passenger miles. Funds may be used by SSOAs for operational and 
administrative expenses, including employee training, to assist 
the SSOA in carrying out its safety oversight responsibilities. 
The Secretary is required to certify whether each SSOA has met 
the standards of adequate technical capacity, personnel 
resources, and authority under relevant state laws to 
successfully perform safety oversight for rail transit systems 
in its state. If certification is denied, the Secretary can 
require that up to 100 percent of the amount made available for 
use in a state or urbanized area under 49 U.S.C. Sec. 5307 be 
utilized on capital safety improvement and state of good repair 
projects on the state's rail transit systems before any other 
transit capital project is undertaken. An annual report from 
the Secretary is required, including amounts of funds 
apportioned under this authorization and the certification 
status of each SSOA, including what steps an agency that has 
been denied certification must take to be so certified.

Sec. 2019. Fixed guideway modernization formula grants

    This section amends 49 U.S.C. Sec. 5337 by inserting two 
new subsections to establish the general authority and program 
goals of the fixed guideway modernization program. A new 
subsection 5337(i) is added to end of the section that 
establishes procedures to be followed if recipients undertake a 
fixed guideway modernization project in advance, consistent 
with current law.

Sec. 2020. Authorizations

    This section amends FTA program authorizations under 49 
U.S.C. Sec. 5338. In subsection (a), apportionments for formula 
and bus programs are authorized. For each of fiscal years 2013 
through 2016, $8,400,000,000 is available from the Alternative 
Transportation Account to carry out metropolitan and state 
transportation planning (49 U.S.C. Sec. 5305), urbanized area 
formula grants (49 U.S.C. Sec. 5307), bus and bus facilities 
formula grants (49 U.S.C. Sec. 5310), rural area formula grants 
(49 U.S.C. Sec. 5311), coordinated access and mobility program 
formula grants (49 U.S.C. Sec. 5317), bus testing (49 U.S.C. 
Sec. 5318) state safety oversight (49 U.S.C. Sec. 5330), 
national transit database activities (49 U.S.C. Sec. 5335), and 
fixed guideway modernization formula grants (49 U.S.C. 
Sec. 5337).
    Subsection (b) authorizes $1,955,000,000 annually for 
capital investment grants (new start and small start projects) 
under 49 U.S.C. Sec. 5309(m)(2) for fiscal years 2013 through 
2016, to be appropriated from the General Fund of the Treasury.
    Subsection (c) authorizes $45,000,000 annually for 
research, training and outreach, and technical assistance 
projects under 49 U.S.C. Sec. 5312 and Sec. 5322 for fiscal 
years 2013 through 2016, to be appropriated from the General 
Fund of the Treasury.
    Subsection (d) authorizes $98,000,000 annually for FTA 
administrative expenses under 49 U.S.C. Sec. 5326 and Sec. 5334 
for fiscal years 2013 through 2016, to be appropriated from the 
General Fund of the Treasury.
    Subsection (e) states that activities under this chapter 
that are financed with amounts made available from the 
Alternative Transportation Account of the Highway Trust Fund 
are contractual obligations of the Government, commonly 
referred to as contract authority. Activities under this 
chapter financed with amounts appropriated from the General 
Fund of the Treasury are contractual obligations of the 
Government only to the extent that amounts are appropriated for 
such purpose in the annual appropriations process.

Sec. 2021. Obligation limits

    This section sets a total annual obligation limitation for 
amounts made available from the Alternative Transportation 
Account and amounts from the General Fund of the Treasury not 
to exceed $10,498,000,000 for each of fiscal years 2013 through 
2016. Not more than $8,400,000,000 shall be from the 
Alternative Transportation Account.

Sec. 2022. Program elimination and consolidation

    This section repeals and amends current-law FTA programs. 
Repeals or amendments made by this section do not affect funds 
made available before the effective date of the repeal. The 
following programs are repealed or amended:
     49 U.S.C. Sec. 5308, Clean Fuels Discretionary 
Grant Program, is repealed.
     49 U.S.C. Sec. 5327(c) and 49 U.S.C. 
Sec. 31138(e)(4) are amended to conform citations within the 
subsection.
     49 U.S.C. Sec. 5311(c)(1), Public Transportation 
on Indian Reservations, is repealed.
     49 U.S.C. Sec. 5313, Transit Cooperative Research 
Program, is repealed.
     49 U.S.C. Sec. 5314, National Research Programs, 
is repealed.
     49 U.S.C. Sec. 5315, National Transit Institute, 
is repealed.
     49 U.S.C. Sec. 3519, Bicycle Facilities, is 
amended by striking the last sentence.
     49 U.S.C. Sec. 5316, Job Access and Reverse 
Commute Formula Grants, is repealed.
     49 U.S.C. Sec. 5320, Paul S. Sarbanes Transit in 
the Parks Program, is repealed.
     49 U.S.C. Sec. 5323(e)(4), Debt Service Reserve 
Pilot Program, is repealed.
     49 U.S.C. Sec. 5328, Project Review, is amended by 
striking subsection (c), Program of Interrelated Projects.
     49 U.S.C. Sec. 5339, Alternatives Analysis, is 
repealed.
     49 U.S.C. Sec. 5340, Apportionments based on 
growing states and high density states formula factors, is 
repealed.
     Section 3009 of SAFETEA-LU is amended by striking 
subsection (i), Contracted Paratransit Pilot program.
     Section 3012(b) of SAFETEA-LU, Elderly Individuals 
and Individuals with Disabilities Pilot Program, is repealed.
     Section 3045 of SAFETEA-LU, National Fuel Cell Bus 
Technology Development Program, is repealed.
     Section 3046 of SAFETEA-LU, Allocations for 
National Research and Technology Programs, is repealed.
     Section 3038 of TEA-21, Over-the-Road Bus 
Accessibility Program, is repealed.

Sec. 2023. Evaluation and report

    This section requires the Comptroller General to evaluate 
the progress and effectiveness of FTA's assistance to grant 
recipients in complying with the prohibition under 49 U.S.C. 
Sec. 5332(b) against discrimination on the basis of race, 
color, creed, national origin, sex or age under any project, 
program or activity receiving federal transit funds. The report 
shall describe FTA's ability to address discrimination and 
foster equal opportunities in federally-funded transit projects 
and programs, and recommend improvements if necessary.

Sec. 2024. Transit Buy America provisions

    This section amends 49 U.S.C. Sec. 5323(j) by adding two 
new paragraphs to the Buy America requirements for federally-
funded transit projects. Paragraph (10) applies the Buy America 
requirements to all contracts for a project that are within the 
scope of the project's NEPA determination, regardless of 
whether all elements of the project within such scope involve 
federal transit funds. Paragraph (11) sets additional 
requirements for FTA waivers of transit Buy America 
requirements, including full notice and comment opportunity and 
a detailed justification for any waiver that addresses the 
public comments received. Such justification shall be published 
before the waiver takes effect.

                 TITLE III--ENVIRONMENTAL STREAMLINING

    The American Energy and Infrastructure Jobs Act of 2012 
streamlines the environmental review process in order to speed 
up project delivery and greatly reduce the time it takes to 
complete infrastructure projects. The Act refines and expands 
upon previous streamlining efforts to help deliver 
infrastructure projects and programs more quickly with better 
outcomes:

Sec. 3001. Amendments to title 23, United States Code

    This section provides that all repeals or amendments to 
sections or provisions in title III of the bill shall be to 
title 23, United States Code.

Sec. 3002. Declaration of policy

    This section amends 23 U.S.C. Sec. 101(b) to make it clear 
that it is in the national interest to expedite the delivery of 
surface transportation projects by substantially reducing the 
average length of the environmental review process.

Sec. 3003. Exemption in emergencies

    This section exempts the reconstruction of a road, highway, 
or bridge damaged by a declared emergency or disaster from a 
NEPA and other specified environmental review, approval, 
licensing, and permit requirements if the reconstruction is in 
the same location with the same specifications as the facility 
had before it was damaged.

Sec. 3004. Advance acquisition of real property interests

    This section amends 23 U.S.C. Sec. 108 to permit states to 
acquire real property interests for a project using their own 
funds and at their own risk before the completion of NEPA 
without jeopardizing subsequent approval of the project. The 
acquisition is eligible for federal reimbursement once the 
project is approved. In addition, this section adds a new 
subsection (d) to allow states to acquire real property 
interests for a project using federal funds once a NEPA review 
is complete for the acquisition. This section also adds a new 
subsection (e) that encourages corridor preservation to reduce 
project costs, project delay, and impacts on the community.

Sec. 3005. Standards

    This section amends 23 U.S.C. Sec. 109 to allow detailed 
design prior to NEPA completion at the state's expense for 
traditional design-bid-build projects. The design work is 
eligible for federal reimbursement once the project is 
approved.

Sec. 3006. Letting of contracts

    This section amends 23 U.S.C. Sec. 112 to allow detailed 
design prior to NEPA completion at the state's expense for 
design-build projects. The design work is eligible for federal 
reimbursement once the project is approved. This section also 
authorizes the use of the construction manager/general 
contractor method of contracting in the federal-aid highway 
program.

Sec. 3007. Elimination of duplication in historic preservation 
        requirements

    This section amends 23 U.S.C. Sec. 138 and 49 U.S.C. 
Sec. 303 to allow approvals and clearances for historic 
property secured by a transportation project sponsor under 
section 106 of the National Historic Preservation Act to meet 
the historic preservation requirements in section 4(f) of the 
U.S. Department of Transportation Act of 1966.

Sec. 3008. Funding threshold

    This section amends 23 U.S.C. Sec. 139(b) to set the 
minimum threshold for federal funding to trigger environmental 
reviews under NEPA. Federal funding triggers federal 
environmental reviews only where there is a substantial level 
of federal involvement. The de minimis threshold is defined in 
two ways: (1) as a total amount (more than $10,000,000) and (2) 
as a percentage of total project costs (16% or more).

Sec. 3009. Efficient environmental reviews for project decision making

    This section further amends 23 U.S.C. Sec. 139 to eliminate 
duplication by providing a single system to review decisions 
and reduce bureaucratic delay by setting deadlines for the 
completion of environmental reviews. Section 139, added in 
SAFETEA-LU, established a new ``environmental review process'' 
for all projects for which an environmental impact statement 
(EIS) is prepared by the USDOT. This process remains vulnerable 
to delay. This section amends section 139 to further streamline 
the environmental review process. More specifically, this 
section amends the following subsections of section 139:
    Section 139(b) is amended to permit the Secretary, at the 
request of the state, to modify the review procedures under 
section 139 to encourage the use of programmatic approaches and 
strategies to meet environmental program and permit 
requirements.
    Section 139(c) is amended to strengthen the role of lead 
agencies in the environmental review process. In cases where 
approval is required from multiple modal administrations within 
DOT, the Secretary shall designate a single modal 
administration as the lead federal agency.
    Section 139(d) is amended to require each participating and 
cooperating agency to carry out its project review process 
concurrently, rather than consecutively, with the NEPA process.
    Section 139(e) is amended to streamline the project 
initiation process by eliminating the requirement for the 
project sponsor to submit a project initiation notice.
    Section 139(f) is amended to narrow the range of 
alternatives to be considered for a project. In addition, this 
section limits the comments of participating agencies to their 
area of authority and expertise. This section also prohibits an 
agency from reevaluating impacts that have been previously 
evaluated in prior environmental documents. This section 
promotes effective decision-making by requiring other federal 
agencies to accept the purpose and need and range of 
alternatives as determined by the lead agency if they do not 
object within a defined comment period.
    Section 139(g) is amended to set deadlines for decisions of 
participating agencies under other environmental laws. If an 
agency does not meet a deadline, the project is deemed approved 
by that agency. Additionally, this section adds a new 
subsection (i) to streamline the process by condensing the 
final environmental impact statement and combining it with the 
record of decision.
    The new section 139(j) prohibits an agency from requiring a 
supplemental environmental review once a record of decision or 
finding of no significant impact is made unless there are 
changes to the project, new information available or changes in 
circumstances that would result in new significant impacts that 
were not previously evaluated. In addition, the Secretary may 
only require a reevaluation of a document prepared under NEPA 
if there are substantial changes to the project that would 
result in new significant impacts that were not previously 
evaluated. Additionally, the Secretary may not require the 
record of decision to be changed solely because the project is 
no longer a priority for funding.
    Subsection (m) requires the Secretary to implement this 
section and establish methodologies and procedures for 
evaluating impact of transportation projects subject to this 
section within 1-year of enactment of this Act.
    Section 139(n) is amended to require the filing of a claim 
for judicial review within 90 days of a final action under 
NEPA.
    Finally, this section adds a new subsection (o) to place 
limitations on judicial review.

Sec. 3010. Disposal of historic properties

    This section amends 23 U.S.C. Sec. 156 to allow state 
transportation departments to sell surplus property that is not 
listed on the National Register of Historic Places without 
having to consider the sale an adverse impact. State 
transportation departments would still have to consider the 
adverse impact of properties that are listed on the Register; 
however, properties that are eligible but not actually on the 
Register would not require the analysis.

Sec. 3011. Integration of planning and environmental review

    This section adds a new section 167 to title 23, U.S.C. 
that promotes the integration of planning and the environmental 
review process by allowing environmental decisions made in the 
planning process to be carried forward into the NEPA process. 
In addition, this section promotes programmatic approaches by 
clarifying the authority for programmatic approaches and 
strategies rather than project-by-project reviews.

Sec. 3012. Development of programmatic mitigation plans

    This section adds a new section 168 to title 23, U.S.C that 
improves process efficiency and funding flexibility for early 
or advanced mitigation and encourages mitigating impacts to 
natural resources at the program level.

Sec. 3013. State assumption of responsibility for categorical 
        exclusions

    This section amends 23 U.S.C. Sec. 326 to allow the 
assignment of responsibility for all categorical exclusions to 
the states. Additionally, it allows the states to assume USDOT 
responsibilities without reducing the flexibility to use other 
project delivery methods, such as acquiring real property 
interests and performing design work prior to the completion of 
the NEPA process.

Sec. 3014. Surface transportation project delivery program

    This section amends 23 U.S.C. Sec. 327 to make permanent 
the existing environmental delegation pilot program and allow 
all states the option to participate. Additionally, it allows 
the states to assume USDOT responsibilities without reducing 
the flexibility to use other project delivery methods, such as 
acquiring real property interests and performing design work 
prior to the completion of the NEPA process. It clarifies that 
a state can assume USDOT's responsibility for making conformity 
determinations under the Clean Air Act, along with all other 
environmental review responsibilities.

Sec. 3015. Program for eliminating duplication of environmental reviews

    This section adds a new section 331 to title 23, U.S.C. 
that eliminates duplication of environmental reviews by 
allowing states to use state environmental requirements in the 
place of federal requirements as long as the state's 
environmental requirements meet or exceed federal requirements.
    The Committee expects that this program will provide 
opportunities to expedite transportation project delivery by 
eliminating duplicative state and federal environmental review 
procedures. The Secretary will be responsible for determining 
whether the alternative environmental review and approval 
procedures of the state are substantially equivalent to 
applicable federal laws and regulations. Furthermore, it is the 
Committee's expectation that units of local government and 
local transportation agencies that are responsible for carrying 
out the environmental review process required by state law will 
be permitted to participate in this program.

Sec. 3016. State performance of legal sufficiency reviews

    This section adds a new section 332 to title 23, U.S.C. 
that allows a state to self-certify the legal sufficiency of a 
NEPA document for a federal-aid highway project. Additionally, 
this provision would allow FHWA in certain circumstances to 
conduct its own independent legal sufficiency review.

Sec. 3017. Categorical exclusions

    This section classifies projects in the right-of-way as 
categorical exclusions under NEPA.

Sec. 3018. Environmental review process deadline

    This section requires the completion of the environmental 
review process within 270 days after the project initiation 
notice is published.

Sec. 3019. Relocation assistance

    This section streamlines the relocation process by 
requiring the Secretary to establish an alternative relocation 
payment process to allow a lump-sum payment for acquisition and 
relocation where elected by the displaced occupant. The payment 
would be based upon just compensation for property acquired and 
estimated eligible relocation benefits calculated in accordance 
with the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970. In addition, this section 
amends the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970 to update assistance amounts 
based on inflation.

                   TITLE IV--TRANSPORTATION PLANNING

Sec. 4001. Transportation planning

    Subsection (a) inserts a new Chapter 52--Transportation 
Planning--in title 49 of the United States Code. Chapter 52 
consolidates the metropolitan and state planning provisions of 
titles 23 and 49 to provide a common transportation planning 
program to be administered by the FHWA and FTA. More 
specifically section 4001 adds the following sections to 
Chapter 52 of title 49:

                   CHAPTER 52_TRANSPORTATION PLANNING

Sec. 5201. Policy

    This section combines the policy provisions of 23 U.S.C. 
Sec. 134 and 49 U.S.C. Sec. 5303. In addition, the section 
clarifies that the intent of this new chapter is to provide a 
common transportation planning program to be administered by 
FHWA and FTA.

Sec. 5202. Definitions

    This section combines the definition provisions of 23 
U.S.C. Sec. 134 and 49 U.S.C. Sec. 5303. This section defines 
regional transportation planning organization.

Sec. 5203. Metropolitan Transportation Planning

    This section combines the existing language in 23 U.S.C. 
Sec. 134 and 49 U.S.C. Sec. 5303.
            ``23 U.S.C. Sec. 5203(a). General Requirements
    This subsection ensures that when the plans and 
transportation improvement programs of a metropolitan area 
provide for the development and integrated management and 
operation of transportation systems and facilities, those 
facilities include intermodal facilities that support intercity 
transportation, and intercity bus and intercity bus facilities.
            ``23 U.S.C. Sec. 5203(b). Designation of metropolitan 
                    planning organizations
    This subsection changes the population threshold for the 
designation of a metropolitan planning organization from 50,000 
to 100,000 individuals. This subsection also restores language 
to allow the designation of a metropolitan planning 
organization to be revoked by agreement among the Governor and 
units of general purpose local government which together 
represent at least 75 percent of the affected population or as 
otherwise provided under state or local procedures.
            ``23 U.S.C. Sec. 5203(d). Coordination of multistate areas
    This subsection repeals the Tahoe Regional Planning 
Process.
            ``23 U.S.C. Sec. 5203(f). Scope of planning process
    This subsection directs metropolitan planning organizations 
to consider projects and strategies that support the economic 
vitality of the metropolitan area, increase the safety and 
security of the transportation system, increase the 
accessibility and mobility of people and for freight, protect 
and enhance the environment, enhance the integration and 
connectivity of the transportation system, promote efficient 
system management and operation, emphasize preservation and 
support intermodal facilities and facilitate regional growth as 
part of the planning process. The Committee believes access to 
natural resources essential to the built environment is 
important to economic vitality and should be considered in the 
planning process. The failure of a metropolitan planning 
organization to consider the listed factors may not be reviewed 
by any court.
            ``23 U.S.C. Sec. 5203(g). Development of long-range 
                    transportation plan
    This subsection requires the metropolitan planning 
organization in formulating the long-range transportation plan 
to consider factors, including other relevant data and factors 
disseminated by the Secretary under the National Strategic 
Transportation Plan requirements in section 5205(b). It also 
directs the metropolitan planning organization to consider the 
role of intercity buses as part of developing a long-range 
transportation plan.
            ``23 U.S.C. Sec. 5203(h). Metropolitan TIP
    This subsection includes intermodal facilities that support 
intercity transportation as a part of the publication of annual 
listings of projects. In addition, this subsection allows a 
Governor to modify the transportation improvement program if 
the state and metropolitan planning organization cannot agree 
on an Interstate project of statewide significance. This 
subsection also directs the metropolitan planning organization 
to modify the long-range transportation plan to be consistent 
with the transportation improvement program.

Sec. 5204. Statewide transportation planning

    This section combines the language from 23 U.S.C. Sec. 135 
and 49 U.S.C. Sec. 5304.
            ``23 U.S.C. Sec. 5204(a). General requirements
    This subsection ensures that when the plans and 
transportation improvement programs of a state provide for the 
development and integrated management and operation of 
transportation systems and facilities, those facilities include 
intermodal facilities that support intercity transportation, 
including intercity buses and intercity bus facilities.
            ``23 U.S.C. Sec. 5204(e). Additional requirements
    This subsection strengthens the requirement for states to 
partner with rural local officials or regional transportation 
planning organizations by requiring cooperation instead of only 
consideration of their concerns.
            ``23 U.S.C. Sec. 5204(f). Statewide strategic long-range 
                    transportation plan
    This subsection lists the requirements for a statewide 
strategic long-range transportation plan, including requiring 
states to:
           consider data and factors disseminated by 
        the Secretary under the National Strategic 
        Transportation Plan requirements in section 5205(b),
           identify transportation projects that are of 
        statewide, regional, and national importance and 
        estimates of the costs of those projects,
           for states that have an airport with at 
        least 1 percent of all delayed aircraft operations in 
        the United States, include measures to alleviate 
        congestion at that airport,
           for states with rail corridors that are at 
        or exceed capacity, include measures to relieve 
        congestion in its freight rail corridors,
           for states with deep draft ports, take into 
        account projected expansion and increase in shipping 
        traffic at those ports,
           for states with navigable inland waterways, 
        include plans to facilitate transportation using 
        navigable inland waterways,
           in developing plan, ensure interconnectivity 
        between facilities and modes.
    This subsection requires the statewide strategic long-range 
transportation plan to be developed in cooperation with 
affected local officials of nonmetropolitan areas with 
responsibility for transportation or, if applicable, through 
regional transportation planning organizations. This subsection 
directs the plan to consider the role intercity buses play in 
reducing congestion, pollution, and energy consumption in a 
cost-effective manner and the strategies and investments that 
preserve and enhance intercity bus systems, including systems 
that are privately owned and operated.
            ``23 U.S.C. Sec. 5204(g). Statewide transportation 
                    improvement program
    This subsection requires the state to develop the 
transportation improvement program in cooperation with local 
officials of nonmetropolitan areas with responsibility for 
transportation or, if applicable through regional 
transportation planning organizations.
            ``23 U.S.C. Sec. 5204(k). Designation of regional 
                    transportation planning organizations
    The bill adds subsection (k) authorizing a state to 
establish and designate regional transportation planning 
organizations in order to enhance the planning, coordination, 
and implementation of statewide strategic long-range 
transportation plans and programs. This subsection requires the 
structure of a regional transportation planning organization to 
be a multi-jurisdictional, voluntary organization of 
nonmetropolitan local officials. This subsection lays out the 
minimum requirements for a regional transportation planning 
organizations including, a policy committee and a fiscal and 
administrative agent. Additionally, this subsection lists the 
duties of a regional planning organization. For states that do 
not establish a regional transportation planning organization, 
the state is required to consult with local officials to 
determine projects that may be of regional significance.

Sec. 5205. National strategic transportation plan

    Section 5205 is added to ensure the Secretary, in 
consultation with state departments of transportation, develop 
a national strategic transportation plan.

Sec. 5206. National performance management system

    Section 5206 requires the Secretary to establish a national 
performance management system to track the nation's progress 
toward broad national performance goals for the nation's 
highway and transit systems. The Secretary is directed to 
establish core performance measures in collaboration with the 
states, metropolitan planning organizations, and public 
transportation agencies. States are directed to establish 
performance targets in their long-range transportation plan.

Sec. 4002. Special rules for small metropolitan planning organizations

    This section grandfathers in as a metropolitan planning 
organization those organizations in an urbanized area with a 
population between 50,000 and 100,000.

Sec. 4003. Financial plans

    This section directs the Secretary to revise the planning 
regulations relating to financial plan requirements.

Sec. 4004. Plan update

    This section requires states to update their statewide 
strategic long-range transportation plan to comply with the 
amended planning requirements.

Sec. 4005. State planning and research funding for title 23

    This section amends 23 U.S.C. Sec. 505 to include research 
activities related to intercity bus systems as an eligible 
expenditure under the state planning and research program.

Sec. 4006. National academy of sciences study

    This section directs the Secretary to enter into 
arrangements with the National Academy of Sciences to conduct a 
study on the implementation of the performance measurement 
process.

                        TITLE V--HIGHWAY SAFETY

Sec. 5001. Amendments to title 23, United States Code

    All repeals or amendments to sections or provisions in this 
title shall be made to title 23, United States Code.

Sec. 5002. Authorization of appropriations

    This section authorizes appropriations out of the Highway 
Trust Fund for section 402, section 303 of title 49 and 
administrative and operating expenses for the National Highway 
Traffic Safety Administration (NHTSA) to carry out chapter 4 of 
title 23. Amounts made available for chapter 4 of title 23 can 
only be used to carry out the programs in chapter 4 and cannot 
be used for construction purposes, unless otherwise provided. 
Funds made available by this section shall be available for 
obligation and administered in the same manner as chapter 1 of 
title 23.

Sec. 5003. Highway safety programs

    Subsection (a) amends 23 U.S.C. Sec. 402(a). Subsection (a) 
requires each state to have a highway safety program. 
Guidelines are established for each state's highway safety 
program. The program requires each state to have an effective 
record system of traffic crash information and requires the 
state program be applicable to federally administered areas.
    Subsection (b) amends 23 U.S.C. Sec. 402(b). Subsection (b) 
changes ``national law enforcement mobilizations'' to a broader 
term. New subparagraphs (F), (G) and (H) are added at the end 
of subsection (b)(1) to incorporate requirements for highway 
safety data and traffic records systems as part of each state's 
highway safety program. Subsection (b)(3) is removed.
    Subsection (c) amends 23 U.S.C. Sec. 402(c). Subsection (c) 
changes the apportionment formula to reward states that have 
primary enforcement safety belt laws, ignition interlock laws, 
and graduated driver's licensing laws with more apportionment 
funds. Each state with a highway safety improvement program 
receives apportioned funds based on population and road 
mileage. Paragraph (3) establishes minimum apportionment 
criteria for states, the Secretary of the Interior and the U.S. 
territories. Paragraph (4) establishes approval criteria for 
each state's highway safety program for the Secretary. If a 
state has more than 0.5 alcohol impaired driving fatalities per 
100,000,000 vehicle miles traveled for the most recent 3 year 
period, that state is required to spend a percentage of their 
apportionment on projects and activities addressing impaired 
driving. States are prohibited from using their apportioned 
funds under this section for any programs involving an 
automated traffic enforcement system. The definition of 
``automated traffic enforcement system'' should include red 
light cameras, speed cameras, and automated license plate 
readers. This section is not intended to diminish or preclude 
enforcement of commercial motor vehicle regulations under title 
23 or title 49.
    Subsection (d) amends 23 U.S.C. Sec. 402(d), (e), (f), and 
(g) by inserting subsection headings in 402(d), (e), (f) and 
(g). Subsection (k) is repealed.
    Subsection (e) adds a new subparagraph (m) that requires 
states to establish performance targets to be incorporated into 
each state's highway safety plan. The performance targets are 
based on the following set of performance measures: the annual 
number of traffic fatalities and serious injuries resulting 
from traffic crashes, the annual number of traffic fatalities 
and serious injuries involving drivers with a blood alcohol 
content of .08 or above, the annual number of unrestrained 
motor vehicle occupant fatalities and the annual number of 
motorcyclist fatalities. A new subsection (n) is added that 
establishes the requirements that each state's highway safety 
plan must meet. If a state fails to meet their performance 
targets, they will be required to spend more of their 
apportionment on projects and activities that address a 
specific safety area. A new subsection (o) is added that 
requires the Secretary to submit a report to Congress that 
evaluates each state's performance with respect to the 
performance targets set by each state and any improvements the 
Secretary may recommend. A new subsection (p) provides 
definitions for terms used in this section. The definition of 
``graduated drivers licensing law'' should not be construed to 
prevent states from having more restrictive graduated drivers 
licensing laws. If in the Secretary's judgment, a state is more 
restrictive than the provisions in the definition, than such 
state should qualify for funding under subsection (c)(2)(E). 
The definition of ``ignition interlock law'' should be 
interpreted to include any state that has enacted and is 
enforcing any law that mandates the installation of an ignition 
interlock device for drivers convicted of driving with a blood 
alcohol content of 0.08 or higher. If a state has a mandatory 
ignition interlock law for drivers convicted of driving with a 
high blood alcohol content, states with such a law shall 
qualify under this definition.

Sec. 5004. Use of certain funds made available for administrative 
        expenses

    This section amends 23 U.S.C. Sec. 403 by authorizing the 
Secretary to conduct highway safety research and establish a 
high visibility enforcement program out of administrative 
expenses. A minimum amount of the allocation for administrative 
expenses shall be spent on activities under this section.

Sec. 5005. Repeal of programs

    This section repeals the following sections:
           23 U.S.C. Sec. 405, the Occupant Protection 
        Incentive Grants program
           23 U.S.C. Sec. 406, Safety Belt Performance 
        Grants program
           23 U.S.C. Sec. 407, Innovative Project 
        Grants program
           23 U.S.C. Sec. 408, State Traffic Safety 
        Information System Improvement program
           23 U.S.C. Sec. 410, Alcohol-Impaired Driving 
        Countermeasures
           23 U.S.C. Sec. 411, State Highway Safety 
        Data Improvements program
           Section 2009 of SAFETEA-LU, High Visibility 
        Enforcement program
           Section 2010 of SAFETEA-LU, Motorcyclist 
        Safety program
           Section 2011, Child Safety and Child Booster 
        Seat Incentive Grants program
           Section 2013 of SAFETEA-LU, Drug-Impaired 
        Driving Enforcement program
           Section 2014 of SAFETEA-LU, First Responder 
        Vehicle Safety program
           Section 2016 of SAFETEA-LU, Rural State 
        Emergency Medical Services Optimization Pilot program
           Section 2017 of SAFETEA-LU, Older Driver 
        Safety; Law Enforcement Training program

Sec. 5006. Discovery and admission as evidence of certain reports and 
        surveys

    This section incorporates 23 U.S.C. Sec. 402 into 23 U.S.C. 
Sec. 409.

Sec. 5007. Prohibition on funds to check helmet usage or create 
        checkpoints for a motorcycle driver or passenger

    This section prohibits the Secretary from awarding grants 
or providing funding for any programs that check helmet usage 
or create checkpoints for motorcycle drivers.

Sec. 5008. National driver register

    This section requires the Secretary to establish and 
implement procedures to ensure timeliness and accuracy of data 
submitted by states to the National Driver Register. Also, 
requires the Secretary to submit a report to Congress on the 
timeliness and completeness of data submitted by states into 
the Nation Driver Register and an analysis of DOT's efforts to 
monitor compliance with reporting requirements.

               TITLE VI--COMMERCIAL MOTOR VEHICLE SAFETY

Sec. 6001. Short title

    This section provides that the short title for title VI of 
the legislation is the ``Motor Carrier Safety, Efficiency, and 
Accountability Act of 2011''.

Sec. 6002. Amendments to title 49, United States Code

    This section provides that all repeals or amendments to 
sections or provisions in this title are to title 49, United 
States Code.

              Subtitle A--Authorization of Appropriations

Sec. 6101. Motor carrier safety grants

    This section amends 49 U.S.C. Sec. 31104 to provide funding 
for motor carriers safety grants and to pay the administrative 
expenses of the Federal Motor Carrier Safety Administration 
(FMCSA).
    Specifically, subsection (a) provides $247,000,000 each 
year for fiscal years 2013 through 2016 from the Highway Trust 
Fund to provide grants to states under the Motor Carrier Safety 
Assistance Program (MCSAP) in section 31102.
    Subsection (b) continues to allow the Secretary to deduct 
1.25 percent or less of the MCSAP funds for administrative 
expenses to carry out the program. The section continues to 
require the Secretary to use 75 percent of these funds for the 
training of non-federal employees with responsibilities under 
the program.
    Subsection (c) codifies a state funding formula for 
distributing MCSAP funds. Currently the funding formula for 
MCSAP is in the federal motor carrier safety regulations. 
Codifying the funding formula will allow states to implement 
long-term strategies to improve commercial motor vehicle 
safety. The subsection sets a minimum and maximum allocation 
for states and allocates that each territory will receive 
$350,000 annually.
    Subsection (d) provides $244,144,000 each year for fiscal 
years 2013 through 2016 from the Highway Trust Fund to pay the 
administrative expenses of the FMCSA. In addition, the 
subsection an outreach and education program administered by 
the FMCSA to educate commercial motor vehicle drivers and 
passenger vehicle drivers how they can operate safely and share 
the road with each other.

Sec. 6102. Grant programs

    This section provides $30,000,000 each year for fiscal 
years 2013 through 2016 from the Highway Trust Fund to provide 
grants to states for the Commercial Driver's License Program 
Implementation under 49 U.S.C. Sec. 31313. In addition, this 
section provides $30,000,000 each year for fiscal years 2013 
through 2016 from the Highway Trust Fund to carry out the 
Commercial Vehicle Information Systems and Networks (CVISN) 
deployment program under section 4126 of SAFETEA-LU. The 
amounts made available under this section are to remain 
available until they are expended and are available for 
obligation either on their date of allocation, or on the first 
day of the fiscal year, whichever occurs first.

                        Subtitle B--Registration

Sec. 6201. Registration requirements

    This section amends 49 U.S.C. Sec. 13901 to require the 
Secretary to provide a distinctive registration number 
indicating the type of transportation or service to be provided 
(e.g.; motor carrier, freight forwarder, or broker). Subsection 
(b) adds a new section 13909 to chapter 139 that directs the 
Secretary to make information relating to registration and 
financial security publicly available on the internet.

Sec. 6202. Motor carrier registration

    Subsection (a) amends 49 U.S.C. Sec. 13902(a)(1) to add 
three new requirements for registration as a motor carrier. 
This section requires motor carriers to demonstrate knowledge 
through a proficiency exam, of safety, accessibility, and 
financial responsibility requirements prior to being granted 
the authority to operate in interstate commerce by the 
Secretary. In addition, a motor carrier must disclose to the 
Secretary any relationship between the applicant and another 
motor carrier and have a valid DOT number. This subsection 
requires a motor carrier to register separately as a broker in 
order to broker transportation services.
    Subsection (b) amends 49 U.S.C. Sec. 13902(a)(2) to add two 
new requirements for registration as a household goods motor 
carrier. In addition, each registrant must undergo a household 
goods audit. The registrant may submit a corrective action plan 
that addresses deficiencies if they fail the audit. This 
section provides that a registration is provisional until the 
audit is successfully completed and becomes permanent upon 
passage of the audit or a satisfactory corrective action plan.

Sec. 6203. Registration of freight forwarders and brokers

    Subsection (a) amends 49 U.S.C. Sec. 13903 to add to the 
registration requirements to be a freight forwarder. This 
subsection sets an experience and training requirement to be a 
freight forwarder. This subsection requires a freight forwarder 
to register separately in order to provide transportation as a 
motor carrier.
    Subsection (b) amends 49 U.S.C. Sec. 13904 to add to the 
registration requirements to be a broker. This subsection sets 
an experience and training requirement to be a broker. This 
subsection requires a broker to register separately in order to 
provide transportation as a motor carrier. This subsection 
requires the Secretary to include the protection of motor 
carriers in regulations for brokers.

Sec. 6204. Effective periods of registration

    This section amends 49 U.S.C. Sec. 13905(c) to direct the 
Secretary to require the registration for freight forwarders 
and brokers to be renewed no later than 4 years after the date 
of enactment of this Act. In addition this section directs that 
the registration for freight forwarders and brokers will expire 
no later than 5 years after the date of renewal, but can be 
further renewed. This section requires motor carriers, freight 
forwarders, and brokers to update their registration 
information within 30 days of any change in essential 
information.

Sec. 6205. Reincarnated carriers

    This section amends 49 U.S.C. Sec. 13905(d) by adding the 
authority for the Secretary to deny, suspend, amend, or revoke 
any part of a motor carrier's registration for failure disclose 
in its application information related to its willingness and 
ability to comply with an applicable law or regulation or a 
condition of its registration. In addition this section amends 
49 U.S.C. Sec. 31135 to prohibit two or more employers from 
using common ownership, common management, common control, or 
common familial relationship to avoid compliance with 
commercial motor vehicle safety regulations. The Secretary is 
directed to deny, suspend, amend, or revoke all or part of the 
employer's registration and determine civil penalty amounts. 
Additionally, this section amends 49 U.S.C. Sec. 31106(a)(3) to 
require the Secretary to develop information systems that can 
determine whether a motor carrier is or has been related to any 
other motor carrier through common ownership, management, or 
familial relationship.

Sec. 6206. Financial security of brokers and freight forwarders

    This section amends 49 U.S.C. Sec. 13906 to amend the 
financial security requirements for brokers and freight 
forwarders. This section requires financial security in the 
form and an amount to be adequate to ensure financial 
responsibility. This section sets the scope of financial 
responsibility for brokers and freight forwarders to be able to 
pay any claim arising from the failure to pay freight charges 
under a contract, agreement, or arrangement for transportation. 
This section requires a broker or freight forward to provide a 
minimum financial security of $100,000, and directs the 
Secretary to evaluate that amount every five years. The 
Secretary is directed to suspend registration if the available 
financial security falls below the minimum amount. This section 
directs the Inspector General of DOT to review the Secretary's 
regulations and enforcement practices for financial security 
requirements.

Sec. 6207. Registration fee system

    This section amends 49 U.S.C. Sec. 13908(d)(1) to require 
registration fees to be as close as possible to covering the 
costs of processing the registration.

Sec. 6208. Unlawful brokerage activities

    This section amends chapter 149 by inserting a new section 
at the end, section 14916. Under this new section, an 
individual is authorized to provide interstate brokerage 
services only if they are registered and have satisfied the 
financial security requirements. Non-vessel-operating common 
carriers, ocean freight forwarders, customs brokers, and 
indirect air carriers are exempted from this requirement if 
they are arranging transportation as part of an international 
through movement. This section establishes a civil penalty for 
unauthorized brokering of transportation.

Sec. 6209. Requirement for registration and USDOT number

    This section amends subchapter III of chapter 311 by 
inserting a new section at the end, section 31134. This section 
authorizes a motor carrier, freight forwarder, or broker to 
operate commercial motor vehicles in interstate commerce if 
they have been registered by the Secretary and issued a USDOT 
number. This section requires the Secretary to register a motor 
carrier if the motor carrier is willing and able to comply with 
the requirements and has disclosed any relationship to another 
motor carrier. This section requires the Secretary to revoke or 
suspend a registration if authority to operate has been revoked 
or suspended under section 13905 or an employer has willfully 
failed to comply with requirements for registration. Nothing in 
this section affects the authority of a state to issue a USDOT 
number.

              Subtitle C--Commercial Motor Vehicle Safety

Sec. 6301. Motor carrier safety assistance program

    This section amends 49 U.S.C. Sec. 31102 to make changes to 
the Motor Carrier Safety Assistance Program (MCSAP).
    Subsection (a) directs the Secretary to administer MCSAP in 
order to assist states with the development and implementation 
of programs for improving motor carrier safety and the 
enforcement of federal regulations, standards, and orders on 
commercial motor vehicle safety and hazardous materials 
transportation safety. Currently states are required to submit 
a plan to the Secretary that acknowledges their agreement to 
assume responsibility for a variety of issues, including 
improving safety and adopting federal regulations, standards, 
and orders set by the Secretary. This section adds a 
requirement for states sharing a land border with Canada or 
Mexico to implement a border commercial motor vehicle safety 
program and enforcement activities. In addition, this section 
requires states to maintain their level of spending on these 
activities at a level that is at least equal to the average of 
the three years prior to enactment of this Act. This section 
directs the Secretary provide guidance and standards to aide in 
helping states reduce commercial motor vehicle crashes. This 
section directs states to establish performance targets for 
enforcement activities that will reduce fatalities and crashes 
and to update those targets annually. This section requires 
states to report to the Secretary the number and rate of 
fatalities and crashes involving commercial motor vehicles in 
the state.
    This section directs the Secretary to annually review the 
plan and assess whether the state is meeting its targets. The 
Secretary is directed to either approve the plan or disapprove 
the plan. If the Secretary disapproves the plan, the Secretary 
is required to provide the state the reason for the 
disapproval. A state may resubmit a disapproved plan. If a 
state is not following its plan or the plan has become 
inadequate, the Secretary may withdraw approval of the plan and 
withhold grant funds.
    A state is eligible for its MCSAP grant allocation if the 
state has an approved plan. If the state does not have an 
approved plan, it is eligible for its MCSAP grant allocation at 
a lower level depending on how long the state has not had an 
approved plan. Withheld funds will be reallocated among other 
states in the following fiscal year. States are required to use 
their grant funds to further the state's plan but may use 5 
percent or less for enforcement activities on noncommercial 
motor vehicles.

Sec. 6302. Performance and registration information systems management 
        program

    This section amends 49 U.S.C. Sec. 31109 to require the 
Secretary to carry out a performance and registration 
information systems management (PRISM) program that links 
federal motor carrier safety information systems with state 
registration and licensing systems. The program enables a state 
to determine the safety fitness of a motor carrier or 
registrant and deny, suspend, or revoke a registration and 
seize the registration plates if the motor carrier's operating 
authority has been revoked. This section requires state 
participation in the PRISM program and allows states to use 
commercial vehicle information systems and networks deployment 
grant funds to meet the PRISM participation requirements.

Sec. 6303. Commercial vehicle information systems and networks 
        deployment grants

    This section amends commercial vehicle information systems 
and networks (CVISN) deployment grant program under section 
4126 of SAFETEA-LU. This section allows CVISN grant funds to be 
used by states to participate in the performance and 
registration information systems management program. This 
section eliminates the legislative caps on the amount a state 
can receive under the CVISN program.

Sec. 6304. Commercial motor vehicle safety inspection programs

    This section amends 49 U.S.C. Sec. 31142(b) to establish an 
annual vehicle inspection program for motorcoaches.

Sec. 6305. Amendments to safety fitness determination

    This section directs the Secretary to consider Safety 
Recommendation H-99-6 of the National Transportation Safety 
Board closed once the safety fitness determination methodology 
is revised.

Sec. 6306. New entrant carriers

    This section amends section 31144(g)(1) to direct the 
Secretary to prioritize new entrant safety review of motorcoach 
companies and hazardous materials carriers by conducting such 
reviews on an accelerated schedule. This section provides that 
a motor carrier's registration is not permanent until it passes 
a new entrant safety review.

Sec. 6307. Improved oversight of motor carriers of passengers

    This section amends 49 U.S.C. Sec. 3144 to require FMCSA to 
conduct safety fitness determinations of, and assign a safety 
rating to, each motorcoach company registered with the agency, 
and ensures regular monitoring of the safety performance of 
motorcoach companies.

Sec. 6308. Driver medical qualifications

    This section amends 49 U.S.C. Sec. 31149(c)(1)(D) to 
develop requirements applicable to medical examiners to be 
listed in the national registry. Subsection (b) amends section 
31149(c)(1) to require additional oversight of licensing 
authorities. This section requires an annual review to assess 
the implementation of commercial driver's license requirements 
of at least 10 states to assess the accuracy, validity, and 
timeliness. The Secretary is directed to establish a national 
registry of medical examiners.

Sec. 6309. Commercial motor vehicle safety standards

    This section directs the Secretary to research the need for 
potential occupant protection standards for truck tractors and 
motorcoaches.

Sec. 6310. Crash avoidance technology

    This section requires the Secretary to study and report to 
the Committee on Transportation and Infrastructure on the 
effectiveness of crash avoidance technologies to lessen the 
impact of distracted driving in commercial motor vehicle 
crashes.

Sec. 6311. Expansion of collision mitigation study

    This section requires the Secretary to expand an ongoing 
study and report to the Committee on Transportation and 
Infrastructure on collision mitigation systems in commercial 
motor vehicles. In order to thoroughly assess the potential of 
this safety technology, the Committee believes that the 
Secretary should work with multiple providers of commercial 
vehicle collision mitigation systems.

             Subtitle D--Commercial Motor Vehicle Operators

Sec. 6401. National clearinghouse for records relating to alcohol and 
        controlled substances testing of commercial motor vehicle 
        operators

    This section amends chapter 313 by inserting adding a new 
section 31306a on a national clearinghouse for verified 
positive alcohol and controlled substance test results and test 
refusals as well as violations of FMCSA alcohol and controlled 
substances regulations of commercial motor vehicle operators. 
This section directs the Secretary to establish and maintain an 
information system that will serve as the clearinghouse. 
Employers are prohibited from allowing an individual to operate 
a commercial motor vehicle until the employer has queried the 
clearinghouse to ensure an individual is eligible under the 
testing program to operate a commercial motor vehicle. This 
section limits the release of clearinghouse information and 
requires compliance with all applicable federal privacy laws 
and regulations. This section authorizes the Secretary to 
collect fees from such employers and other authorized users for 
informational requests. This section provides for civil and 
criminal penalties for violations of this provision.

Sec. 6402. Commercial motor vehicle operator training

    This section requires the Secretary to issue final 
regulations establishing minimum training requirements for 
commercial motor vehicle operators. This section amends 49 
U.S.C. Sec. 31308(1) to add the requirement that an individual 
present a certification of completion of training to receive a 
commercial driver's license.

Sec. 6403. Commercial driver's license program

    This section amends 49 U.S.C. Sec. 31309 to require state 
commercial driver's license information systems to be able to 
receive and submit driver conviction and disqualification 
information.
    This section amends 49 U.S.C. Sec. 31311 to require a state 
commercial driver's license (CDL) program to check the drug and 
alcohol clearinghouse before renewing a CDL. This section 
requires each state to submit a comprehensive CDL program plan 
for approval by the Secretary.
    This section amends 49 U.S.C. Sec. 31313 to make a state 
eligible for CDL grants if the state has an approved plan. In 
addition, this section requires states to maintain their level 
of spending on these activities at a level that is at least 
equal to the average of the three years prior to enactment of 
this Act. This section sets the state funding formula for 
distributing CDL grants and guarantees a state with an approved 
plan a minimum apportionment of one-half of one percent of the 
funds available.

Sec. 6404. Commercial driver's license passenger endorsement 
        requirements

    This section requires the Secretary to review and assess 
the current knowledge and skill testing requirements for a CDL 
passenger endorsement to determine whether improvements are 
necessary. The Secretary is required to send a report on the 
findings to the Committee on Transportation and Infrastructure.

Sec. 6405. Commercial driver's license hazardous materials endorsement 
        exemption

    This section would provide to Class A CDL holders a similar 
exemption from the hazardous materials endorsement requirement 
to the existing one given to restricted drivers license holders 
for hauling up to 1,000 gallons of diesel fuel.

Sec. 6406. Program to assist veterans to acquire commercial driver's 
        licenses

    This section directs the Secretary to establish accelerated 
licensing procedures to help veterans get a CDL.

                    Subtitle E--Motor Carrier Safety

Sec. 6501. Motor carrier transportation

    This section provides that certain agricultural exemptions 
apply interstate.

Sec. 6502. Requirements for hours of service

    This section directs the Secretary to complete by March 31, 
2013, a field study of the effectiveness of the 34-hour restart 
rule published on December 27, 2011, that applies to truck 
drivers. If the results of the study support the 34-hour 
restart rule, the Secretary is directed to move forward with 
implementation. If the results of the study do not support the 
rule, the Secretary is directed to modify the rule through a 
new rulemaking.

Sec. 6503. Electronic logging devices

    This section requires performance standards to be included 
if the Secretary issues regulations regarding electronic 
logging devices that track compliance with hours of service 
requirements for commercial motor vehicle drivers. If an 
electronic logging device is not certified to meet the 
standards, it is not acceptable as evidence of hours of service 
and record of duty status requirements. This section also 
includes additional considerations that include the reduction 
or elimination to retain supporting documentation associated 
with paper-based records of duty status if an electronic 
logging device supplants such documentation. The information 
contained on an electronic logging device may only be used for 
enforcement of motor carrier safety.

Sec. 6504. Motor carrier safety advisory committee

    This section amends section 4144(d) of SAFETEA-LU to 
authorize the motor carrier safety advisory committee through 
September 30, 2017.

Sec. 6505. Transportation of agricultural commodities and farm supplies

    This section amends section 229(a)(1) of the Motor Carrier 
Safety Improvement Act of 1999 to revise exemptions from 
federal maximum driving and on-duty time motor carrier 
regulations for drivers transporting agricultural commodities 
and farm supplies during planting and harvest periods. This 
section extends the exemptions to drivers transporting 
agricultural farm supplies: (1) from a wholesale or retail 
distribution point of the farm supplies to a farm or other 
location where such supplies are intended to be used within a 
150 air-mile radius from the distribution point, or (2) from a 
wholesale distribution point of the farm supplies to a retail 
distribution point of the farm supplies within a 150 air-mile 
radius from the wholesale distribution point. In addition, the 
exemption covers drivers transporting agricultural commodities 
from the source to a location within a 150 air-mile radius from 
the source.

Sec. 6506. Exemption relating to transportation of grapes during 
        harvest periods

    This section exempts from federal maximum driving and on-
duty time motor carrier regulations any drivers transporting 
grapes in a state if the transportation is: (1) during a 
harvest period, and (2) limited to an area within a 175 air-
mile radius from the location where the grapes are picked or 
distributed.

                       Subtitle F--Miscellaneous

Sec. 6601. Exemptions from requirements for certain farm vehicles

    This section exempts certain farm vehicles (including the 
individual operating the vehicle) from certain federal 
requirements (for a CDL, drug testing, medical certificates, 
and hours of service) governing the operation of motor 
vehicles. This section also prohibits federal transportation 
funding to a state from being terminated, limited, or otherwise 
interfered with as a result of the state's exempting a covered 
farm vehicle (including the individual operating that vehicle, 
but excluding any farm vehicle transporting hazardous materials 
requiring a placard) from any state requirements governing the 
operation of that vehicle.

Sec. 6602. Technical correction

    This section amends section 306(c)(2)(B) of the SAFETEA-LU 
Technical Corrections Act of 2008.

Sec. 6603. Study of impact of regulations on small trucking companies

    This section requires the Comptroller General to conduct a 
study to assess trends in motor carrier safety relating to 
small trucking companies and independent operators and requires 
the study to analyze the extent to which safety regulations 
adversely impact and economically and competitively 
disadvantage small trucking companies and independent 
operators.

Sec. 6604. Report on small trucking companies

    This section requires the Secretary to submit to Congress a 
report on the efforts of the DOT to better balance truck 
competition and efficiency with safety.

Sec. 6605. Rulemaking on road visibility of agricultural equipment

    This section requires the Secretary to issue a rule to 
improve the daytime and nighttime visibility of agricultural 
equipment that may be operated on a public road. The rule is 
required to establish minimum lighting and marking standards 
for new agricultural equipment manufactured after the effective 
date of the rule. This rule does not require the retrofitting 
of agricultural equipment.

Sec. 6606. Transportation of horses

    This section amends 49 U.S.C. Sec. 80502 to prohibit the 
transportation of horses in a multi-level trailer and 
authorizes a civil penalty of between $100 and $500 for each 
violation of this prohibition.

Sec. 6607. Regulatory review and revision

    This section requires the Secretary to review and revise 
the federal motor carrier safety regulations to simplify the 
regulations and eliminate requirements that are outmoded or 
excessively burdensome.

Sec. 6608. Issuance of safety regulations

    Directs the Secretary to expedite the issuance of safety 
regulations to carry out this title of the bill.

Sec. 6609. Repeals

    This section repeals the following programs and provisions:
           Section 31104, High-Priority Program, is 
        repealed.
           Section 31107, Border Enforcement Grants, is 
        repealed.
           Subsections (c), (d), and (e) of section 
        4123 of SAFETEA-LU, Commercial Driver's License 
        Information System Modernization, are repealed.
           Section 4127 of SAFETEA-LU, Outreach and 
        Education, is repealed.
           Section 4128 of SAFETEA-LU, Safety Data 
        Improvement Program, is repealed.
           Section 4134 of SAFETEA-LU, Grant Program 
        for Commercial Motor Vehicle Operators, is repealed.
           Section 4023 of TEA-21, the report on Motor 
        Carrier Employee Protections, is repealed.

                   TITLE VII--RESEARCH AND EDUCATION

Sec. 7001. Authorization of appropriations

    This section authorizes appropriations out of the 
Alternative Transportation Account of the Highway Trust Fund 
for 23 U.S.C. Sec. 503, Sec. 503a, Sec. 504, Sec. 512, 
Sec. 514, Sec. 515, Sec. 516 and Sec. 517, and 49 U.S.C. 
Sec. 5506 and Sec. 111 for fiscal years 2013 through 2016.

Sec. 7002. Obligation ceiling

    All obligations made available from the Alternative 
Transportation Account for this title shall not exceed 
$440,000,000 for each of fiscal years 2013 through 2016.

Sec. 7003. Definitions

    This section amends 23 U.S.C. Sec. 501 by adding 
definitions for the terms `connected vehicle technology', 
`incident', `intelligent transportation infrastructure', 
`intelligent transportation system', and `national 
architecture'.

Sec. 7004. Surface transportation research, development and technology

    This section amends 23 U.S.C. Sec. 502 by changing the 
section heading to ``Surface Transportation Research, 
Development, and Technology''. Additional subparagraphs are 
added or amended to align federal responsibilities and the 
Secretary's role in carrying out surface transportation 
research and education with the programs established in other 
section under Title V. New subparagraphs (C) and (D) are added 
to 23 U.S.C. Sec. 502(b)(6) to allow states to transfer their 
allocation under this chapter to other states in order to 
facilitate mutual research, development, and technology 
transfer activities.
    A new section 502(b)(7) is added that allows the Secretary 
to initiate prize competitions to stimulate innovation in the 
area of surface transportation research that is consistent with 
the Secretary's research and deployment objectives and 
activities in section 503.
    Subsection (c) is amended by changing the federal cost 
share to 80 percent for collaborative research and development 
carried out by the Secretary.
    The following programs are repealed from 23 U.S.C. 
Sec. 502:
           23 U.S.C. Sec. 502(d), Contents of Research 
        Program
           23 U.S.C. Sec. 502(e), Exploratory Advanced 
        Research
           23 U.S.C. Sec. 502(f), Long-Term Pavement 
        Performance Program
           23 U.S.C. Sec. 502(g), Seismic Research
           23 U.S.C. Sec. 502(h), Infrastructure 
        Investment Needs Report
           23 U.S.C. Sec. 502(i), Turner-Fairbank 
        Highway Research Center
           23 U.S.C. Sec. 502(j), Long-Term Bridge 
        Performance Program

Sec. 7005. Research and development

    This section amends 23 U.S.C. Sec. 503 by requiring the 
Secretary to carry out a research and development program that 
is consistent with the strategic plan established under 23 
U.S.C. Sec. 508. The areas of surface transportation research 
and development identified are as follows: improving highway 
safety, improving highway infrastructure integrity, reducing 
congestion, improving highway operations, enhancing freight 
productivity, assessing policy and system financing 
alternatives, and exploratory advanced research. Each research 
and deployment area has specified objectives and activities 
relevant to each area.
    Subsection (f)(3) requires the Secretary to carry out an 
Infrastructure Investment Needs Report. Subsection (g) 
authorizes the Secretary to make grants and enter into 
cooperative agreements with entities to pay the federal share 
of research, development and technology transfer under 
subsection (b). Subsection (h) requires the Secretary to 
operate the Turner-Fairbank Highway Research Center to support 
the Secretary's research agenda. Subsection (i) allows the 
Secretary to establish Centers for Surface Transportation 
Excellence.

Sec. 7006. Technology and innovation deployment program

    This section adds a new 23 U.S.C. Sec. 503a which requires 
the Secretary to establish a technology and innovation 
deployment program by promoting and facilitating technologies, 
products, methods or tools resulting from highway research 
conducted under this chapter.
    Subsection (b) outlines the objectives the Secretary shall 
seek to advance in carrying out the program. Subsection (c) 
describes the types of activities the Secretary may carry out 
under the program. Subsection (d) authorizes the Secretary to 
make grants and enter into cooperative agreements with entities 
to pay the federal share of research, development and 
technology transfer under this section. Subsection (e) requires 
the Secretary to incorporate research results and products 
developed under 23 U.S.C. Sec. 510, the Future Strategic 
Highway Research Program.
    As part of the objectives described in subsection (b), the 
Secretary shall carry out deployment of innovative pavements, 
consistent with the research requirements described in section 
503(d)(1)(F), with the potential for extended pavement life 
span and enhanced performance, and reduced initial costs and 
life cycle costs.

Sec. 7007. Training and education

    This section amends 23 U.S.C. Sec. 504 by clarifying the 
duties and courses developed by the National Highway Institute. 
The federal cost share for activities carried out by the local 
technical assistance centers established in section 504(b) is 
50 percent and the federal cost share for tribal technical 
assistance centers will remain at 100 percent.
    Section 504(c) is amended to clarify the eligible expenses 
for the Dwight David Eisenhower Transportation Fellowship 
Program.
    Section 504(d), the Garrett A. Morgan Technology and 
Transportation Education Program is repealed.
    Section 504(e) is amended by removing 23 U.S.C. Sec. 144 
from eligible expenses and adding eligible activities under 23 
U.S.C. Sec. 504(e).
    The subsection heading for section 504(f) is amended.

Sec. 7008. State planning and research

    This section clarifies which programs are required to make 
planning and research activities available for expenditure.

Sec. 7009. International highway transportation outreach program

    This section repeals 23 U.S.C. Sec. 506, the International 
Highway Transportation Outreach Program.

Sec. 7010. Surface transportation-environmental cooperative research 
        program

    This section repeals 23 U.S.C. Sec. 507, the Surface 
Transportation-Environmental Cooperative Research Program.

Sec. 7011. Transportation research and development strategic planning

    This section requires the Secretary, acting through the 
Administrator of the Research and Innovative Technology 
Administration, to develop a 5-year transportation research and 
development strategic plan no later than 1 year after the date 
of enactment of this Act. One of the primary purposes of the 
plan shall be improving goods movement.

Sec. 7012. National cooperative freight transportation research program

    This section repeals 23 U.S.C. Sec. 509, the National 
Cooperative Freight Transportation Research Program.

Sec. 7013. Future strategic highway research program

    This section repeals 23 U.S.C. Sec. 510, the Future 
Strategic Highway Research Program.

Sec. 7014. National intelligent transportation systems program plan

    This section amends the 23 U.S.C. Sec. 512 heading. Section 
512 is amended by requiring the Secretary to develop a 5-year 
National Intelligent Transportation Systems program plan not 
later than 1 year after the date of enactment of this Act.

Sec. 7015. Use of funds for intelligent transportation systems 
        activities

    This section amends the 23 U.S.C. Sec. 513 heading. The 
funds made available under section 7004(a)(4) of this Act shall 
be subject to the requirements of section 513.

Sec. 7016. Intelligent transportation systems program goals and 
        purposes

    This section creates a new 23 U.S.C. Sec. 514, Intelligent 
Transportation Systems Program Goals and Purposes, by moving 
the language found in section 5303 of SAFETEA-LU into the 
United States Code.
    Section 5303 of SAFETEA-LU is repealed.

Sec. 7017. Intelligent transportation systems program general 
        authorities and requirements

    This section creates a new 23 U.S.C. Sec. 515, Intelligent 
Transportation Systems Program General Authorities and 
Requirements, by moving the language found in section 5305 of 
SAFETEA-LU into the United States Code.
    Section 5305 of SAFETEA-LU is repealed.

Sec. 7018. Intelligent transportation systems research and development

    This section creates a new 23 U.S.C. Sec. 516, Intelligent 
Transportation Systems Research and Development, by moving the 
language found in section 5306 of SAFETEA-LU into the United 
States Code.
    Section 5306 of SAFETEA-LU is repealed.

Sec. 7019. Intelligent transportation systems national architecture and 
        standards

    This section creates a new 23 U.S.C. Sec. 517, Intelligent 
Transportation Systems National Architecture and Standards, by 
moving the language found in section 5307 of SAFETEA-LU, except 
section 5307(a)(4), into the United States Code.
    Section 5307 of SAFETEA-LU is repealed.

Sec. 7020. National university transportation centers

    This section repeals section 5505 of subtitle III of title 
49, National University Transportation Centers.

Sec. 7021. University Transportation Research

    This section amends 49 U.S.C. Sec. 5506, University 
Transportation Research. The University Transportation Center 
program is changed by keeping the competitive structure of the 
Regional and Tier I centers. Tier I centers are changed to 
Standard centers and the Tier II centers are repealed. The 
Secretary is required to complete the competitive process for 
both Regional and Standards centers no later than 180 days 
after the date of enactment of this Act. Of the 10 Regional 
centers, the Secretary is required to establish one of the 
centers in the field of comprehensive transportation safety and 
one of the centers in the field of technology for integrated 
transportation systems operation and performance. The Secretary 
is required to post any funding opportunities on the DOT 
website. The Secretary is required to work with the National 
Academy of Sciences on the selection of University 
Transportation Centers. All selection process evaluation 
procedures shall be made transparent by the Secretary.

Sec. 7022. Bureau of transportation statistics

    This section amends 49 U.S.C. Sec. 111 by changing what 
statistics the Bureau is required to collect. Subsection (d), 
the information needs assessment, of section 111 is replaced 
with a new subsection (d), access to federal data, which gives 
the Bureau greater authority to collect relevant transportation 
data from the agencies in DOT and other federal agencies, 
subject to statutory and regulatory restrictions. The reference 
to the Mass Transit Account in subsection (n) is amended to the 
Alternative Transportation Account. Subsection (o)(2)(B) is 
struck.

Sec. 7023. Administrative authority

    This section amends 49 U.S.C. Sec. 112 by adding a new 
subsection (f) which allows a percentage of funding for 
administrative expenses to be used by the Administrator of the 
Research and Innovative Technology Administration for 
evaluation and oversight of the programs administered by the 
Administration.
    A new subsection (g) is added which gives the Administrator 
of the Research and Innovative Technology Administration the 
authority to collaborate with non-federal entities on research 
and development activities. Subsection (g) authorizes the 
Administrator to enter into grants, contracts and cooperative 
research and development agreements with non-federal entities 
on a cost shared basis. The use of technology under any grant, 
contract or cooperative agreement is subject to the Stevenson-
Wydler Technology Innovation Act of 1980.

Sec. 7024. Technical and conforming amendments

    Subsection (a) repeals sections 5308, 5309, 5310, 5501, 
5506, 5507, 5511, and 5513 of SAFETEA-LU.
    Subsection (b) makes conforming changes to the table of 
contents in SAFETEA-LU.
    Subsection (c) amends section 6010(c) of SAFETEA-LU by 
striking the reference to subtitle C of title V and inserting 
23 U.S.C. Sec. 501.

                         TITLE VIII--RAILROADS

         Subtitle A--Intercity Passenger Rail Capital Programs

Sec. 8001. Capital grants for class II and class III railroads

    This section repeals capital grants for class II and class 
III railroads grant program, authorized in the Energy 
Independence and Security Act of 2007 (P.L. 110-140) for 
$50,000,000 annually, though grant funding was never 
appropriated.

Sec. 8002. Congestion grants

    This section repeals the congestion grants program, 
authorized in the Passenger Rail Investment and Improvement Act 
of 2008 (P.L. 110-432) for $100,000,000 in fiscal years 2012 
and 2013.

Sec. 8003. Intercity passenger rail capital grants to states

    This section makes several edits and amendments to 49 
U.S.C. Sec. 24402, including:
           eliminating Sec. 24402(b) as duplicative;
           amending Sec. 22402(c)(1)(D) to require 
        competition for operating contracts for passenger rail 
        service on projects funded under this program 
        authorization;
           eliminating Sec. 22402(c)(2)(B)(vi)-(v) as 
        burdensome;
           deleting Sec. 22402(g)(3)-(4); and
           amending Sec. 22402(h) to require any 
        unobligated amount be used to pay down the federal 
        deficit.

                           Subtitle B--Amtrak

Sec. 8101. Authorization for Amtrak operating expenses

    This section reduces Amtrak operating subsidies for FYs 
2012-2013 by twenty-five percent. This reduction aligns 
Amtrak's authorization for operating expenses with the 
appropriated level of funding for operating expenses since FY 
2010.

Sec. 8102. Limitations on Amtrak authority

    This section amends 49 U.S.C. Sec. 24305 to add subsection 
(g) that prohibits Amtrak from using federal funds to hire 
outside counsel to sue another passenger rail service provider 
or to pursue a lawsuit against a passenger rail service 
provider arising from a competitive bid process. This section 
does not prohibit Amtrak from using its own funds for these 
purposes, including hiring outside counsel to sue another 
passenger rail service provider.
    Amtrak competes with other private passenger rail operators 
for commuter rail operating contracts. In the competitive 
bidding process, sometimes Amtrak wins the operating rights, 
and sometimes their private sector competitors win. Open 
competition for rail operations saves regional transportation 
authorities' taxpayer dollars, while improving the services 
provided. When the San Joaquin Regional Rail Commission bid out 
its start-up Altamont Commuter Express, Herzog won the contract 
with a bid of $5.37 million and that was 48% lower than 
Amtrak's $10.32 million bid. Similarly, Keolis began operating 
Virginia Railway Express in 2010 after winning a 5-year 
operating contract with a bid that was $1 million less than 
Amtrak's.
    Furthermore, when South Florida Regional Transportation 
Authority bid out operations of its Tri-Rail South Florida 
service, Veolia Transportation beat Amtrak's bid to operate by 
over $60 million. Amtrak did not file a bid protest challenging 
the bid process, but instead filed an employment-related suit 
in Federal District Court. Veolia, however, has been forced to 
defend a lawsuit for over four years and has spent $2 million 
on legal fees. Veolia estimates these costs will double once 
the case is through the appeals process and completed. While a 
private company must absorb legal costs related to litigation, 
Amtrak currently may fund its litigation expenses with its 
federal funding. By restricting Amtrak's use of federal funds 
for these purposes, this provision effectuates the intent of 
Amtrak's organic statute, 49 U.S.C. Sec. 24301(a)(2), that 
Amtrak ``shall be operated and managed as a for-profit 
corporation.'' The intent of this provision is to ensure that 
Amtrak not use federal funds to chill competition for the 
provision of passenger rail service.

Sec. 8103. Applicability of laws

    Section 8013(a) applies certain provisions of Title 18 to 
Amtrak and the Amtrak Office of the Inspector General (Amtrak 
IG) to ensure that the federal funding Amtrak receives is 
protected from fraud, waste, and abuse.
    Section 8013(b) clarifies that claims and statements made 
to Amtrak are considered as claims and statements under the 
False Claims Act to ensure Amtrak IG has the necessary tools to 
protect the government and taxpayer dollars from fraud.
    Section 8013(c) applies these sections to Amtrak only in 
those years in which Amtrak receives a federal subsidy.

Sec. 8104. Inspector General of Amtrak

    A new provision, 49 U.S.C. Sec. 24317, is added to ensure 
federal funds are protected and spent wisely. New subsection 
24317(a) grants Amtrak IG the authority to investigate fraud, 
waste, and abuse. New subsection 24317(b) ensures that Amtrak 
IG, which is fully funded by federal appropriations, may take 
advantage of the General Services Administration's programs 
designed to conserve federal resources, reduce expenses, and 
increase efficient operations. New subsection 24317(c) extends 
qualified immunity to Amtrak IG personnel to ensure performance 
of their statutory duties is not hindered by the threat of 
litigation and liability.

Sec. 8105. Amtrak management and accountability

    This section revises 49 U.S.C. Sec. 24310 to properly 
reflect the roles of the DOT IG and the Amtrak IG with respect 
to reporting on the implementation of PRIIA by DOT and Amtrak, 
respectively.

Sec. 8106. Amtrak food and beverage service

    This section revises 49 U.S.C. Sec. 24305 to add a new 
subsection that requires the FRA to competitively bid out food 
and beverage service on Amtrak trains. Amtrak's IG reported 
than in fiscal year 2010, Amtrak lost $61 million in direct 
costs on its food and beverage service, and the U.S. Government 
Accountability Office (GAO) has previously noted that Amtrak 
spends about $2 to earn $1 in food and beverage revenue.

Sec. 8107. Application of Buy America to Amtrak

    This section adds new paragraphs 49 U.S.C. 
Sec. 24305(f)(5)-(6) that apply Buy America provisions to 
Amtrak for all contracts carried out with federal funds and 
requires public notice of and justification for any waivers 
requested for Buy America.

               Subtitle C--Project Development and Review

Sec. 8301. Project development and review

    This section adds new chapter 229 to title 49 that will 
streamline the environmental review process for rail projects.
            ``49 U.S.C. Sec. 22901. Applicability
    This section applies the chapter to all freight and 
passenger rail capital projects that are planned to be carried 
out with FRA funds either through a loan, grant, contract, or 
other financing. This section also requires the chapter be 
broadly construed to ensure all ambiguity is resolved in favor 
of applying the chapter.
            ``49 U.S.C. Sec. 22902. Definitions
    This section defines terms for the chapter.
            ``49 U.S.C. Sec. 22903. Efficient environmental reviews for 
                    rail project decision making
    This section closely follows 23 U.S.C. Sec. 139 and is 
generally intended to speed up the environmental review process 
for rail projects.
    Subsection (a) applies to all EIS for projects and any 
other environmental review if determined appropriate by 
Secretary. The subsection also allows the authorities granted 
under the section to be used on a project, class of projects, 
or program of projects and allows procedures to be modified for 
programmatic compliance. It also excludes certain actions from 
review if they fall below a funding threshold to tie the 
environmental review process to the level of federal interest 
in the project.
    Subsection (b) establishes the role of the DOT as lead 
agency and sets out the roles of other federal and non-federal 
agencies and entities, including project sponsors, in the 
environmental review process to help streamline coordination of 
the process. Paragraph (b)(5) requires federal agencies to use 
the environmental documents created under this review process 
to eliminate duplicative environmental reviews.
    Subsection (c) requires that the lead agency invite all 
federal and non-federal agencies with an interest in the 
project to become participating agencies. A federal agency 
invited to be a participating agency must accept, unless it 
declines in writing stating it has no jurisdiction or 
authority. Also allows participating agencies to be deemed 
cooperating agencies and requires that participating and 
cooperating agencies carry out their reviews concurrently.
    Subsection (d) requires the project sponsor to notify the 
lead agency of the type of work, length, and location of the 
project, and any expected approvals needed, which is intended 
to help lead agencies in inviting other agencies to 
participate.
    Subsection (e) requires the lead agency to involve the 
public as early as possible in defining purpose and need and 
requires the purpose and need to clearly state the project 
objectives. Similarly, paragraph (e)(4) requires early 
determination with public involvement of the range of 
alternatives. The range of alternatives is restricted under 
(e)(4)(B)(ii) to not allow reevaluation of any alternative 
evaluated but not adopted in a federal or state environmental 
document for the rail or transportation plan or in a 
programmatic or tiered environmental document. Clause 
(e)(4)(B)(iii) deems that alternatives evaluation legally 
sufficient.
    Subparagraph (e)(4)(C) requires the lead agency to decide 
on the methodologies for evaluating the alternatives with input 
from participating agencies as part of the scoping process. 
These changes will eliminate delay later in the review process 
through early identification of these matters with public 
input.
    Subparagraph (e)(4)(D) allows a preferred alternative to be 
developed to higher level of detail, which speeds the decision-
making process by focusing resources on which alternative is 
preferred.
    Subparagraph (e)(4)(E) limits re-evaluation of cumulative 
impacts and growth-inducing impacts if previously studied in 
prior planning or environmental document. These evaluations are 
deemed legally sufficient.
    Paragraph (e)(5) allows the lead agency to deem that 
participating agencies concur with the decisions of the lead 
agency under the subsection, unless the participating agency 
submits written objections within a specified timeframe.
    Paragraph (f)(1) allows for early coordination and 
scheduling between agencies to ensure the process has a time 
certain for completion. Paragraph (f)(2) also establishes 
comment deadlines on the draft EIS and other documents to 
create certainty for the completion of the environmental review 
process. Paragraph (f)(3) requires participating agencies to 
make decisions under other laws they administer within a 
specified timeframe to ensure one agency does not hold up the 
review process. Failure to make a decision in that timeframe 
deems the project approved by that agency, but does not subject 
the agency to judicial review.
    Subsection (g) ensures the environmental process moves 
smoothly by establishing an issue identification and resolution 
process early on in the review for matters identified by 
participating agencies that might delay or prevent approval of 
the project. Resolutions under the process are not to be re-
evaluated and are deemed compliant with applicable laws.
    Subsection (h) streamlines the decision-making process by 
requiring a condensed final EIS and record of decision to 
eliminate lapse in time between the issuance of the two 
documents, where the preferred alternative has not changed from 
the draft EIS and the Secretary determines the parties involved 
will implement the measures applicable to the approval.
    Subsection (i) restricts when supplemental environmental 
reviews and reevaluations may occur to when changes in the 
project will result in significant impacts or there is a change 
in circumstances or new information and more than 5 years has 
lapsed since approval, which will ensure that once a project is 
studied it need not be subjected to further environmental 
review.
    Subsection (j) requires the Secretary to establish a 
program to measure and report on progress of improving and 
expediting the planning and environmental review process.
    Subsection (k) allows states to request that parts of its 
funds may be used to aid federal, state, or tribal agencies in 
expediting and improving planning and delivery for rail 
projects.
    Subsection (l) requires the Secretary to issue regulations 
to implement the section and establish methodologies and 
procedures to evaluate environmental impacts. If the 
environmental review follows these procedures it is deemed 
compliant with applicable law.
    Subsection (m) establishes a 90-day statute of limitations 
on claims arising from the environmental review process. 
Paragraph (m)(2) clarifies that a supplemental EIS is 
considered a separate action and establishes a similar 90-day 
review period. Doing so creates greater certainty for projects 
to move forward without the specter of judicial review and 
delay.
    Subsection (n) establishes venue for relief where the 
project is located and limits those that may seek relief to 
individuals with a specific property interest and that have 
identified their claims in the draft EIS comment period.
            ``49 U.S.C. Sec. 22904. Integration of planning and 
                    environmental review
    This section is intended to reduce duplicative study and 
analysis, by allowing the use of decisions from planning 
documents to be brought up into the environmental review 
process at the scoping stage.
    Subsection (a) allows the lead agency to adopt planning 
products into the environmental review at the scoping stage.
    Subsection (b) identifies the types of planning decisions 
allowed to be adopted, including purpose and needs or goals and 
objectives statement; decisions regarding project location; 
decisions regarding alternatives for study or elimination; 
description of the environmental settings; decision on 
methodologies for analysis; and decisions on programmatic 
mitigation. It also allows for certain analyses to be used from 
planning documents, such as freight and passenger rail needs, 
development and growth, population and employment, 
environmental conditions, land use, potential environmental 
effects, and mitigation needs.
    Subsection (c) identifies the conditions for use of a 
planning document, including that the plan was developed per 
federal law, the planning process contained broad consideration 
of needs and effects, the planning process gave notice to the 
public and agencies, documents related to the planning were 
made available to the public and agencies pre-scoping, no new 
information or circumstance has arisen to effect the product, 
based on reliable data and good methodologies, it is 
sufficiently documented, and the product is appropriate for use 
in an environmental review.
    Subsection (d) clarifies that if the document is adopted it 
will not be subject to reconsideration or additional 
consultation unless the lead agency determines there is new 
information or circumstances warranting. It also allows other 
agencies to rely on the planning product in their reviews.
    Subsection (e) clarifies that the section is not to be 
construed to make environmental laws are applicable to the 
development of planning products.
            ``49 U.S.C. Sec. 22905. Eliminating duplicative 
                    environmental reviews
    This section establishes a program to allow state 
environmental laws to be used for projects in lieu of federal 
environmental laws.
    Subsection (b) allows state to participate through 
application. The application must give an explanation of the 
alternative environmental review of the state, how those laws 
are substantially equivalent to federal law, and evidence of 
having sought public comments on the application.
    Subsection (c) requires the Secretary to review and decide 
on the application within 90 days and give the state written 
reasons for the decision.
    Subsections (d) require the Secretary to approve the 
application if the laws are found to be substantially 
equivalent to federal laws.
    Once approved, subsection (e) states that compliance with 
state permits are deemed to be compliant with federal laws, 
thereby reducing the separate state and federal environmental 
review processes.
    Subsection (g) requires an annual report to Congress 
describing the administration of the program.
            ``49 U.S.C. Sec. 22906. Railroad corridor preservation
    This section allows entities to acquire rights of way and 
adjacent property prior to completion of environmental review. 
This section does not allow development of the property until 
final approval of the project and the environmental reviews are 
complete.
            ``49 U.S.C. Sec. 22907. Treatment of railroads for historic 
                    preservation
    This section precludes entire railroads or portions thereof 
from being designated as historic sites, but allows an 
exception for depots and bridges, or other significant 
structures as determined by the Secretary. Because most rail 
lines are over 50 years old, they can become eligible for 
historic review, even if they do not have any specific 
historical feature other than age. The intent of this section 
is to treat railroads similar to the way the interstate highway 
system is treated under 23 U.S.C. Sec. 103 for historic 
preservation purposes, and allow the Secretary to develop a 
list of individual railroad elements that deserve historic 
preservation treatment.
    The Committee on Transportation and Infrastructure held a 
hearing on this issue in June 2008. Though a report was 
required in section 407 of the Passenger Rail Investment and 
Improvement Act of 2008, the report is over two years past due. 
This section is intended to resolve continued concerns 
expressed by states such as Alaska and North Carolina where 
historic preservation reviews have held up projects that would 
improve bridge safety or enhance mobility. For example, the 
Alaska Railroad Corporation (ARRC) proposed extending a siding 
2000 feet and because the State Historic Preservation Office 
(SHPO) required additional historic evaluation, costs increased 
more than $25,000 and the project was delayed 4 months. 
Likewise, even unsafe, mundane bridges can be subjected to 
historic review simply because of age. In the case of ARRC's 
bridge 432.1, the state wanted to replace its failing 
foundation for safety reasons. Though the bridge was not 
unique, the historic preservation review delayed the project 
over a year and increased the costs. Similarly, in North 
Carolina, a historic review of the Southeast High-Speed Rail 
Corridor to determine eligibility of the corridor for the 
National Register of Historic Places increased the project 
costs by approximately $150,000 and added 6 months to the 
project schedule. This section is intended to address these 
concerns while protecting historic elements of railroads.
            ``49 U.S.C. Sec. 22908. Categorical exclusions
    Subsection (a) requires that certain types of projects be 
categorically excluded from extensive NEPA review, including 
maintenance and replacement of tracks, bridges, structures, 
stations, communications, etc.; rail line additions in a right-
of-way; projects related to positive train control; and 
replacement, reconstruction, and rehabilitation of existing 
bridges, as long as it does not require acquisition of 
significant new right-of-way.
    Subsection (b) allows the Secretary to categorically 
exclude a project if the project would fit within a categorical 
exclusion but for an additional action, if the additional 
action is properly studied.
    Subsection (c) authorizes the FRA to use of other 
administrations' categorical exclusions to the extent they may 
be applicable to the project before FRA.
            ``49 U.S.C. Sec. 22909. State assumption of responsibility 
                    for categorical exclusion
    This section is similar to 23 U.S.C. Sec. 326 and allows 
the Secretary to delegate to the states, at the Secretary's 
discretion, the authority to determine if certain activities 
are within classes of action that are categorically excluded 
from environmental reviews.
    Subsection (b) allows the Secretary to also assign to the 
state, the Secretary's role under other laws that it would 
otherwise have to undertake for categorical exclusions. If the 
state assumes such role, it is solely responsible and liable 
for the carrying out that law.
    Paragraphs (c)(1) and (c)(2) require the state and 
Secretary, after notice and comment, to enter into a 3-year, 
renewable, memorandum of understanding to carry out the 
section.
    Paragraph (c)(3) requires that the state accept federal 
court jurisdiction for enforcement of its responsibilities.
    Paragraph (c)(4) requires the Secretary to monitor the 
state's compliance, including financial ability of the state to 
carry out the program.
    Subsection (d) allows the Secretary to terminate the 
memorandum of understanding if the state is not carrying out 
its responsibilities.
    Subsection (e) clarifies that the state agency is deemed a 
federal agency for the purposes of the federal laws being 
carried out.
            ``49 U.S.C. Sec. 22910. Rail project delivery program
    This section is similar to 23 U.S.C. Sec. 327. In 
subsection (a) it allows the Secretary to develop a program to 
delegate to the states, upon the Secretary's approval, the 
authority to conduct the environmental review required for a 
project, class of projects, or program of projects or any 
authority under other federal environmental laws to the same 
extent required of the Secretary.
    Subsection (b) requires regulations to establish the 
program and application requirements, including that 
applications contain the project or class of projects for which 
the state plans to exercise the authority, verification the 
state has the financial resources, and evidence on the state 
obtaining notice and comment on its applications.
    Paragraph (b)(3) requires each state to give notice and 
public comment of its intent to apply for the program.
    Paragraph (b)(4) requires approval of an application if the 
regulatory requirements are met, the state has the capability 
to assume the responsibility, and the head of the state agency 
enters an agreement with the Secretary.
    Paragraph (b)(5) allows the Secretary to solicit comments 
of certain other federal agencies if applicable.
    Subsection (c) outlines the requirements of the written 
agreement between the state and Secretary including, it be for 
a 5-year, renewable term, the state agrees to federal court 
jurisdiction, the state agrees to assume all or part of the 
responsibilities, the state has sufficient public notice laws, 
and will maintain sufficient financial responsibility.
    Subsection (d) establishes legal jurisdiction for review in 
federal courts and applies the same legal standards and 
requirements to the state as would be applied to the Secretary.
    Subsection (e) clarifies that the state is solely liable 
and responsible for carrying out responsibilities assumed.
    Subsection (f) ensures the Secretary may not assign a state 
rulemaking authority.
    Subsections (g)-(h) require the Secretary to audit and 
monitor compliance by the state.
    Subsection (i) requires annual report to Congress on the 
program.
    Subsection (j) allows the Secretary to terminate a state's 
participation after notice to the state and an opportunity to 
take corrective action.
            ``49 U.S.C. Sec. 22911. Exemption in emergencies
    This section exempts from environmental reviews the 
reconstruction of a railroad, track, bridge, or other facility 
damaged in an emergency if that reconstruction project meets 
certain requirements.

     Subtitle D--Railroad Rehabilitation and Improvement Financing

Sec. 8301. Railroad Rehabilitation and Improvement Financing

    Subsection (a) of this section sets forth the purpose of 
the section which is to encourage more participation in the 
Railroad Rehabilitation and Improvement Financing (RRIF) 
program. It also requires the Secretary to issue regulations to 
carry-out the amendments made by the section.
    Subsection (b) amends Sec. 502(b)(1)(C) of the Railroad 
Revitalization and Regulatory Reform Act of 1976 to make high-
speed rail facilities eligible for RRIF loans.
    Subsection (c) amends Sec. 502(f)(1) to allow private 
insurance, including bond insurance, to cover loan costs.
    Subsection (d) amends Sec. 502(f)(3) to allow the credit 
risk premium to be financed over the term of the loan.
    Subsection (e) ensures the full value of the asset offered 
as collateral is credited and allows the Secretary to 
subordinate his/her rights under other provisions of to the 
rights of the Secretary under this section and section 503.
    Subsection (f) is amended to ensure that the time limit for 
approval of the loan includes any review required by the Office 
of Management and Budget.
    Subsection (g) adds a new paragraph to Sec. 502(i) 
requiring the Secretary to establish procedures to establish a 
45-day time limit on determining whether a new RRIF loan 
application is complete, and that the procedures include what 
constitutes a complete application, provide for an independent 
financial analyst, a description of what is incomplete or 
unsatisfactory, and permit reapplication without prejudice.
    Subsection (i) provides that RRIF loans for positive train 
control systems (PTC) are automatically in the public interest 
and requires the Secretary to accept the entire cost of the PTC 
system as collateral.
    Subsection (j) adds a new Sec. 502(k) requiring an annual 
report to Congress summarizing RRIF loan activity over the past 
year, the report shall include the number of pre-application 
meetings, number of applications received and determined 
complete, dates of receipt, dates applications deemed complete, 
number of applications deemed incomplete, final decisions on 
approval/disapproval, number of applications withdrawn, and 
annual loan portfolio asset quality.

                   Subtitle E--Positive Train Control

Sec. 8401. Positive train control

    This section amends the mandate enacted in the Rail Safety 
Improvement Act of 2008 (P.L. 110-432) requiring passenger and 
class I freight railroads to implement PTC collision avoidance 
systems on track over which intercity and commuter passengers 
travel, or over which poison or toxic-by-inhalation hazardous 
materials are transported. Subsection (a) amends 49 U.S.C. 
Sec. 20156 to clarify that, except as required by section 
20157, nothing in this section shall be construed as requiring 
the installation of PTC on railroad tracks if PTC is not 
required on those tracks by section 20157 and PTC on those 
tracks is not chosen by the railroad as a technology to be 
implemented under this section.
    Paragraph (b)(1) changes the PTC implementation date in 49 
U.S.C. Sec. 20157 to December 31, 2020, clarifies that 2020 
shall be the baseline year, and eliminates the Secretary's 
authority to require PTC on track not identified in statute. 
The FRA has noted a cost-benefit ratio of 22:1 in its final 
rule implementing PTC, with 20 year costs estimated at $13.21 
billion. There are significant technological issues associated 
with PTC that require additional time for consideration. PTC is 
a communications intensive technology that requires continuous 
availability of radio frequency spectrum throughout the 
operating environment to support the data being transferred. 
Supporting this immense transfer of data communications 
requires a large amount of radio spectrum. Spectrum is also 
necessary to achieve interoperable communications between 
commuter and freight railroads which often operate on the same 
tracks. Many commuter rail agencies have encountered 
significant difficultly acquiring the spectrum over which these 
radios must operate.
    Additionally, PTC technologies are largely untested in the 
commuter rail environment. In comparison to freight and 
intercity rail operations, the commuter rail environment poses 
unique challenges given the high traffic volumes, close 
headways, and reliability demands that have a low tolerance for 
service delays. To ensure successful and cost effective 
operations, PTC systems must be carefully integrated to allow 
for these high volumes of service and must be calibrated to 
meet the needs of the precise operating environment of a 
commuter railroad. Until proper testing in the commuter rail 
environment is conducted, there can be no definitive resolution 
as to whether or not PTC will increase travel time or result in 
service disruptions. Extensive development, testing, and 
validation are necessary to ensure operations success.
    A December 2010 report by the GAO entitled ``Rail Safety: 
Federal Railroad Administration Should Report on Risks to the 
Successful Implementation of Mandating Safety Technology'' 
found that while all railroads impacted by PTC requirements 
have been putting forth good faith efforts to meet the mandate, 
there is a strong potential for delays if certain problematic 
components of the process are not rectified in a timely manner. 
The GAO further noted that ``demonstrating a high level of 
maturity before allowing new technologies into product 
development programs increases the chance for successful 
implementation and that, conversely, technologies that were 
included in a product development program before they were 
mature later contributed to cost increases and schedule 
delays.''
    Paragraph (b)(2) allows railroad carriers, in lieu of 
installing positive train control, to utilize an alternative 
risk reduction strategy on lines carrying poison- or toxic-by-
inhalation hazardous materials, but not on lines carrying 
passenger trains. Providing the opportunity to pursue 
alternative risk reduction strategies offers a technology 
neutral approach that allows for flexibility to reduce the risk 
of poison- or toxic-by-inhalation hazardous materials to the 
same extent these risks would be reduced using PTC. This 
approach is consistent Obama's Executive Order 15563 (January 
18, 2011), Improving Regulation and Regulatory Review.
    Paragraph (b)(3) allows a railroad carrier to revise an 
implementation plan as necessary to reflect rail lines that are 
added or removed, or to reflect the use of alternative risk 
reduction strategies.
    Paragraph (b)(4) pushes back the date for the Secretary's 
report to Congress on the progress of PTC implementation, 
requires the report include recommendations for improving PTC 
implementation or alternative risk reduction strategies.

                     Subtitle F--Regulatory Reform

Sec. 8501. Federal Railroad Administration regulations

    Subsection (a) amends section 103 of title 49, U.S.C. by 
adding a new paragraph, 49 U.S.C. Sec. 103(l), which provides 
that before any final regulation is issued, the Administrator 
shall consider the governing legal authority; the nature and 
significance of the problem; whether existing rules have 
created or contributed to the problem and changes to those 
rules; the best reasonably obtainable scientific, technical, 
and other information; the potential costs and benefits; means 
to increase the cost-effectiveness; incentives for innovation, 
consistency, predictability, lower costs of enforcement and 
compliance (to government entities, regulated entities, and the 
public), and flexibility; and any reasonable alternatives. The 
paragraph also requires the Administrator to solicit and take 
into consideration public comment on these subjects and to 
follow applicable rulemaking procedures. Subsection (b) ensures 
this change is only effective with respect to regulations where 
no notice of proposed rulemaking has been issued. This section 
supports the objectives of President Obama's Executive Order 
15563 (January 18, 2011): Improving Regulation and Regulatory 
Review.

                   Subtitle G--Technical Corrections

Sec. 8601. Miscellaneous corrections, revisions, and repeals

    Subsection (a) makes technical corrections to provisions of 
the United States Code enacted in, or amended by, the Rail 
Safety Improvement Act of 2008, including minor corrections for 
technical reasons to clarify the meaning of the provisions, 
such as substitution defined statutory terms for undefined 
terms; to replace colloquial language with more formal 
language; to correct an error of spelling; capitalization, 
punctuation, or diction; or to eliminate an ambiguity or 
internal inconsistency.
    Subsection (b) makes technical corrections to the Rail 
Safety Improvement Act of 2008, including minor corrections for 
technical reasons to clarify the meaning of the provisions, 
such as substitution defined statutory terms for undefined 
terms; to replace colloquial language with more formal 
language; to correct an error of spelling; capitalization, 
punctuation, or diction; or to eliminate an ambiguity or 
internal inconsistency.
    Subsection (c) makes technical corrections to provisions of 
the United States Code enacted in, or amended by, the Passenger 
Rail Investment and Improvement Act of 2008 (PRIIA).
    Subsection (c) makes technical improvements to the section 
214 Alternate Passenger Rail Service Pilot to allow for a 5-
year, renewable operations period and to allow the Secretary to 
provide directly to a winning bidder any portion of 
appropriations for Amtrak necessary to cover the operating 
subsidy described in subsection (a)(5)(B).
    Subsection (c) also amends certain grant selection criteria 
to require competition and removes certain competitive grant 
selection criteria placing unnecessary requirements on rail 
carriers and granting the Secretary overly broad discretion.
    Subsection (d) amends section 209(c) of PRIIA requiring 
implementation of the new cost-allocation methodology for 
state-supported Amtrak routes, to align the cost-allocation 
methodology implementation with state budget processes.

                       Subtitle H--Miscellaneous

Sec. 8701. Application of Buy America to intercity passenger rail 
        service corridors

    This section adds new paragraphs 49 U.S.C. 
Sec. 24405(a)(11)-(15) that apply Buy America provisions to all 
contracts carried out with federal funds and requires public 
notice of any waivers requested for Buy America.

Sec. 8702. Prohibition on use of funds for California high-speed rail

    This section prohibits any funds in the Act from being used 
for high-speed rail projects in California.

Sec. 8703. Disadvantaged business enterprises

    Subsection (a) requires that at least 10 percent of capital 
grant program funds under FRA's jurisdiction be expended 
through small businesses owned by socially and economically 
disadvantaged individuals.
    Subsection (b) defines terms for the section.
    Subsection (c) allows disadvantaged businesses to still be 
eligible to receive funds if the disadvantaged business 
enterprises (DBE) program is deemed unconstitutional and is 
consistent with the savings clause currently in the federal 
highways and federal transit DBE programs.
    Subsection (d) requires the program be implemented in 
accord with the federal highways and federal transit DBE 
programs.

              TITLE IX--HAZARDOUS MATERIALS TRANSPORTATION

Sec. 9001. Short title and table of contents

    This section provides the short title and table of contents 
for title IX of the bill.

Sec. 9002. Amendment of title 49, United States Code

    This section provides that all repeals or amendments to 
sections or provisions in title IX of the bill shall be to 
title 49, United States Code.

Sec. 9003. Findings

    This section makes certain findings regarding the 
transportation of hazardous materials.

Sec. 9004. Purposes

    This section amends section 49 U.S.C. Sec. 5101 to remove 
language that negatively implies the transportation of 
hazardous materials is dangerous.

Sec. 9005. Definitions

    The definition of a ``hazmat employer'' in section 49 
U.S.C. Sec. 5102(4) is amended to delete the term ``uses.'' 
This change is not intended to eliminate any employee training 
requirements, but simply clarifies who is responsible for the 
training. This section does not change the fact that each 
hazmat employee, even if self-employed, has a hazmat employer 
responsible for training that employee. This section would 
still require a hazmat employer to train a hazmat employee 
employed on ``a full time, part time, or temporary basis'' (49 
U.S.C. Sec. 5102(4)(A)(i)(I)).
    Section 49 U.S.C. Sec. 5102(13) is amended to revise the 
definition of ``transports'' and ``transportation'' to more 
clearly identify loading, unloading, handling, and storage as 
within the jurisdiction of the Pipeline and Hazardous Materials 
Safety Administration's (PHMSA) regulatory authority and is 
intended to be consistent with current PHMSA authority. This 
language covers the full range of transportation from the 
loading of the material at its origin to the unloading of the 
material at its destination.

Sec. 9006. General regulatory authority

    Section 49 U.S.C. Sec. 5103(b)(1)(A) is amended to add a 
new clause (vii) that clarifies that PHMSA's regulations apply 
to those persons providing hazmat emergency response 
information services.
    A new subparagraph, 49 U.S.C. Sec. 5103(b)(1)(C), is added 
to require that procedures and criteria for fitness 
determinations in applications for approvals and special 
permits must be developed through notice and comment 
rulemaking.
    A new paragraph, 49 U.S.C. Sec. 5103(b)(3), is added which 
provides that before any final regulation is issued, the 
Administrator shall consider the governing legal authority; the 
nature and significance of the problem; whether existing rules 
have created or contributed to the problem and changes to those 
rules; the best reasonably obtainable scientific, technical, 
and other information; the potential costs and benefits; means 
to increase the cost-effectiveness; incentives for innovation, 
consistency, predictability, lower costs of enforcement and 
compliance (to government entities, regulated entities, and the 
public), and flexibility; and any reasonable alternatives. The 
paragraph also requires the Administrator to solicit and take 
into consideration public comment on these subjects and to 
follow applicable rulemaking procedures. The new paragraph is 
only effective with respect to regulations where no notice of 
proposed rulemaking has been issued.
    A new paragraph, 49 U.S.C. Sec. 5103(b)(6), is added to 
ensure that certain standards developed by private entities, 
who charge individuals for copies of those standards, will not 
be incorporated into the regulations without consideration of 
the costs of the publication, broadness of its application, and 
alternatives to incorporation of the standards. The Secretary 
would be required to use the standards or the alternative that 
meets safety objectives in the most cost-effective manner.

Sec. 9007. Inspections of motor vehicles transporting radioactive 
        material

    This section amends 49 U.S.C. Sec. 5105(d) to create 
uniformity among states regarding inspections of interstate 
movements of certain radioactive materials such that commerce 
is not disrupted at each state line. These changes would only 
allow states to conduct a new inspection of the materials at 
the highest level, as those inspection levels are defined by 
the Commercial Vehicle Safety Alliance, where an en route 
change has occurred. This section is intended to preserve the 
states' ability to conduct lower level inspections.

Sec. 9008. Hazmat employee training requirements and grants

    Section 49 U.S.C. Sec. 5107 is amended to eliminate a 
narrowly defined designation of an eligible recipient of grant 
funds for hazmat employee training grants. The intent of this 
section is to eliminate duplicative training, as hazmat 
employers are already required to train hazmat employees.
    Section 49 U.S.C. Sec. 5107(f) is amended to remove the 
Occupational Safety and Health Administration's (OSHA) 
overlapping jurisdiction regarding regulation of the handling 
of hazardous materials. This section is intended to cover 
handling hazardous materials when such handling is incidental 
to the movement of the hazardous materials. Nothing in this 
section leaves the handling hazardous materials in 
transportation unregulated, as either PHMSA or OSHA regulations 
will still be applicable. Instead, it clarifies that when PHMSA 
regulates the handling of hazardous materials incidental to 
transportation, OSHA regulations on that specific issue would 
be preempted, as they are in most other circumstances where 
another agency's regulations affect the occupational safety and 
health of workers. (See 29 U.S.C. Sec. 653(b)(1).) This 
provision is not intended to supplant OSHA rules governing 
emergency response or safety rules related to non-
transportation activities.

Sec. 9009. Fees

    Section 49 U.S.C. Sec. 5108 is amended to eliminate minimum 
registration fees and is intended to allow for greater 
flexibility of the Secretary in determining fee levels.
    A new subparagraph (D) is added to ensure that (1) no new 
fee authority is allowed for special permit and/or approval 
applications, and (2) to keep the Secretary from charging 
higher registration fees to special permit or approval holders/
applicants as a substitute for application fee authority. The 
intent of this section is to eliminate the imposition of any 
increased fees on industry.

Sec. 9010. Motor carrier safety permits

    Section 49 U.S.C. Sec. 5109 is amended to reflect 
appropriate DOT nomenclature for explosives in paragraph (b)(1) 
and ``offerors'' in subsection (f).
    Section 9010 requires a review and report for the motor 
carrier permit program that would resolve a concern that 
permits are denied because the safety standard changes from 
cycle-to-cycle. Currently, this cyclical change creates 
uncertainty for businesses as the standard can vary based on 
the performance of other motor carriers. The report requires 
identification of stakeholder concerns, information regarding 
permit issuance and denial, and the Secretary's description of 
actions to address the concerns. This section also requires a 
report to Congress on the program. Finally, the section 
requires the Secretary to issue regulations to resolve any 
programmatic concerns and ensure consistent standards.

Sec. 9011. Planning and training grants, monitoring, and review

    This section makes amendments to 49 U.S.C. Sec. 5116 to 
increase the flexibility of how the Secretary allocates grant 
money for states between planning and training grants. These 
changes require recipients to certify that their fees are fair 
and properly reported and that the Secretary report on both 
planning and training grants.
    This section also amends 49 U.S.C. Sec. 5116(j) to make the 
supplemental training grants program more generally applicable. 
It also allows for the grants to be used for portable training 
at national consensus standard levels.

Sec. 9012. Special permits and exclusions

    Section 49 U.S.C. Sec. 5117 is amended to ensure that the 
procedures and criteria for applying for special permits are 
established through notice and comment rulemaking. The intent 
of providing procedures and criteria through notice and comment 
rulemaking is to allow the regulated industry and the public 
the opportunity to comment on those procedures and criteria. 
Currently, those procedures and criteria are published in 
standard operating procedures that were not developed through 
notice and comment rulemaking.
    This section also requires that special permits be 
incorporated into the regulations once they are proven to be 
safe. Under this section, a special permit will be given the 
opportunity to be incorporated into the regulations if it has 
been in place for more than six years and meets certain 
standards, including that it concerns a matter of general 
applicability, has future effect, and is consistent with 
safety. This section also recognizes that a number of special 
permits currently in effect meet these criteria and should be 
given the opportunity to be incorporated into the regulations. 
This amended section allows the Secretary three years to 
incorporate all outstanding special permits that are six years 
or older and meet the standards set forth in the subsection.
    This section also does not allow a special permit 
application for modification, renewal, or party status to be 
denied solely because an applicant's hazmat out of service 
percentage is greater than the national average. This section 
does not prohibit denial for other reasons in addition to the 
hazmat out of service percentage being greater than the 
national average.

Sec. 9013. Hazardous material uniform motor carrier permit program

    Section 49 U.S.C. Sec. 5119 is amended to resolve the lack 
of uniformity among the states in hazardous material permitting 
programs. These revisions make the uniform program mandatory 
for the states by only allowing the states to enforce 
registration and permitting that conforms to this uniform 
program. The section is intended to leave in place the right of 
states to charge fees for registration and permitting.

Sec. 9014. International uniformity of standards and requirements

    This section amends 49 U.S.C. Sec. 5120 to ensure that 
PHMSA is the agency representing the nation on international 
forums regarding the transportation of hazardous materials in 
international commerce. Since 1967, PHMSA has been the lead 
agency in such international work, but recently was replaced in 
these forums by other modal administrations whose 
responsibilities are not solely transportation of hazardous 
materials.

Sec. 9015. Investigations

    This section amends 49 U.S.C. Sec. 5121 to ensure that the 
Secretary's authority to open and inspect packages applies only 
to undeclared packages, that the inspection occur in an 
appropriate facility, and that notice be given to the offeror 
and carrier of such inspection.
    This section also requires a rulemaking on the authority to 
open and inspect packages that will help avoid delay in 
transporting time-sensitive materials, ensure proper training 
and equipment for inspectors, ensure proper restoration of the 
package for resumed transportation, and take into consideration 
the cost and damages that the inspection may cause.

Sec. 9016. Building partnerships for improved safety and system 
        performance

    This section added a new paragraph, 49 U.S.C. 
Sec. 5121(g)(4), to allow the Secretary to make grants and 
cooperative agreements to provide consistent training on 
enforcement among the states. Coupled with changes to 49 U.S.C. 
Sec. 5125 on uniform enforcement standards, this change will 
help ensure enforcement is conducted state-to-state in a 
uniform manner.

Sec. 9017. Safety reporting

    This section amends 49 U.S.C. Sec. 5121(h) to require that 
the biennial report on transportation of hazardous materials 
include all modes set forth by type and quantity, a basis for 
all special permits issued, the activities of undeclared 
package inspections and emergency orders.

Sec. 9018. Civil penalties

    This section deletes the minimum penalties for violations 
in 49 U.S.C. Sec. 5123(a) to give the Secretary more discretion 
and flexibility for situations where a violation is minor. This 
section does not, however, preclude the Secretary from imposing 
a fine equal to what is the current minimum if the Secretary 
deems it necessary in a particular circumstance.
    A new paragraph, 49 U.S.C. Sec. 5123(a)(4), is added to 
ensure a carrier at a road/trackside inspection is not cited 
for violations over which the carrier had no control. Carriers 
are often cited for violations of regulations for which the 
carrier is not responsible, so the intent of this section is to 
limit citations of carriers for pre-transportation functions 
performed by another person.
    This section also adds new subsection 49 U.S.C. 
Sec. 5123(h) which enhances safety by imposing penalties for 
failing to maintain records, reports, and information.

Sec. 9019. Preemption

    A new paragraph, 49 U.S.C. Sec. 5125(a)(3), is added to 
allow the Secretary to make the determination that a particular 
local law creates an unreasonable burden on commerce. This 
provision would allow the DOT to preempt state and local laws 
that are deemed an unreasonable burden on commerce. Currently, 
that analysis is left to the courts. This change would allow 
the entity with expertise in transporting hazardous materials 
in commerce to determine, in the first instance, whether a 
particular state or local law unreasonably burdens commerce.
    This section strikes ``written'' from 49 U.S.C. 
Sec. 5125(b)(1)(D) to remedy the problem of each state or 
jurisdiction within a state having different verbal 
notification requirements for unintentional release of a 
hazardous material. This section is intended to create 
uniformity in verbal notification requirements and does not 
prohibit the Secretary from amending verbal notification 
requirements under the regulations.
    This section also amends 49 U.S.C. Sec. 5125(c)(1) to 
require all hazmat routes either be registered on the DOT'S 
route registry or deemed unenforceable by the states. This 
section is intended to ensure that carriers may use this route 
registry to determine the routes that they may travel.
    This section requires the reporting on fee usage in 49 
U.S.C. Sec. 5125(f)(2) be on a biennial basis rather than at 
the Secretary's discretion to enhance transparency.
    Section 9019 also requires uniform enforcement standards, 
such as standards for procedure, penalty, and mental state, 
among the states.

Sec. 9020. Authorization of appropriations

    This section amends 49 U.S.C. Sec. 5128 to authorize 
appropriations of funds for PHMSA's hazardous materials 
programs $39,000,000 annually for fiscal years 2012 through 
2016. Authorizations for activities under the Hazardous 
Materials Emergency Preparedness Fund, which is funded by 
annual hazardous materials registration fees, total $23,763,000 
million annually for fiscal years 2012 through 2016.
    This section also amends 49 U.S.C. Sec. 5128(b) to make the 
hazardous materials emergency preparedness grant program more 
flexible by granting the Secretary the discretion to allocate 
funds between training and planning. This section also makes a 
conforming amendment to delete the funding for the grants 
eliminated under section 9008.
    A new subsection, 49 U.S.C. Sec. 5128(e), is added to 
authorize the appropriation of $1,000,000 for the 
implementation by states of the uniform forms and procedures 
under 49 U.S.C. Sec. 5119. This one-time authorization of funds 
remains available for a six-year period beginning on the date 
of enactment.

Sec. 9021. Electronic shipping papers pilot program

    This section establishes a pilot program to determine 
whether electronic shipping papers would be cost effective for 
the motor carrier industry, and requires at least one pilot 
program to be in a rural area.

Sec. 9022. Wetlines study

    This section requires a study on cargo tank truck external 
product piping, or ``wetlines'', to identify whether regulation 
is cost efficient, while prohibiting final rules on the matter.

Sec. 9023. Product study

    This section requires a study on whether certain common 
household products containing ethyl alcohol need be regulated 
as hazardous materials, including evaluations of incidents 
containing the products, risks posed by the products, costs to 
industry of the designation, and comments from the industry and 
public regarding the designation.

                   TITLE X--WATERBORNE TRANSPORTATION

Sec. 10001. Sense of Congress on harbor maintenance

    This section establishes a Sense of Congress that the funds 
collected by the Harbor Maintenance Tax be utilized for their 
intended purpose. The Harbor Maintenance Trust Fund provides 
funds for the United States Army Corps of Engineers to carry 
out the dredging of navigation channels to their authorized 
depths and widths.

Sec. 10002. Study and report on strategic ports

    This section requires the Secretary of Transportation to 
carry out a study to determine the land-side infrastructure 
requirements of the nation's 21 strategic ports. These ports 
are designated by DOT and the Department of Defense as integral 
to the readiness capability of the nation's armed forces.

TITLE XI--REAUTHORIZATION AND AMENDMENTS TO THE SPORT FISH RESTORATION 
                         AND BOATING TRUST FUND

Sec. 11001. Short title

    This establishes the short title for Title XI as the 
``Sportfishing and Recreational Boating Safety Act of 2012''.

Sec. 11002. Reauthorization and amendments to the sport fish 
        restoration and boating trust fund

    This section reauthorizes the Dingell/Johnson Sport Fish 
Restoration Act through fiscal year 2016. It reduces Coast 
Guard administrative expenses and reallocates funding to the 
Coast Guard's Recreational Boating Safety Program and 
Recreational Boating Safety grants available to the states.
    Title XI does not affect the Act's sport fish restoration 
programs, nor does it make changes to the Act's formulas or 
financing mechanisms.

        TITLE XII--EXTENSION OF SURFACE TRANSPORTATION PROGRAMS

Sec. 12001. Short title; effective date

    This title may be cited as the ``Surface Transportation 
Extension Act of 2012''.
    The amendments made by this title take effect on April 1, 
2012.

                    Subtitle A--Federal-Aid Highways

Sec. 12101. Extension of federal-aid highway programs

    This section extends the federal-aid highway programs 
through fiscal year 2012.

            Subtitle B--Extension of Highway Safety Programs

Sec. 12201. Extension of National Highway Traffic Safety Administration 
        highway safety programs

    This section extends the National Highway Traffic Safety 
Administration Highway Safety programs through fiscal year 
2012.

Sec. 12202. Extension of Federal Motor Carrier Safety Administration 
        programs

    This section extends the Federal Motor Carrier Safety 
Administration programs through fiscal year 2012.

Sec. 12203. Additional programs

    This section extends hazmat research projects and the 
Dingell-Johnson Sport Fish Restoration Act through fiscal year 
2012.

               Subtitle C--Public Transportation Programs

Sec. 12301. Allocation of funds for planning programs

    This section extends funding for public transportation 
planning programs through fiscal year 2012.

Sec. 12302. Special rule for urbanized area formula grants

    This section extends the special rule for urbanized area 
formula grants through fiscal year 2012.

Sec. 12303. Allocating amounts for capital investment grants

    This section extends capital investment grants through 
fiscal year 2012.

Sec. 12304. Apportionment of formula grants for other than urbanized 
        areas

    This section extends the apportionment of formula grants 
for other than urbanized areas through fiscal year 2012.

Sec. 12305. Apportionment based on fixed guideway factors

    This section strikes subsection (g) from 49 U.S.C. 
Sec. 5337.

Sec. 12306. Authorizations for public transportation

    This section extends authorizations for public 
transportation through fiscal year 2012.

Sec. 12307. Amendments to SAFETEA-LU

    This section extends the amendments to SAFETEA-LU through 
fiscal year 2012.

            TITLE XIII--ADDITIONAL TRANSPORTATION PROVISIONS

Sec. 13001. Audit of Union Station Redevelopment Corporation

    This section directs the Inspector General of the DOT to 
audit the Union Station Redevelopment Corporation once every 
two years.

Sec. 13002. Prohibition on use of funds

    This section prohibits funds made available in this Act 
from being used for signage indicating the project was funded 
under this Act.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

[The Surface Transportation Extension Act of 2012 (title XII of H.R. 7, 
      as reported) provides for a short term extension of surface 
 transportation programs. The amendments to provisions of existing law 
   made by such title, set out below, take effect on April 1, 2012.]

SURFACE TRANSPORTATION EXTENSION ACT OF 2011, PART II

           *       *       *       *       *       *       *

TITLE I--EXTENSION OF SURFACE TRANSPORTATION PROGRAMS

           *       *       *       *       *       *       *

                    Subtitle A--Federal-Aid Highways

SEC. 111. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.

  (a) In General.--Except as provided in this title, 
requirements, authorities, conditions, eligibilities, 
limitations, and other provisions authorized under titles I, V, 
and VI of SAFETEA-LU (Public Law 109-59), the SAFETEA-LU 
Technical Corrections Act of 2008 (Public Law 110-244), titles 
I and VI of the Intermodal Surface Transportation Act of 1991 
(Public Law 102-240), titles I and V of the Transportation 
Equity Act for the 21st Century (Public Law 105-178), and title 
23, United States Code (excluding chapter 4 of that title), 
which would otherwise expire on or cease to apply after 
September 30, 2011, under section 411(a) of the Surface 
Transportation Extension Act of 2010 (title IV of Public Law 
111-147) are incorporated by reference and shall continue in 
effect until [March 31, 2012] September 30, 2012.
  (b) Authorization of Appropriations.--Except as provided in 
section 112, there is authorized to be appropriated out of the 
Highway Trust Fund (other than the Mass Transit Account) for 
[the period beginning on October 1, 2011, and ending on March 
31, 2012,] fiscal year 2012 a sum equal to [\1/2\ of] the total 
amount authorized to be appropriated out of the Highway Trust 
Fund for programs, projects, and activities for fiscal year 
2011 under titles I, V, and VI of SAFETEA-LU (119 Stat. 1144) 
and title 23, United States Code (excluding chapter 4 of that 
title).
  (c) Use of Funds.--
          (1) Fiscal year 2012.--Except as otherwise expressly 
        provided in this title, funds authorized to be 
        appropriated under subsection (b) for [the period 
        beginning on October 1, 2011, and ending on March 31, 
        2012,] fiscal year 2012 shall be distributed, 
        administered, limited, and made available for 
        obligation in the same manner and at the same level as 
        [\1/2\ of] the total amount of funds authorized to be 
        appropriated out of the Highway Trust Fund for fiscal 
        year 2011 to carry out programs, projects, activities, 
        eligibilities, and requirements under SAFETEA-LU 
        (Public Law 109-59), the SAFETEA-LU Technical 
        Corrections Act of 2008 (Public Law 110-244), titles I 
        and VI of the Intermodal Surface Transportation Act of 
        1991 (Public Law 102-240), titles I and V of the 
        Transportation Equity Act for the 21st Century (Public 
        Law 105-178), and title 23, United States Code 
        (excluding chapter 4 of that title).

           *       *       *       *       *       *       *

          (3) Contract authority.--
                  (A) In general.--Except as provided in 
                subparagraph (B), funds authorized to be 
                appropriated under this section shall be 
                available for obligation and shall be 
                administered in the same manner as if such 
                funds were apportioned under chapter 1 of title 
                23, United States Code, and for [the period 
                beginning on October 1, 2011, and ending on 
                March 31, 2012,] fiscal year 2012 shall be 
                subject to a limitation on obligations for 
                Federal-aid highways and highway safety 
                construction programs included in an Act making 
                appropriations for fiscal year 2012 or a 
                portion of that fiscal year[, except that 
                during such period obligations subject to such 
                limitation shall not exceed \1/2\ of the 
                limitation on obligations included in an Act 
                making appropriations for fiscal year 2012].
                  (B) Exceptions.--A limitation on obligations 
                described in subparagraph (A) shall not apply 
                to any obligation under--
                          (i) * * *
                          (ii) section 105 of title 23, United 
                        States Code, for [the period beginning 
                        on October 1, 2011, and ending on March 
                        31, 2012,] fiscal year 2012 only in an 
                        amount equal to [$319,500,000] 
                        $639,000,000.
          [(4) Calculations for distribution of obligation 
        limitation.--Upon enactment of an Act making 
        appropriations for the Department of Transportation for 
        fiscal year 2012 (other than an Act or resolution 
        making continuing appropriations), the Secretary 
        shall--
                  [(A) as necessary for purposes of making the 
                calculations for the distribution of any 
                obligation limitation under such Act, annualize 
                the amount of contract authority provided under 
                this title for the period beginning on October 
                1, 2011, and ending on March 31, 2012, for 
                Federal-aid highways and highway safety 
                construction programs; and
                  [(B) multiply the resulting distribution of 
                any obligation limitation under such Act by \1/
                2\.]
  (d) Extension and Flexibility for Certain Allocated 
Programs.--
          (1) Fiscal year 2012.--Notwithstanding any other 
        provision of law, for [the period beginning on October 
        1, 2011, and ending on March 31, 2012,] fiscal year 
        2012 the portion of the share of funds of a State under 
        subsection (b) determined by [\1/2\ of] the amount that 
        the State received or was authorized to receive for 
        fiscal year 2011 to carry out sections 1301, 1302, 
        1307, 1702, and 1934 of SAFETEA-LU (119 Stat. 1198, 
        1204, 1217, 1256, and 1485) and section 144(f)(1) of 
        title 23, United States Code, shall be--
                  (A) * * *

           *       *       *       *       *       *       *

          (2) Territories and puerto rico.--
                  (A) Fiscal year 2012.--Notwithstanding any 
                other provision of law, for [the period 
                beginning on October 1, 2011, and ending on 
                March 31, 2012,] fiscal year 2012 the portion 
                of the share of funds of a territory or Puerto 
                Rico under subsection (b) determined by [\1/2\ 
                of] the amount that the territory or Puerto 
                Rico received or was authorized to receive for 
                fiscal year 2011 to carry out section 1934 of 
                SAFETEA-LU (119 Stat. 1485), shall be--
                          (i) * * *

           *       *       *       *       *       *       *

  (e) Extension of Authorizations Under Title V of SAFETEA-
LU.--
          (1) In general.--The programs authorized under 
        paragraphs (1) through (5) of section 5101(a) of 
        SAFETEA-LU (119 Stat. 1779) shall be continued for [the 
        period beginning on October 1, 2011, and ending on 
        March 31, 2012,] fiscal year 2012 at [\1/2\ of] the 
        funding levels authorized for those programs for fiscal 
        year 2011.
          (2) Distribution of funds.--Funds for programs 
        continued under paragraph (1) shall be distributed to 
        major program areas under those programs in the same 
        proportions as funds were allocated for those program 
        areas for fiscal year 2011, except that designations 
        for specific activities shall not be required to be 
        continued for [the period beginning on October 1, 2011, 
        and ending on March 31, 2012.] fiscal year 2012.

           *       *       *       *       *       *       *

SEC. 112. ADMINISTRATIVE EXPENSES.

  (a) Authorization of Contract Authority.--Notwithstanding any 
other provision of this title or any other law, there is 
authorized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account), from amounts provided 
under section 111, for administrative expenses of the Federal-
aid highway program [$196,427,625 for the period beginning on 
October 1, 2011, and ending on March 31, 2012.] $392,855,250 
for fiscal year 2012.

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SAFETEA-LU

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                        TITLE II--HIGHWAY SAFETY

SEC. 2001. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account):
          (1) Highway safety programs.--For carrying out 
        section 402 of title 23, United States Code, 
        $163,680,000 for fiscal year 2005, $217,000,000 for 
        fiscal year 2006, $220,000,000 for fiscal year 2007, 
        $225,000,000 for fiscal year 2008, [$235,000,000 for 
        fiscal year 2009, $235,000,000 for fiscal year 2010, 
        $235,000,000 for fiscal year 2011, and $117,500,000 for 
        the period beginning on October 1, 2011, and ending on 
        March 31, 2012.] and $235,000,000 for each of fiscal 
        years 2009 through 2012.
          (2) Highway safety research and development.--For 
        carrying out section 403 of title 23, United States 
        Code, $71,424,000 for fiscal year 2005, $110,000,000 
        for fiscal year 2006, $107,750,000 for fiscal year 
        2007, $107,750,000 for fiscal year 2008, $105,500,000 
        for fiscal year 2009, $107,329,000 for fiscal year 
        2010, [$108,244,000 for fiscal year 2011, and 
        $54,122,000 for the period beginning on October 1, 
        2011, and ending on March 31, 2012.] and $108,244,000 
        for each of fiscal years 2011 and 2012.
          (3) Occupant protection incentive grants.--For 
        carrying out section 405 of title 23, United States 
        Code, $19,840,000 for fiscal year 2005[, $25,000,000 
        for fiscal year 2006, $25,000,000 for fiscal year 2007, 
        $25,000,000 for fiscal year 2008, $25,000,000 for 
        fiscal year 2009, $25,000,000 for fiscal year 2010, 
        $25,000,000 for fiscal year 2011, and $12,500,000 for 
        the period beginning on October 1, 2011, and ending on 
        March 31, 2012.] and $25,000,000 for each of fiscal 
        years 2006 through 2012.
          (4) Safety belt performance grants.--For carrying out 
        section 406 of title 23, United States Code, 
        $124,500,000 for fiscal year 2006, $124,500,000 for 
        fiscal year 2007, $124,500,000 for fiscal year 2008, 
        $124,500,000 for fiscal year 2009, $124,500,000 for 
        fiscal year 2010, $124,500,000 for fiscal year 2011, 
        [and $24,250,000 for the period beginning on October 1, 
        2011, and ending on March 31, 2012.] and $48,500,000 
        for fiscal year 2012.
          (5) State traffic safety information system 
        improvements.--For carrying out section 408 of title 
        23, United States Code, $34,500,000 [for fiscal year 
        2006, $34,500,000 for fiscal year 2007, $34,500,000 for 
        fiscal year 2008, $34,500,000 for fiscal year 2009, 
        $34,500,000 for fiscal year 2010, $34,500,000 for 
        fiscal year 2011, and $17,250,000 for the period 
        beginning on October 1, 2011, and ending on March 31, 
        2012.] for each of fiscal years 2006 through 2012.
          (6) Alcohol-impaired driving countermeasures 
        incentive grant program.--For carrying out section 410 
        of title 23, United States Code, $39,680,000 for fiscal 
        year 2005, $120,000,000 for fiscal year 2006, 
        $125,000,000 for fiscal year 2007, $131,000,000 for 
        fiscal year 2008, [$139,000,000 for fiscal year 2009, 
        $139,000,000 for fiscal year 2010, $139,000,000 for 
        fiscal year 2011, and $69,500,000 for the period 
        beginning on October 1, 2011, and ending on March 31, 
        2012.] and $139,000,000 for each of fiscal years fiscal 
        years 2009 through 2012.
          (7) National driver register.--For the National 
        Highway Traffic Safety Administration to carry out 
        chapter 303 of title 49, United States Code, $3,968,000 
        for fiscal year 2005, $4,000,000 for fiscal year 2006, 
        $4,000,000 for fiscal year 2007, $4,000,000 for fiscal 
        year 2008, $4,000,000 for fiscal year 2009, $4,078,000 
        for fiscal year 2010, $4,116,000 for fiscal year 2011, 
        [and $2,058,000 for the period beginning on October 1, 
        2011, and ending on March 31, 2012.] and $4,000,000 for 
        fiscal year 2012.
          (8) High visibility enforcement program.--For 
        carrying out section 2009 of this title $29,000,000 
        [for fiscal year 2006, $29,000,000 for fiscal year 
        2007, $29,000,000 for fiscal year 2008, $29,000,000 for 
        fiscal year 2009, $29,000,000 for fiscal year 2010, 
        $29,000,000 for fiscal year 2011, and $14,500,000 for 
        the period beginning on October 1, 2011, and ending on 
        March 31, 2012.] for each of fiscal years 2006 through 
        2012.
          (9) Motorcyclist safety.--For carrying out section 
        2010 of this title $6,000,000 for fiscal year 2006, 
        $6,000,000 for fiscal year 2007, $6,000,000 for fiscal 
        year 2008, [$7,000,000 for fiscal year 2009, $7,000,000 
        for fiscal year 2010, $7,000,000 for fiscal year 2011, 
        and $3,500,000 for the period beginning on October 1, 
        2011, and ending on March 31, 2012.] and $7,000,000 for 
        each of fiscal years 2009 through 2012.
          (10) Child safety and child booster seat safety 
        incentive grants.--For carrying out section 2011 of 
        this title $6,000,000 for fiscal year 2006, $6,000,000 
        for fiscal year 2007, $6,000,000 for fiscal year 2008, 
        [$7,000,000 for fiscal year 2009, $7,000,000 for fiscal 
        year 2010, $7,000,000 for fiscal year 2011, and 
        $3,500,000 for the period beginning on October 1, 2011, 
        and ending on March 31, 2012.] and $7,000,000 for each 
        of fiscal years 2009 through 2012.
          (11) Administrative expenses.--For administrative and 
        related operating expenses of the National Highway 
        Traffic Safety Administration in carrying out chapter 4 
        of title 23, United States Code, and this title 
        $17,500,000 for fiscal year 2006, $17,750,000 for 
        fiscal year 2007, $18,250,000 for fiscal year 2008, 
        $18,500,000 for fiscal year 2009, $25,047,000 for 
        fiscal year 2010, [$25,328,000 for fiscal year 2011, 
        and $12,664,000 for the period beginning on October 1, 
        2011, and ending on March 31, 2012.] and $25,328,000 
        for each of fiscal years 2011 and 2012.

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TITLE III--PUBLIC TRANSPORTATION

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SEC. 3009. URBANIZED AREA FORMULA GRANTS.

  (a) * * *

           *       *       *       *       *       *       *

  (i) Contracted Paratransit Pilot.--
          (1) In general.--Notwithstanding section 
        5302(a)(1)(I) of title 49, United States Code, for 
        fiscal years 2005 through [2011 and the period 
        beginning on October 1, 2011, and ending on March 31, 
        2012,] 2012, a recipient of assistance under section 
        5307 of such title in urbanized areas with a population 
        of 558,329 or 747,003 according to the 2000 decennial 
        census of population may use not more than 20 percent 
        of such recipient's annual formula apportionment under 
        section 5307 of such title for the provision of 
        nonfixed route paratransit services in accordance with 
        section 223 of the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12143), but only if the grant recipient 
        is in compliance with applicable requirements of that 
        Act, including both fixed route and demand responsive 
        service and the service is acquired by contract.

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SEC. 3011. CAPITAL INVESTMENT GRANTS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Public-Private Partnership Pilot Program.--
          (1) * * *

           *       *       *       *       *       *       *

          (5) Program term.--The Secretary may approve an 
        application of a recipient for a public-private 
        partnership for fiscal years 2006 through [2011 and the 
        period beginning on October 1, 2011, and ending on 
        March 31, 2012] 2012.

           *       *       *       *       *       *       *

  (d) Restrictions on Use of Bus Category Funds for Fixed 
Guideway Projects.--Funds provided to grantees under the bus 
and bus facility category for fixed guideway ferry and gondola 
projects in the Department of Transportation and Related 
Agencies Appropriations Acts for any of fiscal years 1998 
through 2005, or accompanying committee reports, that remain 
available and unobligated may be used for new fixed guideway 
capital projects under section 5309 of title 49, United States 
Code. Funds made available to the same grantees for similar 
projects under the bus and bus facility category of section 
5309 of title 49, United States Code, in fiscal years 2006 
through [2011 and the period beginning on October 1, 2011, and 
ending on March 31, 2012,] 2012 may be used for fixed guideway 
projects under that section.

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SEC. 3012. FORMULA GRANTS FOR SPECIAL NEEDS OF ELDERLY INDIVIDUALS AND 
                    INDIVIDUALS WITH DISABILITIES.

  (a) * * *
  (b) Elderly Individuals and Individuals With Disabilities 
Pilot Program.--
          (1) * * *

           *       *       *       *       *       *       *

          (8) Sunset.--This subsection shall cease to be 
        effective on [March 31, 2012] September 30, 2012.

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SEC. 3040. OBLIGATION CEILING.

  Notwithstanding any other provision of law, the total of all 
obligations from amounts made available from the Mass Transit 
Account of the Highway Trust Fund by, and amounts appropriated 
under, subsections (a) through (f) of section 5338 of title 49, 
United States Code, shall not exceed--
          (1) * * *

           *       *       *       *       *       *       *

          [(8) $5,059,238,000 for the period beginning on 
        October 1, 2011, and ending on March 31, 2012, of which 
        not more than $4,180,282,500 shall be from the Mass 
        Transit Account.]
          (8) $10,458,278,000 for fiscal year 2012, of which 
        not more than $8,360,565,000 shall be from the Mass 
        Transit Account.

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SEC. 3043. PROJECT AUTHORIZATIONS FOR NEW FIXED GUIDEWAY CAPITAL 
                    PROJECTS.

  (a) * * *
  (b) Final Design and Construction.--The following projects 
are authorized for final design and construction for fiscal 
years 2005 through [2011 and the period beginning on October 1, 
2011, and ending on March 31, 2012,] 2012 under paragraphs 
(1)(A) and (2)(A) of section 5309(m) of title 49, United States 
Code:
          (1) * * *

           *       *       *       *       *       *       *

  (c) Preliminary Engineering.--The following projects are 
authorized for preliminary engineering for fiscal years 2005 
through [2011 and the period beginning on October 1, 2011, and 
ending on March 31, 2012,] 2012 under paragraphs (1)(A) and 
(2)(A) of section 5309(m) of title 49, United States Code:
          (1) * * *

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SEC. 3046. ALLOCATIONS FOR NATIONAL RESEARCH AND TECHNOLOGY PROGRAMS.

  (a) * * *
  (b) Remainder.--After making allocations under subsection 
(a), the remainder of funds made available by section 5338(d) 
of title 49, United States Code, for national research and 
technology programs under sections 5312, 5314, and 5322 for a 
[fiscal year or period] fiscal year shall be allocated at the 
discretion of the Secretary to other transit research, 
development, demonstration and deployment projects authorized 
by sections 5312, 5314, and 5322 of such title.
  (c) Additional Appropriations.--The Secretary shall allocate 
amounts appropriated pursuant to section 5338(d) of title 49, 
United States Code, for national research and technology 
programs under sections 5312, 5314, and 5322 of such title--
          (1) * * *
          [(2) for the period beginning on October 1, 2011, and 
        ending on March 31, 2012, in amounts equal to 50 
        percent of 85 percent of the amounts allocated for 
        fiscal year 2009 under each of paragraphs (2), (3), 
        (5), (6), and (8) through (25) of subsection (a).]
          (2) for fiscal year 2012, in amounts equal to 63 
        percent of the amounts allocated for fiscal year 2009 
        under each of paragraphs (2), (3), (5), and (8) through 
        (25) of subsection (a).

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TITLE IV--MOTOR CARRIER SAFETY

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              Subtitle A--Commercial Motor Vehicle Safety

SEC. 4101. AUTHORIZATION OF APPROPRIATIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Grant Programs.--There are authorized to be appropriated 
from the Highway Trust Fund (other than the Mass Transit 
Account) the following sums for the following Federal Motor 
Carrier Safety Administration programs:
          (1) Commercial driver's license program improvement 
        grants.--For commercial driver's license program 
        improvement grants under section 31313 of title 49, 
        United States Code $25,000,000 for each of fiscal years 
        2006 through 2011 [and $15,000,000 for the period 
        beginning on October 1, 2011, and ending on March 31, 
        2012.] and $30,000,000 for fiscal year 2012.
          (2) Border enforcement grants.--For border 
        enforcement grants under section 31107 of such title 
        $32,000,000 for each of fiscal years 2006 through [2011 
        and $16,000,000 for the period beginning on October 1, 
        2011, and ending on March 31, 2012.] 2012.
          (3) Performance and registration information system 
        management grant program.--For the performance and 
        registration information system management grant 
        program under section 31109 of such title $5,000,000 
        for each of fiscal years 2006 through [2011 and 
        $2,500,000 for the period beginning on October 1, 2011, 
        and ending on March 31, 2012.] 2012.
          (4) Commercial vehicle information systems and 
        networks deployment.--For carrying out the commercial 
        vehicle information systems and networks deployment 
        program under section 4126 of this Act, $25,000,000 for 
        each of fiscal years 2006 through [2011 and $12,500,000 
        for the period beginning on October 1, 2011, and ending 
        on March 31, 2012.] 2012.
          (5) Safety data improvement grants.--For safety data 
        improvement grants under section 4128 of this Act 
        $2,000,000 for fiscal year 2006 and $3,000,000 for each 
        of fiscal years 2007 through [2011 and $1,500,000 for 
        the period beginning on October 1, 2011, and ending on 
        March 31, 2012.] 2012.

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SEC. 4127. OUTREACH AND EDUCATION.

  (a) * * *

           *       *       *       *       *       *       *

  (e) Funding.--From amounts made available under section 
31104(i) of title 49, United States Code, the Secretary shall 
make available $1,000,000 to the Federal Motor Carrier Safety 
Administration, and $3,000,000 to the National Highway Traffic 
Safety Administration, for each of fiscal years 2006, 2007, 
2008, 2009, 2010, [and 2011 (and $500,000 to the Federal Motor 
Carrier Safety Administration, and $1,500,000 to the National 
Highway Traffic Safety Administration, for the period beginning 
on October 1, 2011, and ending on March 31, 2012)] 2011, and 
2012 to carry out this section (other than subsection (f)).

           *       *       *       *       *       *       *

SEC. 4134. GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Funding.--From amounts made available under section 
31104(i) of title 49, United States Code, the Secretary shall 
make available $1,000,000 for each of fiscal years 2005 through 
[2011 and $500,000 for the period beginning on October 1, 2011, 
and ending on March 31, 2012,] 2012 to carry out this section.

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SEC. 4144. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Termination Date.--Notwithstanding the Federal Advisory 
Committee Act (5 U.S.C. App.), the advisory committee shall 
terminate on [March 31, 2012] September 30, 2012.

           *       *       *       *       *       *       *

Subtitle B--Household Goods Transportation

           *       *       *       *       *       *       *

SEC. 4213. WORKING GROUP FOR DEVELOPMENT OF PRACTICES AND PROCEDURES TO 
                    ENHANCE FEDERAL-STATE RELATIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Termination Date.--The working group shall remain in 
effect until [March 31, 2012] September 30, 2012.

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TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

           *       *       *       *       *       *       *

    Subtitle A--General Authorities on Transportation of Hazardous 
Materials

           *       *       *       *       *       *       *

SEC. 7131. HAZARDOUS MATERIALS RESEARCH PROJECTS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Funding.--Of the amounts made available by section 
5101(a)(1) of this Act, $1,250,000 for each of fiscal years 
2006 through [2011 and $580,000 for the period beginning on 
October 1, 2011, and ending on March 31, 2012,] 2012 shall be 
available to carry out this section.

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                              ----------                              

TITLE 49, UNITED STATES CODE

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SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS

           *       *       *       *       *       *       *

CHAPTER 53--PUBLIC TRANSPORTATION

           *       *       *       *       *       *       *

Sec. 5305. Planning programs

  (a) * * *

           *       *       *       *       *       *       *

  (g) Allocation of Funds.--Of the funds made available by or 
appropriated to carry out this section under section 5338(c) 
for fiscal years 2005 through [2011 and for the period 
beginning on October 1, 2011, and ending on March 31, 2012] 
2012--
          (1) * * *

           *       *       *       *       *       *       *

Sec. 5307. Urbanized area formula grants

  (a) * * *
  (b) General Authority.--
          (1) * * *
          (2) [Special rule for fiscal years 2005 through 2011 
        and the period beginning on October 1, 2011, and ending 
        on March 31, 2012.--] Special rule for fiscal years 
        2005 through 2012.--
                  (A) Increased flexibility.--The Secretary may 
                award grants under this section, from funds 
                made available to carry out this section for 
                each of the fiscal years 2005 through [2011 and 
                the period beginning on October 1, 2011, and 
                ending on March 31, 2012,] 2012, to finance the 
                operating cost of equipment and facilities for 
                use in public transportation in an urbanized 
                area with a population of at least 200,000, as 
                determined by the 2000 decennial census of 
                population, if--
                          (i) * * *

           *       *       *       *       *       *       *

                  (E) [Maximum amounts in fiscal years 2008 
                through 2011 and the period beginning on 
                October 1, 2011, and ending on March 31, 
                2012.--] Maximum amounts in fiscal years 2008 
                through 2012.--In each of fiscal years 2008 
                through [2011 and during the period beginning 
                on October 1, 2011, and ending on March 31, 
                2012] 2012--
                          (i) * * *

           *       *       *       *       *       *       *

Sec. 5309. Capital investment grants

  (a) * * *

           *       *       *       *       *       *       *

  (m) Allocating Amounts.--
          (1) * * *
          (2) [Fiscal years 2006 through 2011 and the period 
        beginning on October 1, 2011, and ending on March 31, 
        2012.--] Fiscal years 2006 through 2012.--The amounts 
        made available or appropriated for fiscal years 2006 
        through [2011 and the period beginning on October 1, 
        2011, and ending on March 31, 2012,] 2012 under 
        sections 5338(b) and 5338(c) shall be allocated as 
        follows:
                  (A) Capital investment grants.--Of the 
                amounts appropriated under section 5338(c)--
                          (i) $200,000,000 for each of fiscal 
                        years 2007 through [2011 and 
                        $100,000,000 for the period beginning 
                        on October 1, 2011, and ending on March 
                        31, 2012,] 2012 shall be allocated for 
                        projects for new fixed guideway capital 
                        projects of less than $75,000,000 in 
                        accordance with subsection (e); and

           *       *       *       *       *       *       *

          (6) Funding for ferry boats.--Of the amounts 
        described in paragraphs (1)(A) and (2)(A)--
                  (A) * * *
                  (B) $15,000,000 shall be available in each of 
                fiscal years 2006 through [2011 and $7,500,000 
                shall be available for the period beginning on 
                October 1, 2011, and ending on March 31, 2012,] 
                2012 for capital projects in Alaska and Hawaii 
                for new fixed guideway ferry systems and 
                extension projects utilizing ferry boats, ferry 
                boat terminals, or approaches to ferry boat 
                terminals; and
                  (C) $5,000,000 shall be available for each of 
                fiscal years 2006 though [2011 and $2,500,000 
                shall be available for the period beginning on 
                October 1, 2011, and ending on March 31, 2012,] 
                2012 for payments to the Denali Commission 
                under the terms of section 307(e) of the Denali 
                Commission Act of 1998 (42 U.S.C. 3121 note) 
                for docks, waterfront development projects, and 
                related transportation infrastructure.
          (7) Bus and bus facility grants.--The amounts made 
        available under paragraphs (1)(C) and (2)(C) shall be 
        allocated as follows:
                  (A) Ferry boat systems.--$10,000,000 shall be 
                available in each of fiscal years 2006 through 
                [2011 and $5,000,000 shall be available for the 
                period beginning on October 1, 2011, and ending 
                on March 31, 2012,] 2012 for ferry boats or 
                ferry terminal facilities. Of such funds, the 
                following amounts shall be set aside for each 
                fiscal year:
                          (i) $2,500,000 [for each fiscal year 
                        and $1,250,000 for the period beginning 
                        on October 1, 2011, and ending on March 
                        31, 2012,] for the San Francisco Water 
                        Transit Authority.
                          (ii) $2,500,000 [for each fiscal year 
                        and $1,250,000 for the period beginning 
                        on October 1, 2011, and ending on March 
                        31, 2012,] for the Massachusetts Bay 
                        Transportation Authority Ferry System.
                          (iii) $1,000,000 [for each fiscal 
                        year and $500,000 for the period 
                        beginning on October 1, 2011, and 
                        ending on March 31, 2012,] for the 
                        Camden, New Jersey Ferry System.
                          (iv) $1,000,000 [for each fiscal year 
                        and $500,000 for the period beginning 
                        on October 1, 2011, and ending on March 
                        31, 2012,] for the Governor's Island, 
                        New York Ferry System.
                          (v) $1,000,000 [for each fiscal year 
                        and $500,000 for the period beginning 
                        on October 1, 2011, and ending on March 
                        31, 2012,] for the Philadelphia Penn's 
                        Landing Ferry Terminal.
                          (vi) $1,000,000 [for each fiscal year 
                        and $500,000 for the period beginning 
                        on October 1, 2011, and ending on March 
                        31, 2012,] for the Staten Island Ferry.
                          (vii) $650,000 [for each fiscal year 
                        and $325,000 for the period beginning 
                        on October 1, 2011, and ending on March 
                        31, 2012,] for the Maine State Ferry 
                        Service, Rockland.
                          (viii) $350,000 [for each fiscal year 
                        and $175,000 for the period beginning 
                        on October 1, 2011, and ending on March 
                        31, 2012,] for the Swans Island, Maine 
                        Ferry Service.
                  (B) Fuel cell bus program.--The following 
                amounts shall be set aside for the national 
                fuel cell bus technology development program 
                under section 3045 of the Federal Public 
                Transportation Act of 2005:
                          (i) * * *

           *       *       *       *       *       *       *

                          [(vii) $6,750,000 for the period 
                        beginning on October 1, 2011, and 
                        ending on March 31, 2012.]
                          (vii) $13,500,000 for fiscal year 
                        2012.
                  (C) Projects not in urbanized areas.--Not 
                less than 5.5 percent shall be available in 
                each fiscal year [and during the period 
                beginning on October 1, 2011, and ending on 
                March 31, 2012,] for projects that are not in 
                urbanized areas.
                  (D) Intermodal terminals.--Not less than 
                $35,000,000 shall be available in each fiscal 
                year [and not less than $17,500,000 shall be 
                available for the period beginning on October 
                1, 2011, and ending on March 31, 2012,] for 
                intermodal terminal projects, including the 
                intercity bus portion of such projects.
                  (E) Bus testing.--$3,000,000 shall be 
                available in each fiscal year [and $1,500,000 
                shall be available for the period beginning on 
                October 1, 2011, and ending on March 31, 2012,] 
                for bus testing under section 5318.

           *       *       *       *       *       *       *

Sec. 5311. Formula grants for other than urbanized areas

  (a) * * *

           *       *       *       *       *       *       *

  (c) Apportionments.--
          (1) Public transportation on Indian reservations.--Of 
        the amounts made available or appropriated for each 
        fiscal year pursuant to subsections (a)(1)(C)(v) and 
        (b)(2)(G) of section 5338, the following amounts shall 
        be apportioned for grants to Indian tribes for any 
        purpose eligible under this section, under such terms 
        and conditions as may be established by the Secretary:
                  (A) * * *

           *       *       *       *       *       *       *

                  [(G) $7,500,000 for the period beginning on 
                October 1, 2011, and ending on March 31, 2012.]
                  (G) $15,000,000 for fiscal year 2012.

           *       *       *       *       *       *       *

Sec. 5337. Apportionment based on fixed guideway factors

  (a) * * *

           *       *       *       *       *       *       *

  [(g) Special Rule for October 1, 2011, Through March 31, 
2012.--The Secretary shall apportion amounts made available for 
fixed guideway modernization under section 5309 for the period 
beginning on October 1, 2011, and ending on March 31, 2012, in 
accordance with subsection (a), except that the Secretary shall 
apportion 50 percent of each dollar amount specified in 
subsection (a).]

Sec. 5338. Authorizations

  (a) * * *
  (b) Formula and Bus Grants.--
          (1) In general.--There shall be available from the 
        Mass Transit Account of the Highway Trust Fund to carry 
        out sections 5305, 5307, 5308, 5309, 5310, 5311, 5316, 
        5317, 5320, 5335, 5339, and 5340 and section 3038 of 
        the Federal Transit Act of 1998 (112 Stat. 387 et seq.) 
        --
                  (A) * * *

           *       *       *       *       *       *       *

                  [(G) $4,180,282,500 for the period beginning 
                on October 1, 2011, and ending on March 31, 
                2012.]
                  (G) $8,360,565,000 for fiscal year 2012.
          (2) Allocation of funds.--Of the amounts made 
        available under paragraph (1)--
                  (A) $95,000,000 for fiscal year 2006, 
                $99,000,000 for fiscal year 2007, $107,000,000 
                for fiscal year 2008, [$113,500,000 for each of 
                fiscal years 2009 and 2010, $113,500,000 for 
                fiscal year 2011, and $56,750,000 for the 
                period beginning on October 1, 2011, and ending 
                on March 31, 2012,] and $113,500,000 for each 
                of fiscal years 2009 through 2012 shall be 
                available to carry out section 5305;
                  (B) $3,466,681,000 for fiscal year 2006, 
                $3,606,175,000 for fiscal year 2007, 
                $3,910,843,000 for fiscal year 2008, 
                [$4,160,365,000 for each of fiscal years 2009 
                and 2010, $4,160,365,000 for fiscal year 2011, 
                and $2,080,182,500 for the period beginning on 
                October 1, 2011, and ending on March 31, 2012,] 
                and $4,160,365,000 for each of fiscal years 
                2009 through 2012 shall be allocated in 
                accordance with section 5336 to provide 
                financial assistance for urbanized areas under 
                section 5307;
                  (C) $43,000,000 for fiscal year 2006, 
                $45,000,000 for fiscal year 2007, $49,000,000 
                for fiscal year 2008, [$51,500,000 for each of 
                fiscal years 2009 and 2010, $51,500,000 for 
                fiscal year 2011, and $25,750,000 for the 
                period beginning on October 1, 2011, and ending 
                on March 31, 2012,] and $51,500,000 for each of 
                fiscal years 2009 through 2012 shall be 
                available to carry out section 5308;
                  (D) $1,391,000,000 for fiscal year 2006, 
                $1,448,000,000 for fiscal year 2007, 
                $1,570,000,000 for fiscal year 2008, 
                [$1,666,500,000 for each of fiscal years 2009 
                and 2010, $1,666,500,000 for fiscal year 2011, 
                and $833,250,000 for the period beginning on 
                October 1, 2011, and ending on March 31, 2012,] 
                and $1,666,500,000 for each of fiscal years 
                2009 through 2012 shall be allocated in 
                accordance with section 5337 to provide 
                financial assistance under section 
                5309(m)(2)(B);
                  (E) $822,250,000 for fiscal year 2006, 
                $855,500,000 for fiscal year 2007, $927,750,000 
                for fiscal year 2008, [$984,000,000 for each of 
                fiscal years 2009 and 2010, $984,000,000 for 
                fiscal year 2011, and $492,000,000 for the 
                period beginning on October 1, 2011, and ending 
                on March 31, 2012,] and $984,000,000 for each 
                of fiscal years 2009 through 2012 shall be 
                available to carry out section 5309(m)(2)(C);
                  (F) $112,000,000 for fiscal year 2006, 
                $117,000,000 for fiscal year 2007, $127,000,000 
                for fiscal year 2008, [$133,500,000 for each of 
                fiscal years 2009 and 2010, $133,500,000 for 
                fiscal year 2011, and $66,750,000 for the 
                period beginning on October 1, 2011, and ending 
                on March 31, 2012,] and $133,500,000 for each 
                of fiscal years 2009 through 2012 shall be 
                available to provide financial assistance for 
                services for elderly persons and persons with 
                disabilities under section 5310;
                  (G) $388,000,000 for fiscal year 2006, 
                $404,000,000 for fiscal year 2007, $438,000,000 
                for fiscal year 2008, [$465,000,000 for each of 
                fiscal years 2009 and 2010, $465,000,000 for 
                fiscal year 2011, and $232,500,000 for the 
                period beginning on October 1, 2011, and ending 
                on March 31, 2012,] and $465,000,000 for each 
                of fiscal years 2009 through 2012 shall be 
                available to provide financial assistance for 
                other than urbanized areas under section 5311;
                  (H) $138,000,000 for fiscal year 2006, 
                $144,000,000 for fiscal year 2007, $156,000,000 
                for fiscal year 2008, [$164,500,000 for each of 
                fiscal years 2009 and 2010, $164,500,000 for 
                fiscal year 2011, and $82,250,000 for the 
                period beginning on October 1, 2011, and ending 
                on March 31, 2012,] and $164,500,000 for each 
                of fiscal years 2009 through 2012 shall be 
                available to carry out section 5316;
                  (I) $78,000,000 for fiscal year 2006, 
                $81,000,000 for fiscal year 2007, $87,500,000 
                for fiscal year 2008, [$92,500,000 for each of 
                fiscal years 2009 and 2010, $92,500,000 for 
                fiscal year 2011, and $46,250,000 for the 
                period beginning on October 1, 2011, and ending 
                on March 31, 2012,] and $92,500,000 for each of 
                fiscal years 2009 through 2012 shall be 
                available to carry out section 5317;
                  (J) $22,000,000 for fiscal year 2006, 
                $23,000,000 for fiscal year 2007, $25,000,000 
                for fiscal year 2008, [$26,900,000 for each of 
                fiscal years 2009 and 2010, $26,900,000 for 
                fiscal year 2011, and $13,450,000 for the 
                period beginning on October 1, 2011, and ending 
                on March 31, 2012,] and $26,900,000 for each of 
                fiscal years 2009 through 2012 shall be 
                available to carry out section 5320;
                  (K) $3,500,000 [in fiscal year 2006; 
                $3,500,000 in fiscal year 2007; $3,500,000 in 
                fiscal year 2008; $3,500,000 for each of fiscal 
                years 2009 and 2010, $3,500,000 for fiscal year 
                2011, and $1,750,000 for the period beginning 
                on October 1, 2011, and ending on March 31, 
                2012,] for each of fiscal years 2006 through 
                2012 shall be available to carry out section 
                5335;
                  (L) $25,000,000 [in fiscal year 2006; 
                $25,000,000 in fiscal year 2007; $25,000,000 in 
                fiscal year 2008; $25,000,000 for each of 
                fiscal years 2009 and 2010, $25,000,000 for 
                fiscal year 2011, and $12,500,000 for the 
                period beginning on October 1, 2011, and ending 
                on March 31, 2012,] for each of fiscal years 
                2006 through 2012 shall be available to carry 
                out section 5339;
                  (M) $388,000,000 for fiscal year 2006, 
                $404,000,000 for fiscal year 2007, $438,000,000 
                for fiscal year 2008, [$465,000,000 for each of 
                fiscal years 2009 and 2010, $465,000,000 for 
                fiscal year 2011, and $232,500,000 for the 
                period beginning on October 1, 2011, and ending 
                on March 31, 2012,] and $465,000,000 for each 
                of fiscal years 2009 through 2012 shall be 
                allocated in accordance with section 5340 to 
                provide financial assistance for urbanized 
                areas under section 5307 and other than 
                urbanized areas under section 5311; and
                  (N) $7,500,000 for fiscal year 2006, 
                $7,600,000 for fiscal year 2007, $8,300,000 for 
                fiscal year 2008, [$8,800,000 for each of 
                fiscal years 2009 and 2010, $8,800,000 for 
                fiscal year 2011, and $4,400,000 for the period 
                beginning on October 1, 2011, and ending on 
                March 31, 2012,] and $8,800,000 for each of 
                fiscal years 2009 through 2012 shall be 
                available to carry out section 3038 of the 
                Transportation Equity Act for the 21st Century 
                (49 U.S.C. 5310 note).
  (c) Capital Investment Grants.--There are authorized to be 
appropriated to carry out section 5309(m)(2)(A)--
          (1) * * *

           *       *       *       *       *       *       *

          [(7) $800,000,000 for the period beginning on October 
        1, 2011, and ending on March 31, 2012.]
          (7) $1,600,000,000 for fiscal year 2012.
  (d) Research and University Research Centers.--
          (1) In general.--There is authorized to be 
        appropriated to carry out transit cooperative research 
        programs under section 5313, the National Transit 
        Institute under section 5315, university research 
        centers under section 5506, and national research 
        programs under sections 5312, 5313, 5314, and 5322 
        $58,000,000 for fiscal year 2006, $61,000,000 for 
        fiscal year 2007, $65,500,000 for fiscal year 2008, 
        $69,750,000 for each of fiscal years 2009 [and 2010, 
        $69,750,000 for fiscal year 2011, and $29,500,000 for 
        the period beginning on October 1, 2011, and ending on 
        March 31, 2012,] through 2011 and $44,000,000 for 
        fiscal year 2012 of which--
                  (A) * * *

           *       *       *       *       *       *       *

          [(3) Additional authorizations.--
                  [(A) October 1, 2011, through March 31, 
                2012.--Of amounts authorized to be appropriated 
                for the period beginning on October 1, 2011, 
                and ending on March 31, 2012, under paragraph 
                (1), the Secretary shall allocate for each of 
                the activities and projects described in 
                subparagraphs (A) through (F) of paragraph (1) 
                an amount equal to 50 percent of 85 percent of 
                the amount allocated for fiscal year 2009 under 
                each such subparagraph.
                  [(B) University centers program.--
                          [(i) October 1, 2011, through March 
                        31, 2012.--Of the amounts allocated 
                        under subparagraph (A)(i) for the 
                        university centers program under 
                        section 5506 for the period beginning 
                        on October 1, 2011, and ending on March 
                        31, 2012, the Secretary shall allocate 
                        for each program described in clauses 
                        (i) through (iii) and (v) through 
                        (viii) of paragraph (2)(A) an amount 
                        equal to 50 percent of 85 percent of 
                        the amount allocated for fiscal year 
                        2009 under each such clause.
                          [(ii) Funding.--If the Secretary 
                        determines that a project or activity 
                        described in paragraph (2) received 
                        sufficient funds in fiscal year 2011, 
                        or a previous fiscal year, to carry out 
                        the purpose for which the project or 
                        activity was authorized, the Secretary 
                        may not allocate any amounts under 
                        clause (i) for the project or activity 
                        for fiscal year 2012, or any subsequent 
                        fiscal year.]
          (3) Additional authorizations.--
                  (A) Research.--Of amounts authorized to be 
                appropriated under paragraph (1) for fiscal 
                year 2012, the Secretary shall allocate for 
                each of the activities and projects described 
                in subparagraphs (A) through (F) of paragraph 
                (1) an amount equal to 63 percent of the amount 
                allocated for fiscal year 2009 under each such 
                subparagraph.
                  (B) University centers program.--
                          (i) Fiscal year 2012.--Of the amounts 
                        allocated under subparagraph (A)(i) for 
                        the university centers program under 
                        section 5506 for fiscal year 2012, the 
                        Secretary shall allocate for each 
                        program described in clauses (i) 
                        through (iii) and (v) through (viii) of 
                        paragraph (2)(A) an amount equal to 63 
                        percent of the amount allocated for 
                        fiscal year 2009 under each such 
                        clause.
                          (ii) Funding.--If the Secretary 
                        determines that a project or activity 
                        described in paragraph (2) received 
                        sufficient funds in fiscal year 2011, 
                        or a previous fiscal year, to carry out 
                        the purpose for which the project or 
                        activity was authorized, the Secretary 
                        may not allocate any amounts under 
                        clause (i) for the project or activity 
                        for fiscal year 2012 or any subsequent 
                        fiscal year.
  (e) Administration.--There is authorized to be appropriated 
to carry out section 5334--
          (1) * * *

           *       *       *       *       *       *       *

          [(7) $49,455,500 for the period beginning on October 
        1, 2011, and ending on March 31, 2012.]
          (7) $98,713,000 for fiscal year 2012.

           *       *       *       *       *       *       *

SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS

           *       *       *       *       *       *       *

PART B--COMMERCIAL

           *       *       *       *       *       *       *

CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY

           *       *       *       *       *       *       *

SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS PROGRAMS

           *       *       *       *       *       *       *

Sec. 31104. Availability of amounts

  (a) In General.--Subject to subsection (f), there are 
authorized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account) to carry out section 
31102--
          (1) * * *

           *       *       *       *       *       *       *

          [(8) $106,000,000 for the period beginning on October 
        1, 2011, and ending on March 31, 2012.]
          (8) $212,000,000 for fiscal year 2012.

           *       *       *       *       *       *       *

  (i) Administrative Expenses.--
          (1) Authorization of appropriations.--There are 
        authorized to be appropriated from the Highway Trust 
        Fund (other than the Mass Transit Account) for the 
        Secretary of Transportation to pay administrative 
        expenses of the Federal Motor Carrier Safety 
        Administration--
                  (A) * * *

           *       *       *       *       *       *       *

                  [(H) $122,072,000 for the period beginning on 
                October 1, 2011, and ending on March 31, 2012.]
                  (H) $244,144,000 for fiscal year 2012.

           *       *       *       *       *       *       *

  (k) High-Priority Activities.--
          (1) * * *
          (2) Set aside.--The Secretary may set aside from 
        amounts made available by subsection (a) up to 
        $15,000,000 for each of fiscal years 2006 through [2011 
        and $7,500,000 for the period beginning on October 1, 
        2011, and ending on March 31, 2012,] 2012 for States, 
        local governments, and organizations representing 
        government agencies or officials described in paragraph 
        (3) for carrying out high priority activities and 
        projects that improve commercial motor vehicle safety 
        and compliance with commercial motor vehicle safety 
        regulations (including activities and projects that are 
        national in scope), increase public awareness and 
        education, demonstrate new technologies, and reduce the 
        number and rate of accidents involving commercial motor 
        vehicles.

           *       *       *       *       *       *       *

SUBCHAPTER III--SAFETY REGULATION

           *       *       *       *       *       *       *

Sec. 31144. Safety fitness of owners and operators

  (a) * * *

           *       *       *       *       *       *       *

  (g) Safety Reviews of New Operators.--
          (1) * * *

           *       *       *       *       *       *       *

          (5) New entrant audits.--
                  (A) * * *
                  (B) Set aside.--The Secretary shall set aside 
                from amounts made available by section 31104(a) 
                up to $29,000,000 per fiscal year [and up to 
                $14,500,000 for the period beginning on October 
                1, 2011, and ending on March 31, 2012,] for 
                audits of new entrant motor carriers conducted 
                pursuant to this paragraph.

           *       *       *       *       *       *       *

                              ----------                              

DINGELL-JOHNSON SPORT FISH RESTORATION ACT

           *       *       *       *       *       *       *

  Sec. 4. (a) In General.--For each of fiscal years 2006 
through [2011 and for the period beginning on October 1, 2011, 
and ending on March 31, 2012,] 2012, the balance of each annual 
appropriation made in accordance with the provisions of section 
3 remaining after the distributions for administrative expenses 
and other purposes under subsection (b) and for multistate 
conservation grants under section 14 shall be distributed as 
follows:
          (1) * * *

           *       *       *       *       *       *       *

  (b) Set-Aside for Expenses for Administration of the Dingell-
Johnson Sport Fish Restoration Act.--
          (1) In general.--
                  (A) Set-aside for administration.--From the 
                annual appropriation made in accordance with 
                section 3, for each of fiscal years 2006 
                through [2011 and for the period beginning on 
                October 1, 2011, and ending on March 31, 2012,] 
                2012, the Secretary of the Interior may use no 
                more than the amount specified in subparagraph 
                (B) for the fiscal year for expenses for 
                administration incurred in the implementation 
                of this Act, in accordance with this section 
                and section 9. The amount specified in 
                subparagraph (B) for a fiscal year may not be 
                included in the amount of the annual 
                appropriation distributed under subsection (a) 
                for the fiscal year.

           *       *       *       *       *       *       *

[The version of existing law that appears below reflects the amendments 
 made by H.R. 7, as reported, including the provisions subject to the 
   effective date contained in section 3 of the bill. Where certain 
  provisions of existing law are amended by both title XII and other 
    titles of the bill, the version below reflects the execution of 
amendments by title XII--as if the amendments made by title XII reflect 
current law--in order to show the proposed amendments made by the other 
                          titles of the bill.]

TITLE 23, UNITED STATES CODE

           *       *       *       *       *       *       *

                    CHAPTER 1--FEDERAL-AID HIGHWAYS

Sec.
101.  Definitions and declaration of policy.
     * * * * * * *
[110.  Revenue aligned budget authority.]
     * * * * * * *
[117.  High priority projects program.]
     * * * * * * *
[119.  Interstate maintenance program.]
119.  National Highway System program.
     * * * * * * *
[136.  Control of junkyards.]
     * * * * * * *
[144.  Highway bridge program.]
     * * * * * * *
[151.  National bridge inspection program.]
151.  National highway bridge and tunnel inventory and inspection 
          program.
[152.  Hazard elimination program.]
     * * * * * * *
[155.  Access highways to public recreation areas on certain lakes.
[156.  Proceeds from the sale or lease of real property.
[157.  Safety incentive grants for use of seat belts.]
156.  Sale or lease of real property.
     * * * * * * *
[160.  Reimbursement for segments of the Interstate System constructed 
          without Federal assistance.]
     * * * * * * *
[162.  National scenic byways program.]
     * * * * * * *
167.  Integration of planning and environmental review.
168. Development of programmatic mitigation plans.

Sec. 101. Definitions and declaration of policy

  (a) Definitions.--In this title, the following definitions 
apply:
          (1) * * *
          (2) Carpool project.--The term ``carpool project'' 
        means any project to encourage the use of carpools and 
        vanpools, including provision of carpooling 
        opportunities to the elderly and individuals with 
        disabilities, systems for locating potential riders and 
        informing them of carpool opportunities, acquiring 
        vehicles for carpool use, designating existing highway 
        lanes as preferential carpool highway lanes, providing 
        related traffic control devices, [and] designating 
        existing facilities for use for preferential parking 
        for carpools, and real-time ridesharing projects (where 
        drivers, using an electronic transfer of funds, recover 
        costs directly associated with the trip provided using 
        location technology to quantify the direct costs 
        associated with the trip, if the cost recovered does 
        not exceed the cost of the trip provided).

           *       *       *       *       *       *       *

          [(7) Federal lands highway.--The term ``Federal lands 
        highway'' means a forest highway, public lands highway, 
        park road, parkway, refuge road, and Indian reservation 
        road that is a public road.]

           *       *       *       *       *       *       *

          [(9) Forest highway.--The term ``forest highway'' 
        means a forest road under the jurisdiction of, and 
        maintained by, a public authority and open to public 
        travel.]

           *       *       *       *       *       *       *

          [(12) Indian reservation road.--The term ``Indian 
        reservation road'' means a public road that is located 
        within or provides access to an Indian reservation or 
        Indian trust land or restricted Indian land that is not 
        subject to fee title alienation without the approval of 
        the Federal Government, or Indian and Alaska Native 
        villages, groups, or communities in which Indians and 
        Alaskan Natives reside, whom the Secretary of the 
        Interior has determined are eligible for services 
        generally available to Indians under Federal laws 
        specifically applicable to Indians.]

           *       *       *       *       *       *       *

          [(19) Park road.--The term ``park road'' means a 
        public road, including a bridge built primarily for 
        pedestrian use, but with capacity for use by emergency 
        vehicles, that is located within, or provides access 
        to, an area in the National Park System with title and 
        maintenance responsibilities vested in the United 
        States.
          [(20) Parkway.--The term ``parkway'', as used in 
        chapter 2 of this title, means a parkway authorized by 
        Act of Congress on lands to which title is vested in 
        the United States.]

           *       *       *       *       *       *       *

          [(24) Public lands development roads and trails.--The 
        term ``public lands development roads and trails'' 
        means those roads and trails that the Secretary of the 
        Interior determines are of primary importance for the 
        development, protection, administration, and 
        utilization of public lands and resources under the 
        control of the Secretary of the Interior.
          [(25) Public lands highway.--The term ``public lands 
        highway'' means a forest road under the jurisdiction of 
        and maintained by a public authority and open to public 
        travel or any highway through unappropriated or 
        unreserved public lands, nontaxable Indian lands, or 
        other Federal reservations under the jurisdiction of 
        and maintained by a public authority and open to public 
        travel.
          [(26) Public lands highways.--The term ``public lands 
        highways'' means those main highways through 
        unappropriated or unreserved public lands, nontaxable 
        Indian lands, or other Federal reservations, which are 
        on the Federal-aid systems.]

           *       *       *       *       *       *       *

          [(28) Refuge road.--The term ``refuge road'' means a 
        public road that provides access to or within a unit of 
        the National Wildlife Refuge System and for which title 
        and maintenance responsibility is vested in the United 
        States Government.]

           *       *       *       *       *       *       *

          (35) Transportation enhancement activity.--The term 
        ``transportation enhancement activity'' means, with 
        respect to any project or the area to be served by the 
        project, any of the following activities as the 
        activities relate to surface transportation:
                  (A) * * *

           *       *       *       *       *       *       *

                  [(C) Acquisition of scenic easements and 
                scenic or historic sites (including historic 
                battlefields).]
                  [(D)] (C) Scenic or historic highway programs 
                (including the provision of tourist and welcome 
                center facilities).
                  [(E)] (D) Landscaping and other scenic 
                beautification.
                  [(F) Historic preservation.
                  [(G) Rehabilitation and operation of historic 
                transportation buildings, structures, or 
                facilities (including historic railroad 
                facilities and canals).
                  [(H) Preservation of abandoned railway 
                corridors (including the conversion and use of 
                the corridors for pedestrian or bicycle 
                trails).]
                  [(I)] (E) Inventory, control, and removal of 
                outdoor advertising.
                  [(J)] (F) Archaeological planning and 
                research.
                  [(K)] (G) Environmental mitigation--
                          (i) * * *

           *       *       *       *       *       *       *

                  [(L) Establishment of transportation 
                museums.]

           *       *       *       *       *       *       *

          (40) Federal land management agency.--The term 
        ``Federal land management agency'' means each of the 
        following:
                  (A) The National Park Service.
                  (B) The Forest Service.
                  (C) The United States Fish and Wildlife 
                Service.
                  (D) The Corps of Engineers.
                  (E) The Bureau of Land Management.
          (41) Federal lands.--The term ``Federal lands'' means 
        lands administered by a Federal land management agency.
          (42) Federal lands highway.--The term ``Federal lands 
        highway'' means a public road, highway, bridge, or 
        trail that is located on, is adjacent to, or provides 
        access to Federal lands and appears on the national 
        inventory of Federal lands highways maintained under 
        section 203(d).
          (43) Federal lands transportation facility.--The term 
        ``Federal lands transportation facility'' means a 
        transportation facility eligible for assistance under 
        section 203(b).
          (44) Tribal road.--The term ``tribal road'' means a 
        public road, highway, bridge, or trail that is located 
        on or provides access to tribal lands and appears on 
        the national inventory of tribal roads maintained under 
        section 202(c).
          (45) Tribal transportation facility.--The term 
        ``tribal transportation facility'' means a 
        transportation facility eligible for assistance under 
        section 202(b).
  (b) Declaration of Policy.--
          (1) * * *

           *       *       *       *       *       *       *

          (4) Expedited project delivery.--Congress declares 
        that it is in the national interest to expedite the 
        delivery of surface transportation projects by 
        substantially reducing the average length of the 
        environmental review process. Accordingly, it is the 
        policy of the United States that--
                  (A) the Secretary shall have the lead role 
                among Federal agencies in carrying out the 
                environmental review process for surface 
                transportation projects;
                  (B) each Federal agency shall cooperate with 
                the Secretary to expedite the environmental 
                review process for surface transportation 
                projects;
                  (C) there shall be a presumption that the 
                mode, facility type, and corridor location for 
                a surface transportation project will be 
                determined in the transportation planning 
                process, as established in sections 5203 and 
                5204 of title 49;
                  (D) project sponsors shall not be prohibited 
                from carrying out pre-construction project 
                development activities concurrently with the 
                environmental review process;
                  (E) programmatic approaches shall be used, to 
                the maximum extent possible, to reduce the need 
                for project-by-project reviews and decisions by 
                Federal agencies; and
                  (F) the Secretary shall actively support 
                increased opportunities for project sponsors to 
                assume responsibilities of the Secretary in 
                carrying out the environmental review process.

           *       *       *       *       *       *       *

Sec. 103. Federal-aid systems

  (a) * * *
  (b) National Highway System.--
          (1) Description.--The National Highway System 
        consists of the highway routes and connections to 
        transportation facilities depicted on the map submitted 
        by the Secretary to Congress with the report entitled 
        ``Pulling Together: The National Highway System and its 
        Connections to Major Intermodal Terminals'' and dated 
        May 24, 1996 and the modifications to the system 
        approved by the Secretary before the date of enactment 
        of the American Energy and Infrastructure Jobs Act of 
        2012. The system shall--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) serve interstate and interregional travel 
                and commerce.
          (2) Components.--The National Highway System 
        described in paragraph (1) consists of the following:
                  (A) * * *
                  (B) Other urban and rural principal arterial 
                routes and border crossings on such routes not 
                included on the National Highway System before 
                the date of enactment of the American Energy 
                and Infrastructure Jobs Act of 2012.
                  (C) Other connector highways (including toll 
                facilities) that provide motor vehicle access 
                between arterial routes on the National Highway 
                System and a major intermodal transportation 
                facility not included on the National Highway 
                System before the date of enactment of the 
                American Energy and Infrastructure Jobs Act of 
                2012.

           *       *       *       *       *       *       *

          [(6) State eligible projects for nhs.--Subject to 
        approval by the Secretary, funds apportioned to a State 
        under section 104(b)(1) for the National Highway System 
        may be obligated for any of the following:
                  [(A) Construction, reconstruction, 
                resurfacing, restoration, and rehabilitation of 
                segments of the National Highway System.
                  [(B) Operational improvements for segments of 
                the National Highway System.
                  [(C) Construction of, and operational 
                improvements for, a Federal-aid highway not on 
                the National Highway System, and construction 
                of a transit project eligible for assistance 
                under chapter 53 of title 49, if--
                          [(i) the highway or transit project 
                        is in the same corridor as, and in 
                        proximity to, a fully access-controlled 
                        highway designated as a part of the 
                        National Highway System;
                          [(ii) the construction or 
                        improvements will improve the level of 
                        service on the fully access-controlled 
                        highway described in clause (i) and 
                        improve regional traffic flow; and
                          [(iii) the construction or 
                        improvements are more cost-effective 
                        than an improvement to the fully 
                        access-controlled highway described in 
                        clause (i).
                  [(D) Highway safety improvements for segments 
                of the National Highway System.
                  [(E) Transportation planning in accordance 
                with sections 134 and 135.
                  [(F) Highway research and planning in 
                accordance with chapter 5.
                  [(G) Highway-related technology transfer 
                activities.
                  [(H) Capital and operating costs for traffic 
                monitoring, management, and control facilities 
                and programs.
                  [(I) Fringe and corridor parking facilities.
                  [(J) Carpool and vanpool projects.
                  [(K) Bicycle transportation and pedestrian 
                walkways in accordance with section 217.
                  [(L) Development, establishment, and 
                implementation of management systems under 
                section 303.
                  [(M) In accordance with all applicable 
                Federal law (including regulations), 
                participation in natural habitat and wetland 
                mitigation efforts related to projects funded 
                under this title, which may include 
                participation in natural habitat and wetland 
                mitigation banks, contributions to statewide 
                and regional efforts to conserve, restore, 
                enhance, and create natural habitats and 
                wetland, and development of statewide and 
                regional natural habitat and wetland 
                conservation and mitigation plans, including 
                any such banks, efforts, and plans authorized 
                under the Water Resources Development Act of 
                1990 (Public Law 101-640) (including crediting 
                provisions). Contributions to the mitigation 
                efforts described in the preceding sentence may 
                take place concurrent with or in advance of 
                project construction; except that contributions 
                in advance of project construction may occur 
                only if the efforts are consistent with all 
                applicable requirements of Federal law 
                (including regulations) and State 
                transportation planning processes. With respect 
                to participation in a natural habitat or 
                wetland mitigation effort related to a project 
                funded under this title that has an impact that 
                occurs within the service area of a mitigation 
                bank, preference shall be given, to the maximum 
                extent practicable, to the use of the 
                mitigation bank if the bank contains sufficient 
                available credits to offset the impact and the 
                bank is approved in accordance with the Federal 
                Guidance for the Establishment, Use and 
                Operation of Mitigation Banks (60 Fed. Reg. 
                58605 (November 28, 1995)) or other applicable 
                Federal law (including regulations).
                  [(N) Publicly-owned intracity or intercity 
                bus terminals.
                  [(O) Infrastructure-based intelligent 
                transportation systems capital improvements.
                  [(Q) Environmental restoration and pollution 
                abatement in accordance with section 328.
                  [(R) Control of noxious weeds and aquatic 
                noxious weeds and establishment of native 
                species in accordance with section 329.
          [(7) Territory eligible projects.--Subject to 
        approval by the Secretary, funds set aside for this 
        program under section 104(b)(1) for the National 
        Highway System may be obligated for projects eligible 
        for assistance under the territorial highway program 
        under section 215.]
          (6) Requirement for state asset management plan for 
        national highway system.--
                  (A) In general.--A State shall develop and 
                implement a risk-based State asset management 
                plan for managing all infrastructure assets in 
                the right-of-way corridor of the National 
                Highway System based on a process established 
                by the Secretary. The process shall require use 
                of quality information and economic and 
                engineering analysis to identify a sequence of 
                maintenance, repair, and rehabilitation actions 
                that will achieve and maintain a desired state 
                of good repair over the lifecycle of the 
                network at the least possible cost.
                  (B) Performance goals.--A State asset 
                management plan shall include strategies 
                leading to a program of projects that will make 
                progress toward achievement of the national 
                goals for infrastructure condition and 
                performance of the National Highway System in a 
                manner consistent with the requirements of 
                chapter 52 of title 49.
                  (C) Plan contents.--A State asset management 
                plan shall be in a form that the Secretary 
                determines to be appropriate and shall include, 
                at a minimum, the following:
                          (i) A summary listing of the highway 
                        infrastructure assets on the National 
                        Highway System in the State that 
                        includes current condition and 
                        performance statistics by asset.
                          (ii) Asset management objectives and 
                        measures.
                          (iii) Analysis of lifecycle cost, 
                        value for investment, and risk 
                        management.
                          (iv) A financial plan.
                          (v) Investment strategies.
                  (D) Process.--Not later than 2 years after 
                the date of enactment of the American Energy 
                and Infrastructure Jobs Act of 2012, the 
                Secretary shall establish a process by which a 
                State shall develop and implement a risk-based 
                State asset management plan described in 
                subparagraph (A).
                  (E) Compliance.--Notwithstanding section 120, 
                with respect to the second fiscal year 
                beginning after the date of establishment of 
                the process under subparagraph (D) or any 
                subsequent fiscal year, if the Secretary 
                determines that a State has not developed and 
                implemented a State asset management plan in a 
                manner consistent with this section, the 
                Federal share payable on account of any project 
                or activity carried out by the State in that 
                fiscal year under section 119 shall be 70 
                percent.

           *       *       *       *       *       *       *

[Sec. 104. Apportionment

  [(a) Administrative Expenses.--
          [(1) In general.--There are authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to be made available to the 
        Secretary for administrative expenses of the Federal 
        Highway Administration--
                  [(A) $353,024,000 for fiscal year 2005;
                  [(B) $370,613,540 for fiscal year 2006;
                  [(C) $389,079,500 for fiscal year 2007;
                  [(D) $408,465,500 for fiscal year 2008; and
                  [(E) $423,717,460 for fiscal year 2009.
          [(2) Purposes.--The funds authorized by this 
        subsection shall be used--
                  [(A) to administer the provisions of law to 
                be financed from appropriations for the 
                Federal-aid highway program and programs 
                authorized under chapter 2; and
                  [(B) to make transfers of such sums as the 
                Secretary determines to be appropriate to the 
                Appalachian Regional Commission for 
                administrative activities associated with the 
                Appalachian development highway system.
          [(3) Availability.--The funds made available under 
        paragraph (1) shall remain available until expended.
  [(b) Apportionments.--On October 1 of each fiscal year, the 
Secretary, after making the set-asides authorized by 
subsections (d) and (f) and section 130(e), shall apportion the 
remainder of the sums authorized to be appropriated for 
expenditure on the Interstate and National Highway System 
program, the Congestion Mitigation and Air Quality Improvement 
program, the highway safety improvement program, and the 
Surface Transportation program for that fiscal year, among the 
several States in the following manner:
          [(1) National Highway System component.--
                  [(A) In general.--For the National Highway 
                System (excluding funds apportioned under 
                paragraph (4)), $40,000,000 for each of fiscal 
                years 2005 and 2006 and $50,000,000 for each of 
                fiscal years 2007 through 2009 for the 
                territorial highway program under section 215, 
                $30,000,000 for each of fiscal years 2005 
                through 2009 for the Alaska Highway, and the 
                remainder apportioned as follows:
                          [(i) 25 percent in the ratio that--
                                  [(I) the total lane miles of 
                                principal arterial routes 
                                (excluding Interstate System 
                                routes) in each State; bears to
                                  [(II) the total lane miles of 
                                principal arterial routes 
                                (excluding Interstate System 
                                routes) in all States.
                          [(ii) 35 percent in the ratio that--
                                  [(I) the total vehicle miles 
                                traveled on lanes on principal 
                                arterial routes (excluding 
                                Interstate System routes) in 
                                each State; bears to
                                  [(II) the total vehicle miles 
                                traveled on lanes on principal 
                                arterial routes (excluding 
                                Interstate System routes) in 
                                all States.
                          [(iii) 30 percent in the ratio that--
                                  [(I) the total diesel fuel 
                                used on highways in each State; 
                                bears to
                                  [(II) the total diesel fuel 
                                used on highways in all States.
                          [(iv) 10 percent in the ratio that--
                                  [(I) the quotient obtained by 
                                dividing the total lane miles 
                                on principal arterial highways 
                                in each State by the total 
                                population of the State; bears 
                                to
                                  [(II) the quotient obtained 
                                by dividing the total lane 
                                miles on principal arterial 
                                highways in all States by the 
                                total population of all States.
                  [(B) Minimum apportionment.--Notwithstanding 
                subparagraph (A) and paragraph (4), each State 
                shall receive a minimum of 1/2 of 1 percent of 
                the funds apportioned under subparagraph (A) 
                and paragraph (4).
          [(2) Congestion mitigation and air quality 
        improvement program.--
                  [(A) In general.--For the congestion 
                mitigation and air quality improvement program, 
                in the ratio that--
                          [(i) the total of all weighted 
                        nonattainment and maintenance area 
                        populations in each State; bears to
                          [(ii) the total of all weighted 
                        nonattainment and maintenance area 
                        populations in all States.
                  [(B) Calculation of weighted nonattainment 
                and maintenance area population.--Subject to 
                subparagraph (C), for the purpose of 
                subparagraph (A), the weighted nonattainment 
                and maintenance area population shall be 
                calculated by multiplying the population of 
                each area in a State that was a nonattainment 
                area or maintenance area as described in 
                section 149(b) for ozone or carbon monoxide by 
                a factor of--
                          [(i) 1.0 if, at the time of 
                        apportionment, the area is a 
                        maintenance area;
                          [(ii) 1.0 if, at the time of the 
                        apportionment, the area is classified 
                        as a marginal ozone nonattainment area 
                        under subpart 2 of part D of title I of 
                        the Clean Air Act (42 U.S.C. 7511 et 
                        seq.);
                          [(iii) 1.1 if, at the time of the 
                        apportionment, the area is classified 
                        as a moderate ozone nonattainment area 
                        under such subpart;
                          [(iv) 1.2 if, at the time of the 
                        apportionment, the area is classified 
                        as a serious ozone nonattainment area 
                        under such subpart;
                          [(v) 1.3 if, at the time of the 
                        apportionment, the area is classified 
                        as a severe ozone nonattainment area 
                        under such subpart;
                          [(vi) 1.4 if, at the time of the 
                        apportionment, the area is classified 
                        as an extreme ozone nonattainment area 
                        under such subpart;
                          [(vii) 1.0 if, at the time of the 
                        apportionment, the area is not a 
                        nonattainment or maintenance area as 
                        described in section 149(b) for ozone, 
                        but is classified under subpart 3 of 
                        part D of title I of such Act (42 
                        U.S.C. 7512 et seq.) as a nonattainment 
                        area described in section 149(b) for 
                        carbon monoxide; or
                          [(viii) 1.0 if, at the time of 
                        apportionment, an area is designated as 
                        nonattainment for ozone under subpart 1 
                        of part D of title I of such Act (42 
                        U.S.C. 7512 et seq.).
                  [(C) Additional adjustment for carbon 
                monoxide areas.--If, in addition to being 
                designated as a nonattainment or maintenance 
                area for ozone as described in section 149(b), 
                any county within the area was also classified 
                under subpart 3 of part D of title I of the 
                Clean Air Act (42 U.S.C. 7512 et seq.) as a 
                nonattainment or maintenance area described in 
                section 149(b) for carbon monoxide, the 
                weighted nonattainment or maintenance area 
                population of the county, as determined under 
                clauses (i) through (vi) or clause (viii) of 
                subparagraph (B), shall be further multiplied 
                by a factor of 1.2.
                  [(D) Minimum apportionment.--Notwithstanding 
                any other provision of this paragraph, each 
                State shall receive a minimum of 1/2 of 1 
                percent of the funds apportioned under this 
                paragraph.
                  [(E) Determinations of population.--In 
                determining population figures for the purposes 
                of this paragraph, the Secretary shall use the 
                latest available annual estimates prepared by 
                the Secretary of Commerce.
          [(3) Surface transportation program.--
                  [(A) In general.--For the surface 
                transportation program, in accordance with the 
                following formula:
                          [(i) 25 percent of the apportionments 
                        in the ratio that--
                                  [(I) the total lane miles of 
                                Federal-aid highways in each 
                                State; bears to
                                  [(II) the total lane miles of 
                                Federal-aid highways in all 
                                States.
                          [(ii) 40 percent of the 
                        apportionments in the ratio that--
                                  [(I) the total vehicle miles 
                                traveled on lanes on Federal-
                                aid highways in each State; 
                                bears to
                                  [(II) the total vehicle miles 
                                traveled on lanes on Federal-
                                aid highways in all States.
                          [(iii) 35 percent of the 
                        apportionments in the ratio that--
                                  [(I) the estimated tax 
                                payments attributable to 
                                highway users in each State 
                                paid into the Highway Trust 
                                Fund (other than the Mass 
                                Transit Account) in the latest 
                                fiscal year for which data are 
                                available; bears to
                                  [(II) the estimated tax 
                                payments attributable to 
                                highway users in all States 
                                paid into the Highway Trust 
                                Fund (other than the Mass 
                                Transit Account) in the latest 
                                fiscal year for which data are 
                                available.
                  [(B) Minimum apportionment.--Notwithstanding 
                subparagraph (A), each State shall receive a 
                minimum of 1/2 of 1 percent of the funds 
                apportioned under this paragraph.
          [(4) Interstate maintenance component.--For 
        resurfacing, restoring, rehabilitating, and 
        reconstructing the Interstate System--
                  [(A) 33 1/3 percent in the ratio that--
                          [(i) the total lane miles on 
                        Interstate System routes open to 
                        traffic in each State; bears to
                          [(ii) the total of all such lane 
                        miles in all States;
                  [(B) 33 1/3 percent in the ratio that--
                          [(i) the total vehicle miles traveled 
                        on Interstate System routes open to 
                        traffic in each State; bears to
                          [(ii) the total of all such vehicle 
                        miles traveled in all States; and
                  [(C) 33 1/3 percent in the ratio that--
                          [(i) the total of each State's annual 
                        contributions to the Highway Trust Fund 
                        (other than the Mass Transit Account) 
                        attributable to commercial vehicles; 
                        bears to
                          [(ii) the total of such annual 
                        contributions by all States.
          [(5) Highway safety improvement program.--
                  [(A) In general.--For the highway safety 
                improvement program, in accordance with the 
                following formula:
                          [(i) 33\1/3\ percent of the 
                        apportionments in the ratio that--
                                  [(I) the total lane miles of 
                                Federal-aid highways in each 
                                State; bears to
                                  [(II) the total lane miles of 
                                Federal-aid highways in all 
                                States.
                          [(ii) 33\1/3\ percent of the 
                        apportionments in the ratio that--
                                  [(I) the total vehicle miles 
                                traveled on lanes on Federal-
                                aid highways in each State; 
                                bears to
                                  [(II) the total vehicle miles 
                                traveled on lanes on Federal-
                                aid highways in all States.
                          [(iii) 33\1/3\ percent of the 
                        apportionments in the ratio that--
                                  [(I) the number of fatalities 
                                on Federal-aid highways in each 
                                State in the latest fiscal year 
                                for which data are available; 
                                bears to
                                  [(II) the number of 
                                fatalities on Federal-aid 
                                highways in all States in the 
                                latest fiscal year for which 
                                data are available.
                  [(B) Minimum apportionment.--Notwithstanding 
                subparagraph (A), each State shall receive a 
                minimum of one-half of 1 percent of the funds 
                apportioned under this paragraph.
  [(c) Transferability of NHS Apportionments.--A State may 
transfer not to exceed 50 percent of the State's apportionment 
under subsection (b)(1) to the apportionment of the State under 
subsection (b)(3). A State may transfer not to exceed 100 
percent of the State's apportionment under subsection (b)(1) to 
the apportionment of the State under subsection (b)(3) if the 
State requests to make such transfer and the Secretary approves 
such transfer as being in the public interest, after providing 
notice and sufficient opportunity for public comment. Section 
133(d) shall not apply to funds transferred under this 
subsection.
  [(d) Operation Lifesaver and High Speed Rail Corridors.--
          [(1) Operation lifesaver.--To carry out a public 
        information and education program to help prevent and 
        reduce motor vehicle accidents, injuries, and 
        fatalities and to improve driver performance at 
        railway-highway crossings--
                  [(A) before making an apportionment under 
                subsection (b)(3) for fiscal year 2005, the 
                Secretary shall set aside $560,000 for such 
                fiscal year; and
                  [(B) there is authorized to be appropriated 
                from the Highway Trust Fund (other than the 
                Mass Transit Account) $560,000 for each of 
                fiscal years 2006 through 2009.
          [(2) Railway-highway crossing hazard elimination in 
        high speed rail corridors.--
                  [(A) Funding.--To carry out the elimination 
                of hazards at railway-highway crossings--
                          [(i) before making an apportionment 
                        under subsection (b)(3) for fiscal year 
                        2005, the Secretary shall set aside 
                        $5,250,000 for such fiscal year; and
                          [(ii) there is authorized to be 
                        appropriated from the Highway Trust 
                        Fund (other than the Mass Transit 
                        Account) $7,250,000 for fiscal year 
                        2006, $10,000,000 for fiscal year 2007, 
                        $12,500,000 for fiscal year 2008, and 
                        $15,000,000 for fiscal year 2009.
                  [(B) Eligible corridors.--Subject to 
                subparagraph (E), funds made available under 
                subparagraph (A) shall be expended for projects 
                in--
                          [(i) 5 railway corridors selected by 
                        the Secretary in accordance with this 
                        subsection (as in effect on the day 
                        before the date of enactment of this 
                        clause);
                          [(ii) 3 railway corridors selected by 
                        the Secretary in accordance with 
                        subparagraphs (C) and (D);
                          [(iii) a Gulf Coast high speed 
                        railway corridor (as designated by the 
                        Secretary);
                          [(iv) a Keystone high speed railway 
                        corridor from Philadelphia to 
                        Harrisburg, Pennsylvania; and
                          [(v) an Empire State railway corridor 
                        from New York City to Albany to 
                        Buffalo, New York.
                  [(C) Required inclusion of high speed rail 
                lines.--A corridor selected by the Secretary 
                under subparagraph (B) shall include rail lines 
                where railroad speeds of 90 miles or more per 
                hour are occurring or can reasonably be 
                expected to occur in the future.
                  [(D) Considerations in corridor selection.--
                In selecting corridors under subparagraph (B), 
                the Secretary shall consider--
                          [(i) projected rail ridership volume 
                        in each corridor;
                          [(ii) the percentage of each corridor 
                        over which a train will be capable of 
                        operating at its maximum cruise speed 
                        taking into account such factors as 
                        topography and other traffic on the 
                        line;
                          [(iii) projected benefits to 
                        nonriders such as congestion relief on 
                        other modes of transportation serving 
                        each corridor (including congestion in 
                        heavily traveled air passenger 
                        corridors);
                          [(iv) the amount of State and local 
                        financial support that can reasonably 
                        be anticipated for the improvement of 
                        the line and related facilities; and
                          [(v) the cooperation of the owner of 
                        the right-of-way that can reasonably be 
                        expected in the operation of high speed 
                        rail passenger service in each 
                        corridor.
                  [(E) Certain improvements.--Of such set-
                aside, not less than $250,000 for fiscal year 
                2005, $1,000,000 for fiscal year 2006, 
                $1,750,000 for fiscal year 2007, $2,250,000 for 
                fiscal year 2008, and $3,000,000 for fiscal 
                year 2009 shall be available for eligible 
                improvements to the Minneapolis/St. Paul-
                Chicago segment of the Midwest High Speed Rail 
                Corridor.
                  [(F) Authorization of appropriations.--There 
                is authorized to be appropriated $15,000,000 
                for each of fiscal years 1999 through 2003 to 
                carry out this subsection.
  [(e) Certification of Apportionments.--
          [(1) In general.--On October 1 of each fiscal year 
        the Secretary shall certify to each of the State 
        transportation departments the sums which he has 
        apportioned hereunder to each State for such fiscal 
        year. To permit the States to develop adequate plans 
        for the utilization of apportioned sums, the Secretary 
        shall advise each State of the amount that will be 
        apportioned each year under this section not later than 
        ninety days before the beginning of the fiscal year for 
        which the sums to be apportioned are authorized, except 
        that in the case of the Interstate System the Secretary 
        shall advise each State ninety days prior to the 
        apportionment of such funds.
          [(2) Notice to states.--If the Secretary has not made 
        an apportionment under section 104, 105, or 144 by the 
        21st day of a fiscal year beginning after September 30, 
        1998, the Secretary shall transmit, by such 21st day, 
        to the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on 
        Environment and Public Works of the Senate a written 
        statement of the reason for not making such 
        apportionment in a timely manner.
  [(f) Metropolitan Planning.--
          [(1) Set-aside.--On October 1 of each fiscal year, 
        the Secretary shall set aside 1.25 percent of the funds 
        authorized to be appropriated for the Interstate 
        maintenance, national highway system, surface 
        transportation, congestion mitigation and air quality 
        improvement, and highway bridge programs authorized 
        under this title to carry out the requirements of 
        section 134.
          [(2) Apportionment to states of set-aside funds.--
        These funds shall be apportioned to the States in the 
        ratio which the population in urbanized areas or parts 
        thereof, in each State bears to the total population in 
        such urbanized areas in all the States as shown by the 
        latest available census, except that no State shall 
        receive less than one-half percent of the amount 
        apportioned.
          [(3) Use of funds.--
                  [(A) In general.--The funds apportioned to 
                any State under paragraph (2) of this 
                subsection shall be made available by the State 
                to the metropolitan planning organizations 
                responsible for carrying out the provisions of 
                section 134 of this title, except that States 
                receiving the minimum apportionment under 
                paragraph (2) may, in addition, subject to the 
                approval of the Secretary, use the funds 
                apportioned to finance transportation planning 
                outside of urbanized areas.
                  [(B) Unused funds.--Any funds that are not 
                used to carry out section 134 may be made 
                available by a metropolitan planning 
                organization to the State to fund activities 
                under section 135.
          [(4) Distribution of funds within states.--
                  [(A) In general.--The distribution within any 
                State of the planning funds made available to 
                agencies under paragraph (3) of this subsection 
                shall be in accordance with a formula developed 
                by each State and approved by the Secretary 
                which shall consider but not necessarily be 
                limited to, population, status of planning, 
                attainment of air quality standards, 
                metropolitan area transportation needs, and 
                other factors necessary to provide for an 
                appropriate distribution of funds to carry out 
                the requirements of section 134 and other 
                applicable requirements of Federal law.
                  [(B) Reimbursement.--Not later than 30 days 
                after the date of receipt by a State of a 
                request for reimbursement of expenditures made 
                by a metropolitan planning organization for 
                carrying out section 134, the State shall 
                reimburse, from funds distributed under this 
                paragraph to the metropolitan planning 
                organization by the State, the metropolitan 
                planning organization for those expenditures.
          [(5) Determination of population figures.--For the 
        purposes of determining population figures under this 
        subsection, the Secretary shall use the most recent 
        estimate published by the Secretary of Commerce.
  [(g) Not more than 40 per centum of the amount apportioned in 
any fiscal year to each State in accordance with sections 130 
and 144 may be transferred from the apportionment under one 
section to the apportionment under any other of such sections 
if such a transfer is requested by the State transportation 
department and is approved by the Secretary as being in the 
public interest. The Secretary may approve the transfer of 100 
per centum of the apportionment under one such section to the 
apportionment under any other of such sections if such transfer 
is requested by the State transportation department, and is 
approved by the Secretary as being in the public interest, if 
he has received satisfactory assurances from such State 
transportation department that the purposes of the program from 
which such funds are to be transferred have been met. A State 
may transfer not to exceed 50 percent of the State's 
apportionment under section 144 in any fiscal year to the 
apportionment of such State under subsection (b)(1) or 
subsection (b)(3) of this section. Any transfer to subsection 
(b)(3) shall not be subject to section 133(d). Nothing in this 
subsection authorizes the transfer of any amount apportioned 
from the Highway Trust Fund to any apportionment the funds for 
which were not from the Highway Trust Fund, and nothing in this 
subsection authorizes the transfer of any amount apportioned 
from funds not from the Highway Trust Fund to any apportionment 
the funds for which were from the Highway Trust Fund.
  [(h) Recreational Trails Program.--
          [(1) Administrative costs.--Before apportioning sums 
        authorized to be appropriated to carry out the 
        recreational trails program under section 206, the 
        Secretary shall deduct for administrative, research, 
        technical assistance, and training expenses for such 
        program $840,000 for each of fiscal years 2005 through 
        2009. The Secretary may enter into contracts with for-
        profit organizations or contracts, partnerships, or 
        cooperative agreements with other government agencies, 
        institutions of higher learning, or nonprofit 
        organizations to perform these tasks.
          [(2) Apportionment to the States.--The Secretary 
        shall apportion the sums authorized to be appropriated 
        for expenditure on the recreational trails program for 
        each fiscal year, among the States in the following 
        manner:
                  [(A) 50 percent of that amount shall be 
                apportioned equally among eligible States.
                  [(B) 50 percent of that amount shall be 
                apportioned among eligible States in amounts 
                proportionate to the degree of non-highway 
                recreational fuel use in each of those States 
                during the preceding year.
          [(3) Eligible state defined.--In this section, the 
        term ``eligible State'' means a State that meets the 
        requirements of section 206(c).
  [(i) Audits of Highway Trust Fund.--From administrative funds 
made available under subsection (a), the Secretary may 
reimburse the Office of Inspector General of the Department of 
Transportation for the conduct of annual audits of financial 
statements in accordance with section 3521 of title 31.
  [(j) Report to Congress.--The Secretary shall submit to 
Congress a report, and also make such report available to the 
public in a user-friendly format via the Internet, for each 
fiscal year on--
          [(1) the amount obligated, by each State, for 
        Federal-aid highways and highway safety construction 
        programs during the preceding fiscal year;
          [(2) the balance, as of the last day of the preceding 
        fiscal year, of the unobligated apportionment of each 
        State by fiscal year under this section and sections 
        105 and 144;
          [(3) the balance of unobligated sums available for 
        expenditure at the discretion of the Secretary for such 
        highways and programs for the fiscal year; and
          [(4) the rates of obligation of funds apportioned or 
        set aside under this section and sections 105, 133, and 
        144, according to--
                  [(A) program;
                  [(B) funding category or subcategory;
                  [(C) type of improvement;
                  [(D) State; and
                  [(E) sub-State geographic area, including 
                urbanized and rural areas, on the basis of the 
                population of each such area.
  [(k) Transfer of Highway and Transit Funds.--
          [(1) Transfer of highway funds for transit 
        projects.--
                  [(A) In general.--Subject to subparagraph 
                (B), funds made available for transit projects 
                or transportation planning under this title may 
                be transferred to and administered by the 
                Secretary in accordance with chapter 53 of 
                title 49.
                  [(B) Non-Federal share.--The provisions of 
                this title relating to the non-Federal share 
                shall apply to the funds transferred under 
                subparagraph (A).
          [(2) Transfer of transit funds for highway 
        projects.--
                  [(A) In general.--Subject to subparagraph 
                (B), funds made available for highway projects 
                or transportation planning under chapter 53 of 
                title 49 may be transferred to and administered 
                by the Secretary in accordance with this title.
                  [(B) Non-Federal share.--The provisions of 
                chapter 53 of title 49 relating to the non-
                Federal share shall apply to funds transferred 
                under subparagraph (A).
          [(3) Transfer of funds among states or to Federal 
        Highway Administration.--
                  [(A) In general.--Subject to subparagraphs 
                (B) and (C), the Secretary may, at the request 
                of a State, transfer funds apportioned or 
                allocated under this title to the State to 
                another State, or to the Federal Highway 
                Administration, for the purpose of funding one 
                or more projects that are eligible for 
                assistance with funds so apportioned or 
                allocated.
                  [(B) Apportionment.--The transfer shall have 
                no effect on any apportionment of funds to a 
                State under this section or section 105 or 144.
                  [(C) Surface Transportation Program.--Funds 
                that are apportioned or allocated to a State 
                under subsection (b)(3) and attributed to an 
                urbanized area of a State with a population of 
                over 200,000 individuals under section 
                133(d)(3) may be transferred under this 
                paragraph only if the metropolitan planning 
                organization designated for the area concurs, 
                in writing, with the transfer request.
          [(4) Transfer of obligation authority.--Obligation 
        authority for funds transferred under this subsection 
        shall be transferred in the same manner and amount as 
        the funds for the projects that are transferred under 
        this subsection.
  [(l) Effect of Certain Delay in Deposits Into Highway Trust 
Fund.--Notwithstanding any other provision of law, deposits 
into the Highway Trust Fund resulting from the application of 
section 901(e) of the Taxpayer Relief Act of 1997 (111 Stat. 
872) shall not be taken into account in determining the 
apportionments and allocations that any State shall be entitled 
to receive under the Transportation Equity Act for the 21st 
Century and this title.

[Sec. 105. Equity bonus program

  [(a) Program.--
          [(1) In general.--Subject to subsections (c) and (d), 
        for each of fiscal years 2005 through 2009, the 
        Secretary shall allocate among the States amounts 
        sufficient to ensure that no State receives a 
        percentage of the total apportionments for the fiscal 
        year for the programs specified in paragraph (2) that 
        is less than the percentage calculated under subsection 
        (b).
          [(2) Specific programs.--The programs referred to in 
        subsection (a) are--
                  [(A) the Interstate maintenance program under 
                section 119;
                  [(B) the national highway system program 
                under section 103;
                  [(C) the highway bridge program under section 
                144;
                  [(D) the surface transportation program under 
                section 133;
                  [(E) the highway safety improvement program 
                under section 148;
                  [(F) the congestion mitigation and air 
                quality improvement program under section 149;
                  [(G) metropolitan planning programs under 
                section 104(f);
                  [(H) the high priority projects program under 
                section 117;
                  [(I) the equity bonus program under this 
                section;
                  [(J) the Appalachian development highway 
                system program under subtitle IV of title 40;
                  [(K) the recreational trails program under 
                section 206;
                  [(L) the safe routes to school program under 
                section 1404 of the SAFETEA-LU;
                  [(M) the rail-highway grade crossing program 
                under section 130; and
                  [(N) the coordinated border infrastructure 
                program under section 1303 of the SAFETEA-LU.
  [(b) State Percentage.--
          [(1) In general.--The percentage referred to in 
        subsection (a) for each State shall be--
                  [(A) for each of fiscal years 2005 and 2006, 
                90.5 percent, for fiscal year 2007, 91.5 
                percent, and for each of fiscal years 2008 and 
                2009, 92 percent, of the quotient obtained by 
                dividing--
                          [(i) the estimated tax payments 
                        attributable to highway users in the 
                        State paid into the Highway Trust Fund 
                        (other than the Mass Transit Account) 
                        in the most recent fiscal year for 
                        which data are available; by
                          [(ii) the estimated tax payments 
                        attributable to highway users in all 
                        States paid into the Highway Trust Fund 
                        (other than the Mass Transit Account) 
                        for the fiscal year; or (B) for a State 
                        with a total population density of less 
                        than 40 persons per square mile (as 
                        reported in the decennial census 
                        conducted by the Federal Government in 
                        2000) and of which at least 1.25 
                        percent of the total acreage is under 
                        Federal jurisdiction, based on the 
                        report of the General Services 
                        Administration entitled ``Federal Real 
                        Property Profile'' and dated September 
                        30, 2004, a State with a total 
                        population of less than 1,000,000 (as 
                        reported in that decennial census), a 
                        State with a median household income of 
                        less than $35,000 (as reported in that 
                        decennial census), a State with a 
                        fatality rate during 2002 on Interstate 
                        highways that is greater than one 
                        fatality for each 100,000,000 vehicle 
                        miles traveled on Interstate highways, 
                        or a State with an indexed, State motor 
                        fuels excise tax rate higher than 150 
                        percent of the Federal motor fuels 
                        excise tax rate as of the date of 
                        enactment of the SAFETEA-LU, the 
                        greater of--
                                  [(i) the applicable 
                                percentage under subparagraph 
                                (A); or
                                  [(ii) the average percentage 
                                of the State's share of total 
                                apportionments for the period 
                                of fiscal years 1998 through 
                                2003 for the programs specified 
                                in paragraph (2).
          [(2) Specific programs.--The programs referred to in 
        paragraph (1)(B)(ii) are (as in effect on the day 
        before the date of enactment of the SAFETEA-LU)--
                  [(A) the Interstate maintenance program under 
                section 119;
                  [(B) the national highway system program 
                under section 103;
                  [(C) the highway bridge program under section 
                144;
                  [(D) the surface transportation program under 
                section 133;
                  [(E) the recreational trails program under 
                section 206;
                  [(F) the high priority projects program under 
                section 117;
                  [(G) the minimum guarantee provided under 
                this section;
                  [(H) revenue aligned budget authority amounts 
                provided under section 110;
                  [(I) the congestion mitigation and air 
                quality improvement program under section 149;
                  [(J) the Appalachian development highway 
                system program under subtitle IV of title 40; 
                and
                  [(K) metropolitan planning programs under 
                section 104(f).
  [(c) Special Rules.--
          [(1) Minimum combined allocation.--For each fiscal 
        year, before making the allocations under subsection 
        (a)(1), the Secretary shall allocate among the States 
        amounts sufficient to ensure that no State receives a 
        combined total of amounts allocated under subsection 
        (a)(1), apportionments for the programs specified in 
        subsection (a)(2), and amounts allocated under this 
        subsection, that is less than the following percentages 
        of the average for fiscal years 1998 through 2003 of 
        the annual apportionments for the State for all 
        programs specified in subsection (b)(2):
                  [(A) For fiscal year 2005, 117 percent.
                  [(B) For fiscal year 2006, 118 percent.
                  [(C) For fiscal year 2007, 119 percent.
                  [(D) For fiscal year 2008, 120 percent.
                  [(E) For fiscal year 2009, 121 percent.
          [(2) No negative adjustment.--No negative adjustment 
        shall be made under subsection (a)(1) to the 
        apportionment of any State.
  [(d) Treatment of Funds.--
          [(1) Programmatic distribution.--The Secretary shall 
        apportion the amounts made available under this section 
        that exceed $2,639,000,000 so that the amount 
        apportioned to each State under this paragraph for each 
        program referred to in subparagraphs (A) through (F) of 
        subsection (a)(2) is equal to the amount determined by 
        multiplying the amount to be apportioned under this 
        paragraph by the ratio that--
                  [(A) the amount of funds apportioned to each 
                State for each program referred to in 
                subparagraphs (A) through (F) of subsection 
                (a)(2) for a fiscal year; bears to
                  [(B) the total amount of funds apportioned to 
                such State for all such programs for such 
                fiscal year.
          [(2) Remaining distribution.--The Secretary shall 
        administer the remainder of funds made available under 
        this section to the States in accordance with section 
        104(b)(3), except that paragraphs (1) through (3) of 
        section 133(d) shall not apply to amounts administered 
        pursuant to this paragraph.
  [(e) Metro Planning Set Aside.--Notwithstanding section 
104(f), no set aside provided for under that section shall 
apply to funds allocated under this section.
  [(f) Authorization of Appropriations.--There are authorized 
to be appropriated from the Highway Trust Fund (other than the 
Mass Transit Account) such sums as are necessary to carry out 
this section for each of fiscal years 2005 through 2009.]

Sec. 104. Apportionment

  (a) Administrative Expenses.--
          (1) In general.--There is authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Alternative Transportation Account) to be made 
        available to the Secretary for administrative expenses 
        of the Federal Highway Administration $400,000,000 for 
        each of fiscal years 2013 through 2016.
          (2) Purposes.--The funds made available under 
        paragraph (1) shall be used--
                  (A) to administer the provisions of law to be 
                financed from appropriations for the Federal-
                aid highway program and programs authorized 
                under chapter 2; and
                  (B) to make transfers of such sums as the 
                Secretary determines to be appropriate to the 
                Appalachian Regional Commission for 
                administrative activities associated with the 
                Appalachian development highway system.
          (3) Availability.--Funds made available under 
        paragraph (1) shall remain available until expended.
  (b) Apportionments.--On October 1 of each fiscal year, the 
Secretary, after making the set-asides authorized by subsection 
(f), subsections (b) and (c) of section 140, and section 
130(e), shall apportion the remainder of the sums authorized to 
be appropriated for expenditure on the National Highway System 
program, the congestion mitigation and air quality improvement 
program, the surface transportation program, and the highway 
safety improvement program among the several States in the 
following manner:
          (1) National highway system program.--
                  (A) In general.--For the National Highway 
                System program, in accordance with the 
                following formula:
                          (i) 15 percent of the apportionments 
                        in the ratio that--
                                  (I) the total lane miles of 
                                principal arterial routes 
                                (excluding Interstate System 
                                routes) in each State; bears to
                                  (II) the total lane miles of 
                                principal arterial routes 
                                (excluding Interstate System 
                                routes) in all States.
                          (ii) 15 percent of the apportionments 
                        in the ratio that--
                                  (I) the total vehicle miles 
                                traveled on lanes on principal 
                                arterial routes (excluding 
                                Interstate System routes) in 
                                each State; bears to
                                  (II) the total vehicle miles 
                                traveled on lanes on principal 
                                arterial routes (excluding 
                                Interstate System routes) in 
                                all States.
                          (iii) 5 percent of the apportionments 
                        in the ratio that--
                                  (I) the quotient obtained by 
                                dividing the total lane miles 
                                on principal arterial highways 
                                in each State by the total 
                                population of the State; bears 
                                to
                                  (II) the quotient obtained by 
                                dividing the total lane miles 
                                on principal arterial highways 
                                in all States by the total 
                                population of all States.
                          (iv) 15 percent of the apportionments 
                        in the ratio that--
                                  (I) the total lane miles on 
                                Interstate System routes open 
                                to traffic in each State; bears 
                                to
                                  (II) the total lane miles on 
                                Interstate System routes open 
                                to traffic in all States.
                          (v) 15 percent of the apportionments 
                        in the ratio that--
                                  (I) the total vehicle miles 
                                traveled on Interstate System 
                                routes open to traffic in each 
                                State; bears to
                                  (II) the total vehicle miles 
                                traveled on Interstate System 
                                routes open to traffic in all 
                                States.
                          (vi) 35 percent of the apportionments 
                        in the ratio that--
                                  (I) the total of the annual 
                                contributions to the Highway 
                                Trust Fund (other than the 
                                Alternative Transportation 
                                Account) attributable to 
                                commercial vehicles in each 
                                State; bears to
                                  (II) the total of the annual 
                                contributions to the Highway 
                                Trust Fund (other than the 
                                Alternative Transportation 
                                Account) attributable to 
                                commercial vehicles in all 
                                States.
                  (B) Minimum apportionment.--Notwithstanding 
                subparagraph (A), each State shall receive a 
                minimum of 1/2 of 1 percent of the funds 
                apportioned for a fiscal year under this 
                paragraph.
          (2) Congestion mitigation and air quality improvement 
        program.--
                  (A) In general.--For the congestion 
                mitigation and air quality improvement program, 
                in the ratio that--
                          (i) the total of all weighted 
                        nonattainment and maintenance area 
                        populations in each State; bears to
                          (ii) the total of all weighted 
                        nonattainment and maintenance area 
                        populations in all States.
                  (B) Calculation of weighted nonattainment and 
                maintenance area population.--Subject to 
                subparagraph (C), for the purpose of 
                subparagraph (A), the weighted nonattainment 
                and maintenance area population shall be 
                calculated by multiplying the population of 
                each area in a State that was a nonattainment 
                area or maintenance area as described in 
                section 149(b) for ozone or carbon monoxide by 
                a factor of--
                          (i) 1.0 if, at the time of the 
                        apportionment, the area is a 
                        maintenance area;
                          (ii) 1.0 if, at the time of the 
                        apportionment, the area is classified 
                        as a marginal ozone nonattainment area 
                        under subpart 2 of part D of title I of 
                        the Clean Air Act (42 U.S.C. 7511 et 
                        seq.);
                          (iii) 1.1 if, at the time of the 
                        apportionment, the area is classified 
                        as a moderate ozone nonattainment area 
                        under such subpart;
                          (iv) 1.2 if, at the time of the 
                        apportionment, the area is classified 
                        as a serious ozone nonattainment area 
                        under such subpart;
                          (v) 1.3 if, at the time of the 
                        apportionment, the area is classified 
                        as a severe ozone nonattainment area 
                        under such subpart;
                          (vi) 1.4 if, at the time of the 
                        apportionment, the area is classified 
                        as an extreme ozone nonattainment area 
                        under such subpart;
                          (vii) 1.0 if, at the time of the 
                        apportionment, the area is not a 
                        nonattainment or maintenance area as 
                        described in section 149(b) for ozone, 
                        but is classified under subpart 3 of 
                        part D of title I of such Act (42 
                        U.S.C. 7512 et seq.) as a nonattainment 
                        area described in section 149(b) for 
                        carbon monoxide; or
                          (viii) 1.0 if, at the time of the 
                        apportionment, an area is designated as 
                        nonattainment for ozone under subpart 1 
                        of part D of title I of such Act (42 
                        U.S.C. 7501 et seq.).
                  (C) Additional adjustment for carbon monoxide 
                areas.--If, in addition to being designated as 
                a nonattainment or maintenance area for ozone 
                as described in section 149(b), any county 
                within the area was also classified under 
                subpart 3 of part D of title I of the Clean Air 
                Act (42 U.S.C. 7512 et seq.) as a nonattainment 
                or maintenance area described in section 149(b) 
                for carbon monoxide, the weighted nonattainment 
                or maintenance area population of the county, 
                as determined under clauses (i) through (vi) or 
                clause (viii) of subparagraph (B), shall be 
                further multiplied by a factor of 1.2.
                  (D) Minimum apportionment.--Notwithstanding 
                any other provision of this paragraph, each 
                State shall receive a minimum of 1/2 of 1 
                percent of the funds apportioned for a fiscal 
                year under this paragraph.
                  (E) Determinations of population.--In 
                determining population figures for the purposes 
                of this paragraph, the Secretary shall use the 
                latest available annual estimates prepared by 
                the Secretary of Commerce.
          (3) Surface transportation program.--
                  (A) In general.--For the surface 
                transportation program, in accordance with the 
                following formula:
                          (i) 15 percent of the apportionments 
                        in the ratio that--
                                  (I) the total lane miles of 
                                Federal-aid highways in each 
                                State; bears to
                                  (II) the total lane miles of 
                                Federal-aid highways in all 
                                States.
                          (ii) 25 percent of the apportionments 
                        in the ratio that--
                                  (I) the total vehicle miles 
                                traveled on lanes on Federal-
                                aid highways in each State; 
                                bears to
                                  (II) the total vehicle miles 
                                traveled on lanes on Federal-
                                aid highways in all States.
                          (iii) 25 percent of the 
                        apportionments in the ratio that--
                                  (I) the estimated tax 
                                payments attributable to 
                                highway users in each State 
                                paid into the Highway Trust 
                                Fund (other than the 
                                Alternative Transportation 
                                Account) in the latest fiscal 
                                year for which data are 
                                available; bears to
                                  (II) the estimated tax 
                                payments attributable to 
                                highway users in all States 
                                paid into the Highway Trust 
                                Fund (other than the 
                                Alternative Transportation 
                                Account) in the latest fiscal 
                                year for which data are 
                                available.
                          (iv) 35 percent of the apportionments 
                        in the ratio that--
                                  (I) the bridge replacement 
                                and rehabilitation costs in 
                                each State (as determined under 
                                subsection (c)(4)); bears to
                                  (II) the bridge replacement 
                                and rehabilitation costs in all 
                                States (as determined under 
                                subsection (c)(5)).
                  (B) Minimum apportionment.--Notwithstanding 
                subparagraph (A), each State shall receive a 
                minimum of \1/2\ of 1 percent of the funds 
                apportioned for a fiscal year under this 
                paragraph.
          [(4) Reserved.]
          (5) Highway safety improvement program.--
                  (A) In general.--For the highway safety 
                improvement program, in accordance with the 
                following formula:
                          (i) 33\1/3\ percent of the 
                        apportionments in the ratio that--
                                  (I) the total lane miles of 
                                Federal-aid highways in each 
                                State; bears to
                                  (II) the total lane miles of 
                                Federal-aid highways in all 
                                States.
                          (ii) 33\1/3\ percent of the 
                        apportionments in the ratio that--
                                  (I) the total vehicle miles 
                                traveled on lanes on Federal-
                                aid highways in each State; 
                                bears to
                                  (II) the total vehicle miles 
                                traveled on lanes on Federal-
                                aid highways in all States.
                          (iii) 33\1/3\ percent of the 
                        apportionments in the ratio that--
                                  (I) the number of fatalities 
                                on Federal-aid highways in each 
                                State in the latest fiscal year 
                                for which data are available; 
                                bears to
                                  (II) the number of fatalities 
                                on Federal-aid highways in all 
                                States in the latest fiscal 
                                year for which data are 
                                available.
                  (B) Minimum apportionment.--Notwithstanding 
                subparagraph (A), each State shall receive a 
                minimum of \1/2\ of 1 percent of the funds 
                apportioned for a fiscal year under this 
                paragraph.
  (c) Bridge Calculation.--For each fiscal year, the Secretary 
shall determine the bridge replacement and rehabilitation costs 
as follows:
          (1) The Secretary shall identify deficient highway 
        bridges in each State.
          (2) The Secretary shall place each deficient highway 
        bridge into one of the following categories:
                  (A) Federal-aid highway bridges eligible for 
                replacement.
                  (B) Federal-aid highway bridges eligible for 
                rehabilitation.
                  (C) Bridges not on Federal-aid highways 
                eligible for replacement.
                  (D) Bridges not on Federal-aid highways 
                eligible for rehabilitation.
          (3) The Secretary shall determine--
                  (A) the deck area of deficient highway 
                bridges in each category described in paragraph 
                (2); and
                  (B) the respective unit price of such deck 
                area on a State-by-State basis.
          (4) The Secretary shall determine the bridge 
        replacement and rehabilitation costs for each State by 
        multiplying the deck area of deficient bridges in the 
        State by the respective unit price.
          (5) The Secretary shall determine the bridge 
        replacement and rehabilitation costs for all States by 
        multiplying the deck area of deficient bridges in all 
        States by the respective unit price.
  (d) Certification of Apportionments.--
          (1) In general.--On October 1 of each fiscal year, 
        the Secretary shall certify to each of the State 
        transportation departments the sums which the Secretary 
        has apportioned under this section to each State for 
        such fiscal year. To permit the States to develop 
        adequate plans for the utilization of apportioned sums, 
        the Secretary shall advise each State of the amount 
        that will be apportioned each year under this section 
        not later than 90 days before the beginning of the 
        fiscal year for which the sums to be apportioned are 
        authorized.
          (2) Notice to states.--If the Secretary has not made 
        an apportionment under this section or section 105 by 
        the 21st day of a fiscal year beginning after September 
        30, 2012, the Secretary shall transmit, by such 21st 
        day, to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate 
        a written statement of the reason for not making such 
        apportionment in a timely manner.
  (e) Audits of Highway Trust Fund.--From administrative funds 
made available under subsection (a), the Secretary may 
reimburse the Office of Inspector General of the Department of 
Transportation for the conduct of annual audits of financial 
statements in accordance with section 3521 of title 31.
  (f) Metropolitan Planning.--
          (1) Set aside.--On October 1 of each fiscal year, the 
        Secretary shall set aside 1.15 percent of the funds 
        authorized to be appropriated for the National Highway 
        System program and surface transportation program 
        authorized under this title to carry out the 
        requirements of section 5203 of title 49.
          (2) Apportionment to states of set-aside funds.--
        Funds set aside under paragraph (1) shall be 
        apportioned to the States in the ratio which the 
        population in urbanized areas, or parts thereof, in 
        each State bears to the total population in such 
        urbanized areas in all the States as shown by the 
        latest available census, except that no State shall 
        receive less than \1/2\ of 1 percent of the amount 
        apportioned.
          (3) Use of funds.--
                  (A) In general.--The funds apportioned to any 
                State under paragraph (2) shall be made 
                available by the State to the metropolitan 
                planning organizations responsible for carrying 
                out the provisions of section 5203 of title 49, 
                except that States receiving the minimum 
                apportionment under paragraph (2) may, in 
                addition, subject to the approval of the 
                Secretary, use the funds apportioned to finance 
                transportation planning outside of urbanized 
                areas.
                  (B) Unused funds.--Any funds that are not 
                used to carry out section 5203 of title 49 may 
                be made available by a metropolitan planning 
                organization to the State to fund activities 
                under section 5204 of such title.
          (4) Distribution of funds within states.--
                  (A) In general.--The distribution within any 
                State of the planning funds made available to 
                agencies under paragraph (3) shall be in 
                accordance with a formula developed by each 
                State and approved by the Secretary that shall 
                consider, but not necessarily be limited to, 
                population, status of planning, attainment of 
                air quality standards, metropolitan area 
                transportation needs, and other factors 
                necessary to provide for an appropriate 
                distribution of funds to carry out the 
                requirements of section 5203 of title 49 and 
                other applicable requirements of Federal law.
                  (B) Reimbursement.--Not later than 30 days 
                after the date of receipt by a State of a 
                request for reimbursement of expenditures made 
                by a metropolitan planning organization for 
                carrying out section 5203 of title 49, the 
                State shall reimburse, from funds distributed 
                under this paragraph to the metropolitan 
                planning organization by the State, the 
                metropolitan planning organization for those 
                expenditures.
          (5) Determination of population figures.--For the 
        purposes of determining population figures under this 
        subsection, the Secretary shall use the most recent 
        estimate published by the Secretary of Commerce.
  (g) Report to Congress.--For each fiscal year, the Secretary 
shall submit to Congress, and also make available to the public 
in a user-friendly format via the Internet, a report on--
          (1) the amount obligated, by each State, for Federal-
        aid highways and highway safety construction programs 
        during the preceding fiscal year;
          (2) the balance, as of the last day of the preceding 
        fiscal year, of the unobligated apportionment of each 
        State by fiscal year under this section and section 
        105;
          (3) the balance of unobligated sums available for 
        expenditure at the discretion of the Secretary for such 
        highways and programs for the fiscal year; and
          (4) the rates of obligation of funds apportioned or 
        set aside under this section and sections 105 and 133, 
        according to--
                  (A) program;
                  (B) funding category or subcategory;
                  (C) type of improvement;
                  (D) State; and
                  (E) sub-State geographic area, including 
                urbanized and rural areas, on the basis of the 
                population of each such area.
  (h) Transfer of Highway and Transit Funds.--
          (1) Transfer of highway funds for transit projects.--
                  (A) In general.--Subject to subparagraph (B), 
                funds made available under this title for 
                transit projects or transportation planning may 
                be transferred to and administered by the 
                Secretary in accordance with chapter 53 of 
                title 49.
                  (B) Non-federal share.--The provisions of 
                this title relating to the non-Federal share 
                shall apply to the funds transferred under 
                subparagraph (A).
          (2) Transfer of transit funds for highway projects.--
                  (A) In general.--Subject to subparagraph (B), 
                funds made available under chapter 53 of title 
                49 for highway projects or transportation 
                planning may be transferred to and administered 
                by the Secretary in accordance with this title.
                  (B) Non-federal share.--The provisions of 
                chapter 53 of title 49 relating to the non-
                Federal share shall apply to funds transferred 
                under subparagraph (A).
          (3) Transfer of funds among states or to federal 
        highway administration.--
                  (A) In general.--Subject to subparagraphs (B) 
                and (C), the Secretary, at the request of a 
                State, may transfer funds apportioned or 
                allocated under this title to the State to 
                another State, or to the Federal Highway 
                Administration, for the purpose of funding one 
                or more projects that are eligible for 
                assistance with funds so apportioned or 
                allocated.
                  (B) Apportionment.--A transfer under 
                subparagraph (A) shall have no effect on any 
                apportionment of funds to a State under this 
                section or section 105.
                  (C) Surface transportation program.--Funds 
                that are apportioned or allocated to a State 
                under subsection (b)(3) and attributed to an 
                urbanized area of a State with a population of 
                over 200,000 individuals under section 
                133(d)(3) may be transferred under this 
                paragraph only if the metropolitan planning 
                organization designated for the area concurs, 
                in writing, with the transfer request.
          (4) Transfer of obligation authority.--Obligation 
        authority for funds transferred under this subsection 
        shall be transferred in the same manner and amount as 
        the funds for the projects that are transferred under 
        this subsection.
  (i) Recreational Trails Program.--
          (1) Administrative costs.--Before apportioning sums 
        authorized to be appropriated to carry out the 
        recreational trails program under section 206, the 
        Secretary shall deduct for administrative, research, 
        technical assistance, and training expenses for such 
        program $840,000 for each fiscal year. The Secretary 
        may enter into contracts with for-profit organizations 
        or contracts, partnerships, or cooperative agreements 
        with other government agencies, institutions of higher 
        learning, or nonprofit organizations to perform these 
        tasks.
          (2) Apportionment to the states.--The Secretary shall 
        apportion the sums authorized to be appropriated for 
        expenditure on the recreational trails program for each 
        fiscal year among eligible States in the following 
        manner:
                  (A) 50 percent equally among eligible States.
                  (B) 50 percent in amounts proportionate to 
                the degree of non-highway recreational fuel use 
                in each eligible State during the preceding 
                year.
          (3) Eligible state defined.--In this subsection, the 
        term ``eligible State'' means a State that meets the 
        requirements of section 206(c).

Sec. 105. Equity bonus program

  (a) Program.--
          (1) In general.--Subject to subsections (c), (d), and 
        (e), for fiscal year 2013 and each fiscal year 
        thereafter, the Secretary shall apportion among the 
        States amounts sufficient to ensure that no State 
        receives a percentage of the total apportionments for 
        the fiscal year for the programs specified in paragraph 
        (2) that is less than the percentage calculated under 
        subsection (b).
          (2) Specified programs.--The programs referred to in 
        paragraph (1) are--
                  (A) the metropolitan planning programs under 
                section 104(f);
                  (B) the equity bonus program under this 
                section;
                  (C) the National Highway System program under 
                section 119;
                  (D) the rail-highway grade crossing program 
                under section 130;
                  (E) the surface transportation program under 
                section 133;
                  (F) the highway safety improvement program 
                under section 148;
                  (G) the recreational trails programs under 
                section 206;
                  (H) the State infrastructure bank 
                capitalization program under section 611; and
                  (I) the Appalachian development highway 
                system program under section 14501 of title 40.
  (b) State Percentage.--For each of fiscal years 2013 through 
2016, the percentage referred to in subsection (a) for each 
State shall be 94 percent of the quotient obtained by 
dividing--
          (1) the estimated tax payments attributable to 
        highway users in the State paid into the Highway Trust 
        Fund in the most recent fiscal year for which data are 
        available; by
          (2) the estimated tax payments attributable to 
        highway users in all States paid into the Highway Trust 
        Fund for the fiscal year.
  (c) Minimum Amount.--
          (1) In general.--For each fiscal year, before making 
        the apportionments under subsection (a)(1), the 
        Secretary shall apportion among the States amounts 
        sufficient to ensure that each State receives a 
        combined total apportionment for the programs specified 
        in subsection (a)(2) and the congestion mitigation and 
        air quality improvement program under section 149 that 
        equals or exceeds the combined amount that the State 
        was apportioned for fiscal year 2012 for the programs 
        specified in section 105(a)(2) of this title (other 
        than the high priority projects program under 
        subparagraph (H) of such section), as in effect on the 
        day before the date of enactment of the American Energy 
        and Infrastructure Jobs Act of 2012.
          (2) Special rule.--In determining a State's combined 
        apportionment for fiscal year 2012 for purposes of 
        paragraph (1), the Secretary shall not consider amounts 
        apportioned to the State for such fiscal year under the 
        following:
                  (A) Section 111(d)(1) of the Surface 
                Transportation Extension Act of 2011, Part II 
                (Public Law 112-30; 125 Stat. 344).
                  (B) Section 111(d)(3) of the Surface 
                Transportation Extension Act of 2011, Part II 
                (Public Law 112-30; 125 Stat. 345).
  (d) No Negative Adjustment.--No negative adjustment shall be 
made under subsection (a)(1) to the apportionment of any State.
  (e) Treatment of Funds.--
          (1) Programmatic distribution.--The Secretary shall 
        apportion the amounts made available under this section 
        that exceed $2,639,000,000 so that the amount 
        apportioned to each State under this section for each 
        program referred to in subparagraphs (C) and (E) of 
        subsection (a)(2) is equal to the amount determined by 
        multiplying the amount to be apportioned to such State 
        under this section by the ratio that--
                  (A) the amount of funds apportioned to such 
                State for each program referred to in 
                subparagraphs (C) and (E) of subsection (a)(2) 
                for a fiscal year; bears to
                  (B) the total amount of funds apportioned to 
                such State for all such programs for such 
                fiscal year.
          (2) Remaining distribution.--The Secretary shall 
        administer the remainder of funds made available under 
        this section to the States in accordance with section 
        133, except that section 133(d)(3) and section 1115(a) 
        of the American Energy and Infrastructure Jobs Act of 
        2012 shall not apply to the amounts administered 
        pursuant to this paragraph.
  (f) Metropolitan Planning Set-Aside.--Notwithstanding section 
104(f), no set aside provided for under that section shall 
apply to funds allocated under this section.
  (g) Authorization of Appropriations.--
          (1) In general.--Subject to paragraphs (2) and (3), 
        there is authorized to be appropriated from the Highway 
        Trust Fund (other than the Alternative Transportation 
        Account) to carry out this section $3,900,000,000 for 
        each of fiscal years 2013 through 2016.
          (2) Upward adjustment.--If the amount authorized by 
        paragraph (1) for a fiscal year is less than the 
        minimum amount required to ensure that each State 
        receives the minimum percentage of total apportionments 
        required under subsection (a)(1) and the minimum amount 
        required under subsection (c)(1) for the fiscal year--
                  (A) the amount authorized by paragraph (1) 
                for the fiscal year shall be increased by the 
                amount of the shortfall, so as to equal such 
                minimum amount; and
                  (B) the amounts authorized by section 
                1101(a)(2) of the American Energy and 
                Infrastructure Jobs Act of 2012 for the surface 
                transportation program for the fiscal year 
                shall be decreased by the amount of the 
                shortfall.
          (3) Downward adjustment.--If the amount authorized by 
        paragraph (1) for a fiscal year is more than the 
        minimum amount required to ensure that each State 
        receives the minimum percentage of total apportionments 
        required under subsection (a)(1) and the minimum amount 
        required under subsection (c)(1) for the fiscal year--
                  (A) the amount authorized by paragraph (1) 
                for the fiscal year shall be decreased by the 
                amount of the excess, so as to equal such 
                minimum amount; and
                  (B) the amounts authorized by section 
                1101(a)(1) of the American Energy and 
                Infrastructure Jobs Act of 2012 for the 
                National Highway System program for the fiscal 
                year shall be increased by the amount of the 
                excess.

Sec. 106. Project approval and oversight

  (a) * * *

           *       *       *       *       *       *       *

  (c) Assumption by States of Responsibilities of the 
Secretary.--
          [(1) Non-interstate nhs projects.--For projects under 
        this title that are on the National Highway System but 
        not on the Interstate System, the State may assume the 
        responsibilities of the Secretary under this title for 
        design, plans, specifications, estimates, contract 
        awards, and inspections of projects unless the State or 
        the Secretary determines that such assumption is not 
        appropriate.]
          (1) NHS projects.--For projects under this title that 
        are on the National Highway System, including projects 
        on the Interstate System, the State may assume the 
        responsibility of the Secretary under this title for 
        design, plans, specifications, estimates, contract 
        awards, and inspections with respect to such projects 
        unless the Secretary determines that such assumption is 
        not appropriate.

           *       *       *       *       *       *       *

  (e) Value Engineering Analysis.--
          (1) * * *
          (2) Analysis.--The State shall provide a value 
        engineering analysis or other cost-reduction analysis 
        for--
                  (A) each project on the [Federal-aid system] 
                National Highway System receiving Federal 
                assistance with an estimated total cost of 
                [$25,000,000] $50,000,000 or more;
                  (B) a bridge project on the National Highway 
                System receiving Federal assistance with an 
                estimated total cost of [$20,000,000] 
                $40,000,000 or more; and

           *       *       *       *       *       *       *

          (5) Design-build projects.--A requirement to provide 
        a value engineering analysis under this subsection does 
        not apply to a project delivered using the design-build 
        method of construction.

           *       *       *       *       *       *       *

  (h) Major Projects.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Financial plan.--A financial plan shall--
                  (A) be based on detailed estimates of the 
                cost to complete the project; [and]
                  (B) 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) assess the appropriateness of a public-
                private partnership to deliver the project.

           *       *       *       *       *       *       *

  (j) Use of Advanced Modeling Technologies.--
          (1) In general.--With respect to transportation 
        projects that receive Federal funding, the Secretary 
        shall encourage the use of advanced modeling 
        technologies during environmental, planning, financial 
        management, design, simulation, and construction 
        processes related to the projects.
          (2) Activities.--In carrying out paragraph (1), the 
        Secretary shall--
                  (A) compile information relating to advanced 
                modeling technologies, including industry best 
                practices with respect to the use of the 
                technologies;
                  (B) disseminate to States information 
                relating to advanced modeling technologies, 
                including industry best practices with respect 
                to the use of the technologies; and
                  (C) promote the use of advanced modeling 
                technologies.
          (3) Comprehensive plan.--The Secretary shall develop 
        and publish on the Internet Web site of the Department 
        of Transportation a detailed and comprehensive plan for 
        the implementation of paragraph (1).
          (4) Advanced modeling technology defined.--The term 
        ``advanced modeling technology'' means an available or 
        developing technology, including 3-dimensional digital 
        modeling, that can accelerate and improve the 
        environmental review process, increase effective public 
        participation, enhance the detail and accuracy of 
        project designs, increase safety, accelerate 
        construction and reduce construction costs, or 
        otherwise expedite project delivery with respect to 
        transportation projects that receive Federal funding.

           *       *       *       *       *       *       *

Sec. 108. Advance acquisition of real property

  (a) In General.--
          (1) Availability of funds.--For the purpose of 
        facilitating the timely and economical acquisition of 
        [real property] real property interests for a 
        transportation improvement eligible for funding under 
        this title, the Secretary, upon the request of a State, 
        may make available, for the acquisition of [real 
        property] real property interests, such funds 
        apportioned to the State as may be expended on the 
        transportation improvement, under such rules and 
        regulations as the Secretary may issue.
          (2) Construction.--The agreement between the 
        Secretary and the State for the reimbursement of the 
        cost of the [real property] real property interests 
        shall provide for the actual construction of the 
        transportation improvement within a period not to 
        exceed 20 years following the fiscal year for which the 
        request is made, unless the Secretary determines that a 
        longer period is reasonable.
  (b) Federal participation in the cost of [rights-of-way] real 
property interests acquired under subsection (a) of this 
section shall not exceed the Federal pro rata share applicable 
to the class of funds from which Federal reimbursement is made.
  (c) [Early Acquisition of Rights-of-Way] State-Funded Early 
Acquisition of Real Property Interests.--
          (1) In general.--A State may carry out, at the 
        expense of the State, acquisitions of interests in real 
        property for a project before completion of the review 
        process required for the project under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) without affecting subsequent approvals required 
        for the project by the State or any Federal agency.
          [(1) General rule.--Subject to paragraph (2)]
          (2) Eligibility for reimbursement.--Subject to 
        paragraph (3), funds apportioned to a State under this 
        title may be used to participate in the payment of--
                  (A) costs incurred by the State for 
                acquisition of [rights-of-way] real property 
                interests, acquired in advance of any Federal 
                approval or authorization, if the [rights-of-
                way] real property interests are subsequently 
                incorporated into a project eligible for 
                surface transportation program funds; and

           *       *       *       *       *       *       *

          [(2)] (3) Terms and conditions.--The Federal share 
        payable of the costs described [in paragraph (1)] in 
        paragraph (2) shall be eligible for reimbursement out 
        of funds apportioned to a State under this title when 
        the [rights-of-way] real property interests acquired 
        are incorporated into a project eligible for surface 
        transportation program funds, if the State demonstrates 
        to the Secretary and the Secretary finds that--
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) the alternative for which the [right-of-
                way] real property interest is acquired is 
                selected by the State pursuant to regulations 
                to be issued by the Secretary which provide for 
                the consideration of the environmental impacts 
                of various alternatives;
                  (F) before the time that the cost incurred by 
                a State is approved for Federal participation, 
                environmental compliance pursuant to the 
                National Environmental Policy Act has been 
                completed for the project for which the [right-
                of-way] real property interest was acquired by 
                the State, and the acquisition has been 
                approved by the Secretary under this Act, and 
                in compliance with section 303 of title 49, 
                section 7 of the Endangered Species Act, and 
                all other applicable environmental laws shall 
                be identified by the Secretary in regulations; 
                and
                  (G) before the time that the cost incurred by 
                a State is approved for Federal participation, 
                [both the Secretary and the Administrator of 
                the Environmental Protection Agency have 
                concurred] the Secretary has determined that 
                the property acquired in advance of Federal 
                approval or authorization did not influence the 
                environmental assessment of the project, the 
                decision relative to the need to construct the 
                project, or the selection of the project design 
                or location.
  (d) Federally Funded Early Acquisition of Real Property 
Interests.--
          (1) In general.--The Secretary may authorize the use 
        of Federal funds for the acquisition of a real property 
        interest by a State. For purposes of this subsection, 
        an acquisition of a real property interest includes the 
        acquisition of any interest in land, including the 
        acquisition of a contractual right to acquire any 
        interest in land, or any other similar action to 
        acquire or preserve rights-of-way for a transportation 
        facility.
          (2) State certification.--A State requesting Federal 
        funding for an acquisition of a real property interest 
        shall certify in writing that--
                  (A) the State has authority to acquire the 
                real property interest under State law;
                  (B) the acquisition of the real property 
                interest is for a transportation purpose; and
                  (C) the State acknowledges that early 
                acquisition will not be considered by the 
                Secretary in the environmental assessment of a 
                project, the decision relative to the need to 
                construct a project, or the selection of a 
                project design or location.
          (3) Environmental compliance.--Before authorizing 
        Federal funding for an acquisition of a real property 
        interest, the Secretary shall complete for the 
        acquisition the review process under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.). For purposes of the review process, the 
        acquisition of a real property interest shall be 
        treated as having independent utility and does not 
        limit consideration of alternatives for future 
        transportation improvements with respect to the real 
        property interest.
          (4) Programming.--The acquisition of a real property 
        interest for which Federal funding is requested shall 
        be included as a project in an applicable 
        transportation improvement program under sections 5203 
        and 5204 of title 49. The acquisition project may be 
        included in the transportation improvement program on 
        its own, without including the future construction 
        project for which the real property interest is being 
        acquired. The acquisition project may consist of the 
        acquisition of a specific parcel, a portion of a 
        transportation corridor, or an entire transportation 
        corridor.
          (5) Other requirements.--The acquisition of a real 
        property interest shall be carried out in compliance 
        with all requirements applicable to the acquisition of 
        real property interests for federally funded 
        transportation projects.
  (e) Consideration of Long-Range Transportation Needs.--The 
Secretary shall encourage States and other public authorities, 
if practicable, to acquire transportation real property 
interests that are sufficient to accommodate long-range 
transportation needs and, if possible, to do so through the 
acquisition of broad real property interests that have the 
capacity for expansion over a 50- to 100-year period and the 
potential to accommodate one or more transportation modes.

Sec. 109. Standards

  (a) * * *

           *       *       *       *       *       *       *

  (r) Pavement Markings.--The Secretary may not approve any 
pavement markings project that includes the use of glass beads 
containing more than 200 parts per million of arsenic or lead.
  (s) Undertaking Design Activities Before Completion of 
Environmental Review Process.--
          (1) In general.--A State may carry out, at the 
        expense of the State, design activities at any level of 
        detail for a project before completion of the review 
        process required for the project under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) without affecting subsequent approvals of the 
        project.
          (2) Eligibility for reimbursement.--Subject to 
        paragraph (3), funds apportioned to a State under this 
        title may be used to participate in the payment of 
        costs incurred by the State for design activities, if 
        the results of the activities are subsequently 
        incorporated (in whole or in substantial part) into a 
        project eligible for surface transportation program 
        funds.
          (3) Terms and conditions.--The Federal share payable 
        of the costs described in paragraph (2) shall be 
        eligible for reimbursement out of funds apportioned to 
        a State under this title when the design activities are 
        incorporated (in whole or in substantial part) into a 
        project eligible for surface transportation program 
        funds, if the State demonstrates to the Secretary and 
        the Secretary finds that--
                  (A) before the time that the cost incurred by 
                a State is approved for Federal participation, 
                environmental compliance pursuant to the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) has been completed for the 
                project for which the design activities were 
                conducted by the State; and
                  (B) the design activities conducted pursuant 
                to this subsection did not preclude the 
                consideration of alternatives to the project.

[Sec. 110. Revenue aligned budget authority

  [(a) In General.--
          [(1) Allocation.--On October 15 of fiscal year 2007 
        and each fiscal year thereafter, the Secretary shall 
        allocate for such fiscal year and the succeeding fiscal 
        year an amount of funds equal to the amount determined 
        pursuant to section 251(b)(1)(B)(ii)(I)(cc) of the 
        Balanced Budget and Emergency Deficit Control Act of 
        1985 (2 U.S.C 901(b)(2)(B)(ii)(I) (cc)) if the amount 
        determined pursuant to such section for such fiscal 
        year is greater than zero.
          [(2) Reduction.--If the amount determined pursuant to 
        section 251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget 
        and Emergency Deficit Control Act of 1985 (2 U.S.C 
        901(b)(2)(B)(ii)(I) (cc)) for fiscal year 2007 or any 
        fiscal year thereafter is less than zero, the Secretary 
        on October 15 of such fiscal year shall reduce 
        proportionately the amount of sums authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) for such fiscal year and the 
        succeeding fiscal year to carry out each of the 
        Federal-aid highway and highway safety construction 
        programs (other than emergency relief) and the motor 
        carrier safety grant program by an aggregate amount 
        equal to the amount determined pursuant to such 
        section. No reduction under this paragraph and no 
        reduction under section 1102(h), and no reduction under 
        title VIII or any amendment made by title VIII, of the 
        SAFETEA-LU shall be made for a fiscal year if, as of 
        October 1 of such fiscal year the balance in the 
        Highway Trust Fund (other than the Mass Transit 
        Account) exceeds $6,000,000,000.
  [(b) General Distribution.--The Secretary shall--
          [(1) determine the ratio that--
                  [(A) the sums authorized to be appropriated 
                from the Highway Trust Fund (other than the 
                Mass Transit Account) for each of the Federal-
                aid highway and highway safety construction 
                programs (other than the equity bonus program) 
                and the motor carrier safety grant program for 
                which funds are allocated from such Trust Fund 
                by the Secretary under this title, SAFETEA-LU, 
                and subchapter I of chapter 311 of title 49 for 
                a fiscal year, bears to
                  [(B) the total of all sums authorized to be 
                appropriated from such Trust Fund for such 
                programs for such fiscal year;
          [(2) multiply the ratio determined under paragraph 
        (1) by the total amount of funds to be allocated under 
        subsection (a)(1) for such fiscal year;
          [(3) allocate the amount determined under paragraph 
        (2) among such programs in the ratio that--
                  [(A) the sums authorized to be appropriated 
                from such Trust Fund for each of such programs 
                for such fiscal year, bears to
                  [(B) the sums authorized to be appropriated 
                from such Trust Fund for all such programs for 
                such fiscal year; and
          [(4) allocate the remainder of the funds to be 
        allocated under subsection (a)(1) for such fiscal year 
        to the States in the ratio that--
                  [(A) the total of all funds authorized to be 
                appropriated from such Trust Fund for Federal-
                aid highway and highway safety construction 
                programs that are apportioned to each State for 
                such fiscal year but for this section, bears to
                  [(B) the total of all funds authorized to be 
                appropriated from such Trust Fund for such 
                programs that are apportioned to all States for 
                such fiscal year but for this section.
  [(c) State Programmatic Distribution.--Of the funds to be 
apportioned to each State under subsection (b)(4) for a fiscal 
year, the Secretary shall ensure that such funds are 
apportioned for the Interstate and National Highway System 
program, the bridge program, the surface transportation 
program, the highway safety improvement program, and the 
congestion mitigation air quality improvement program in the 
same ratio that each State is apportioned funds for such 
programs for such fiscal year but for this section.
  [(d) Authorization of Appropriations.--There are authorized 
to be appropriated from the Highway Trust Fund (other than the 
Mass Transit Account) such sums as may be necessary to carry 
out this section for fiscal years beginning after September 30, 
1998.
  [(e) After making any calculation necessary to implement this 
section for fiscal year 2001, the amount available under 
paragraph (a)(1) shall be increased by $128,752,000. The 
amounts added under this subsection shall not apply to any 
calculation in any other fiscal year.
  [(f) For fiscal year 2001, prior to making any distribution 
under this section, $22,029,000 of the allocation under 
paragraph (a)(1) shall be available only for each program 
authorized under chapter 53 of title 49, United States Code, 
and title III of Public Law 105-178, in proportion to each such 
program's share of the total authorization in section 5338 
(other than 5338(h)) of such title and sections 3037 and 3038 
of such Public Law, under the terms and conditions of chapter 
53 of such title.
  [(g) For fiscal year 2001, prior to making any distribution 
under this section, $399,000 of the allocation under paragraph 
(a)(1) shall be available only for motor carrier safety 
programs under sections 31104 and 31107 of title 49, United 
States Code; $274,000 for NHTSA operations and research under 
section 403 of title 23, United States Code; and $787,000 for 
NHTSA highway traffic safety grants under chapter 4 of title 
23, United States Code.]

Sec. 111. Agreements relating to use of and access to rights-of-way--
                    Interstate System

  (a) In General.--All agreements between the Secretary and the 
State transportation department for the construction of 
projects on the Interstate System shall contain a clause 
providing that the State will not add any points of access to, 
or exit from, the project in addition to those approved by the 
Secretary in the plans for such project, without the prior 
approval of the Secretary. Such agreements shall also contain a 
clause providing that the State will not permit automotive 
service stations or other commercial establishments for serving 
motor vehicle users to be constructed or located on the rights-
of-way of the Interstate System[.] and will not change the 
boundary of any right-of-way on the Interstate System to 
accommodate construction of, or afford access to, an automotive 
service station or other commercial establishment. Such 
agreements may, however, authorize a State or political 
subdivision thereof to use or permit the use of the airspace 
above and below the established grade line of the highway 
pavement for such purposes as will not impair the full use and 
safety of the highway, as will not require or permit vehicular 
access to such space directly from such established grade line 
of the highway, or otherwise interfere in any way with the free 
flow of traffic on the Interstate System. Nothing in this 
section, or in any agreement entered into under this section, 
shall require the discontinuance, obstruction, or removal of 
any establishment for serving motor vehicle users on any 
highway which has been, or is hereafter, designated as a 
highway or route on the Interstate System (1) if such 
establishment (A) was in existence before January 1, 1960, (B) 
is owned by a State, and (C) is operated through 
concessionaries or otherwise, and (2) if all access to, and 
exits from, such establishment conform to the standards 
established for such a highway under this title.
  (b) Rest Areas.--
          (1) In general.--Notwithstanding subsection (a), the 
        Secretary shall permit a State to acquire, construct, 
        operate, and maintain a rest area along a highway on 
        the Interstate System in such State.
          (2) Eligible activities.--The Secretary shall permit 
        a rest area under paragraph (1) to include commercial 
        activities that provide goods, services, and 
        information serving the traveling public and the 
        commercial motor carrier industry. Such commercial 
        activities shall be limited to--
                  (A) commercial advertising and media displays 
                if such advertising and displays are--
                          (i) exhibited solely within any 
                        facility constructed in the rest area; 
                        and
                          (ii) not legible from the main 
                        traveled way;
                  (B) State promotional or tourism items;
                  (C) tourism-related merchandise and products, 
                including electronics and clothing;
                  (D) historical or tourism-related 
                entertainment items, including event or 
                attraction tickets;
                  (E) travel-related information, including 
                maps, travel booklets, and hotel coupon 
                booklets;
                  (F) automatic teller machines; and
                  (G) lottery machines.
          (3) Private operators.--A State may permit a private 
        party to operate such commercial activities.
          (4) Limitation on use of revenues.--A State shall use 
        any revenues received from the commercial activities in 
        a rest area under this section to cover the costs of 
        acquiring, constructing, operating, and maintaining 
        rest areas in the State.
  [(b)] (c) Vending Machines.--Notwithstanding subsection (a), 
any State may permit the placement of vending machines in rest 
and recreation areas, and in safety rest areas, constructed or 
located on rights-of-way of the Interstate System in such 
State. Such vending machines may only dispense such food, 
drink, and other articles as the State transportation 
department determines are appropriate and desirable. Such 
vending machines may only be operated by the State. In 
permitting the placement of vending machines, the State shall 
give priority to vending machines which are operated through 
the State licensing agency designated pursuant to section 
2(a)(5) of the Act of June 20, 1936, commonly known as the 
``Randolph-Sheppard Act'' (20 U.S.C. 107a(a)(5)). The costs of 
installation, operation, and maintenance of vending machines 
shall not be eligible for Federal assistance under this title.
  [(c)] (d) Motorist Call Boxes.--
          (1) * * *

           *       *       *       *       *       *       *

  (e) Justification Reports.--If the Secretary requests or 
requires a justification report for a project that would add a 
point of access to, or exit from, the Interstate System, the 
Secretary may permit a State transportation department to 
approve such report.

Sec. 112. Letting of contracts

  (a) * * *
  (b) Bidding Requirements.--
          [(1) In general.--Subject to paragraphs (2) and (3), 
        construction of each project, subject to the provisions 
        of subsection (a) of this section, shall be performed 
        by contract awarded by competitive bidding, unless the 
        State transportation department demonstrates, to the 
        satisfaction of the Secretary, that some other method 
        is more cost effective or that an emergency exists. 
        Contracts for the construction of each project shall be 
        awarded only on the basis of the lowest responsive bid 
        submitted by a bidder meeting established criteria of 
        responsibility. No requirement or obligation shall be 
        imposed as a condition precedent to the award of a 
        contract to such bidder for a project, or to the 
        Secretary's concurrence in the award of a contract to 
        such bidder, unless such requirement or obligation is 
        otherwise lawful and is specifically set forth in the 
        advertised specifications.]
          (1) In general.--
                  (A) Competitive bidding requirement.--Subject 
                to paragraphs (2), (3), and (4), construction 
                of each project, subject to the provisions of 
                subsection (a), shall be performed by contract 
                awarded by competitive bidding, unless the 
                State transportation department demonstrates, 
                to the satisfaction of the Secretary, that some 
                other method is more cost effective or that an 
                emergency exists.
                  (B) Basis of award.--
                          (i) In general.--Contracts for the 
                        construction of each project shall be 
                        awarded only on the basis of the lowest 
                        responsive bid submitted by a bidder 
                        meeting established criteria of 
                        responsibility.
                          (ii) Prohibition.--No requirement or 
                        obligation shall be imposed as a 
                        condition precedent to the award of a 
                        contract to such bidder for a project, 
                        or to the Secretary's concurrence in 
                        the award of a contract to such bidder, 
                        unless such requirement or obligation 
                        is otherwise lawful and is specifically 
                        set forth in the advertised 
                        specifications.

           *       *       *       *       *       *       *

          (3) Design-build contracting.--
                  (A) In general.--A State transportation 
                department or local transportation agency may 
                award a design-build contract for a qualified 
                project described in [subparagraph (C)] 
                subparagraph (B) using any procurement process 
                permitted by applicable State and local law.
                  [(B) Limitation on final design.--Final 
                design under a design-build contract referred 
                to in subparagraph (A) shall not commence 
                before compliance with section 102 of the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4332).]
                  [(C)] (B) Qualified projects.--A qualified 
                project referred to in subparagraph (A) is a 
                project under this chapter (including 
                intermodal projects) for which the Secretary 
                has approved the use of design-build 
                contracting under criteria specified in 
                regulations issued by the Secretary.
                  [(D)] (C) Regulatory process.--Not later than 
                90 days after the date of enactment [of the 
                SAFETEA-LU] of the American Energy and 
                Infrastructure Jobs Act of 2012, the Secretary 
                shall issue revised regulations under section 
                1307(c) of the Transportation Equity Act for 
                21st Century (23 U.S.C. 112 note; 112 Stat. 
                230) that--
                          (i) * * *
                          (ii) require that the State 
                        transportation department or local 
                        transportation agency receive 
                        concurrence from the Secretary before 
                        carrying out an activity under clause 
                        (i); [and]
                          (iii) preclude the design-build 
                        contractor from proceeding with [final 
                        design or] construction of any 
                        permanent improvement prior to 
                        completion of the process under such 
                        section 102[.]; and
                          (iv) permit the State transportation 
                        department, the local transportation 
                        agency, and the design-build contractor 
                        to proceed, at the expense of one or 
                        more of those entities, with design 
                        activities at any level of detail for a 
                        project before completion of the review 
                        process required for the project under 
                        the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.) 
                        without affecting subsequent approvals 
                        required for the project. Design 
                        activities carried out under this 
                        clause shall be eligible for Federal 
                        reimbursement as a project expense in 
                        accordance with the requirements under 
                        section 109(s).
                  [(E)] (D) Design-build contract defined.--In 
                this paragraph, the term ``design-build 
                contract'' means an agreement that provides for 
                design and construction of a project by a 
                contractor, regardless of whether the agreement 
                is in the form of a design-build contract, a 
                franchise agreement, or any other form of 
                contract approved by the Secretary.
          (4) Method of contracting.--
                  (A) In general.--
                          (i) Two-phase contract.--A 
                        contracting agency may award a two-
                        phase contract for preconstruction and 
                        construction services.
                          (ii) Pre-construction services 
                        phase.--In the pre-construction 
                        services phase, the contractor shall 
                        provide the contracting agency with 
                        advice for scheduling, work sequencing, 
                        cost engineering, constructability, 
                        cost estimating, and risk 
                        identification.
                          (iii) Agreement.--Prior to the start 
                        of the construction services phase, the 
                        contracting agency and the contractor 
                        may agree to a price and other factors 
                        specified in regulation for the 
                        construction of the project or a 
                        portion of the project.
                          (iv) Construction phase.--If an 
                        agreement is reached under clause 
                        (iii), the contractor shall be 
                        responsible for the construction of the 
                        project or portion of the project at 
                        the negotiated price and other factors 
                        specified in regulation.
                  (B) Selection.--A contract shall be awarded 
                to a contractor using a competitive selection 
                process based on qualifications, experience, 
                best value, or any other combination of factors 
                considered appropriate by the contracting 
                agency.
                  (C) Timing.--
                          (i) Relationship to nepa process.--
                        Prior to the completion of the process 
                        required under section 102 of the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4332), a contracting 
                        agency may--
                                  (I) issue requests for 
                                proposals;
                                  (II) proceed with the award 
                                of a contract for 
                                preconstruction services under 
                                subparagraph (A); and
                                  (III) issue notices to 
                                proceed with a preliminary 
                                design and any work related to 
                                preliminary design.
                          (ii) Preconstruction services 
                        phase.--If the preconstruction services 
                        phase of a contract under subparagraph 
                        (A)(ii) focuses primarily on one 
                        alternative, the Secretary shall 
                        require that the contract include 
                        appropriate provisions to achieve the 
                        objectives of section 102 of the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4332) and comply with 
                        other applicable Federal laws and 
                        regulations.
                          (iii) Construction services phase.--A 
                        contracting agency may not proceed with 
                        the award of the construction services 
                        phase of a contract under subparagraph 
                        (A)(iv) and may not proceed, or permit 
                        any consultant or contractor to 
                        proceed, with construction until 
                        completion of the process required 
                        under section 102 of the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4332).
                          (iv) Approval requirement.--Prior to 
                        authorizing construction activities, 
                        the Secretary shall approve the 
                        contracting agency's price estimate for 
                        the entire project, as well as any 
                        price agreement with the general 
                        contractor for the project or a portion 
                        of the project.
                          (v) Design activities.--A contracting 
                        agency may proceed, at its expense, 
                        with design activities at any level of 
                        detail for a project before completion 
                        of the review process required for the 
                        project under the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.) without affecting 
                        subsequent approvals required for the 
                        project. Design activities carried out 
                        under this clause shall be eligible for 
                        Federal reimbursement as a project 
                        expense in accordance with the 
                        requirements under section 109(s).

           *       *       *       *       *       *       *

  (h) Use of Patented or Proprietary Items.--The Secretary 
shall approve the use, by a State, of Federal funds made 
available to carry out this chapter to pay for patented or 
proprietary items if the State transportation department 
certifies, based on the documented analysis and professional 
judgment of qualified State transportation officials, that--
          (1) no equally suitable alternative item exists;
          (2) any specified patented or proprietary item will 
        be clearly identified as a patented or proprietary item 
        in bid documents; and
          (3) any specified patented or proprietary item will 
        be available in sufficient quantity to complete any 
        project identified in bid documents.

           *       *       *       *       *       *       *

Sec. 114. Construction

  (a) * * *

           *       *       *       *       *       *       *

  (d) Veterans Employment.--Recipients of Federal financial 
assistance under this chapter shall ensure that contractors 
working on a highway project funded using such assistance give 
preference in the hiring or referral of laborers on any project 
for the construction of a highway to veterans, as defined in 
section 2108 of title 5, who have the requisite skills and 
abilities to perform the construction work required under the 
contract. This subsection shall not apply to projects subject 
to section 140(d).

           *       *       *       *       *       *       *

Sec. 116. Maintenance

  (a) * * *

           *       *       *       *       *       *       *

  (e) Definitions.--In this section, the following definitions 
apply:
          (1) Preventive maintenance.--The term ``preventive 
        maintenance'' includes pavement preservation programs 
        and activities.
          (2) Pavement preservation programs and activities.--
        The term ``pavement preservation programs and 
        activities'' means programs and activities employing a 
        network level, long-term strategy that enhances 
        pavement performance by using an integrated, cost-
        effective set of practices that extend pavement life, 
        improve safety, and meet road user expectations.

[Sec. 117. High priority projects program

  [(a) Authorization of High Priority Projects.--
          [(1) In general.--The Secretary is authorized to 
        carry out high priority projects with funds made 
        available to carry out the high priority projects 
        program under this section.
          [(2) Availability of funds.--
                  [(A) For tea-21.--Of amounts made available 
                to carry out this section for fiscal years 1998 
                through 2003, the Secretary, subject to 
                subsection (b), shall make available to carry 
                out each project described in section 1602 of 
                the Transportation Equity Act for the 21st 
                Century (112 Stat. 257) the amount listed for 
                such project in such section.
                  [(B) For SAFETEA-LU.--Of amounts made 
                available to carry out this section for fiscal 
                years 2005 through 2009, the Secretary, subject 
                to subsection (c), shall make available to 
                carry out each project described in section 
                1702 of the Safe, Accountable, Flexible, 
                Efficient Transportation Equity Act: A Legacy 
                for Users (119 Stat. 1256) the amount listed 
                for such project in such section.
          [(3) Availability of unallocated funds.--Any amounts 
        made available to carry out such program that are not 
        allocated for projects described in such section shall 
        be available to the Secretary, subject to subsection 
        (b), to carry out such other high priority projects as 
        the Secretary determines appropriate.
  [(b) For TEA-21.--For each project to be carried out with 
funds made available to carry out the high priority projects 
program under this section for fiscal years 1998 through 2003--
          [(1) 11 percent of such amount shall be available for 
        obligation beginning in fiscal year 1998;
          [(2) 15 percent of such amount shall be available for 
        obligation beginning in fiscal year 1999;
          [(3) 18 percent of such amount shall be available for 
        obligation beginning in fiscal year 2000;
          [(4) 18 percent of such amount shall be available for 
        obligation beginning in fiscal year 2001;
          [(5) 19 percent of such amount shall be available for 
        obligation beginning in fiscal year 2002; and
          [(6) 19 percent of such amount shall be available for 
        obligation beginning in fiscal year 2003.
  [(c) For SAFETEA-LU.--For each project to be carried out with 
funds made available to carry out the high priority projects 
program under this section for fiscal years 2005 through 2009--
          [(1) 20 percent of such amount shall be available for 
        obligation beginning in fiscal year 2005;
          [(2) 20 percent of such amount shall be available for 
        obligation beginning in fiscal year 2006;
          [(3) 20 percent of such amount shall be available for 
        obligation beginning in fiscal year 2007;
          [(4) 20 percent of such amount shall be available for 
        obligation beginning in fiscal year 2008; and
          [(5) 20 percent of such amount shall be available for 
        obligation beginning in fiscal year 2009.
  [(d) Federal Share.--The Federal share payable on account of 
any project carried out with funds made available to carry out 
this section shall be 80 percent of the total cost thereof; 
except that the Federal share on account of the project to be 
carried out under item 1419 of the table contained in section 
1602 of the Transportation Equity Act for the 21st Century (112 
Stat. 309), relating to reconstruction of a road and causeway 
in Shiloh Military Park in Hardin County, Tennessee, shall be 
100 percent of the total cost thereof.
  [(e) Delegation to States.--Subject to the provisions of this 
title, the Secretary shall delegate responsibility for carrying 
out a project or projects, with funds made available to carry 
out this section, to the State in which such project or 
projects are located upon request of such State.
  [(f) Advance Construction.--When a State which has been 
delegated responsibility for a project under this section--
          [(1) has obligated all funds allocated under this 
        section and section 1602 of the Transportation Equity 
        Act for the 21st Century or section 1701 of the 
        SAFETEA-LU, as the case may be, for such project; and
          [(2) proceeds to construct such project without the 
        aid of Federal funds in accordance with all procedures 
        and all requirements applicable to such project, except 
        insofar as such procedures and requirements limit the 
        State to the construction of projects with the aid of 
        Federal funds previously allocated to it;
the Secretary, upon the approval of the application of a State, 
shall pay to the State the Federal share of the cost of 
construction of the project when additional funds are allocated 
for such project under this section and such section 1602 or 
1702, as the case may be.
  [(g) Period of Availability.--Funds made available to carry 
out this section shall remain available until expended.
  [(h) Availability of Obligation Limitation.--Obligation 
authority attributable to funds made available to carry out 
this section shall only be available for the purposes of this 
section and shall remain available until obligated pursuant to 
section 1102(g) of the Transportation Equity Act for the 21st 
Century or section 1102(g) of the SAFETEA-LU, as the case may 
be.
  [(i) Treatment.--Funds allocated to a State in accordance 
with this section shall be treated as amounts in addition to 
the amounts a State is apportioned under sections 104, 105, and 
144 for programmatic purposes.]

Sec. 118. Availability of funds

  (a) Date Available for Obligation.--Except as otherwise 
specifically provided, authorizations from the Highway Trust 
Fund (other than the [Mass Transit Account] Alternative 
Transportation Account) to carry out this title, and amounts 
made available from the Alternative Transportation Account to 
carry out the congestion mitigation and air quality improvement 
program under section 149, the ferry boat and ferry terminal 
facilities program under section 147, the Puerto Rico highway 
program under section 165, and the territorial highway program 
under section 215, shall be available for obligation on the 
date of their apportionment or allocation or on October 1 of 
the fiscal year for which they are authorized, whichever occurs 
first.

           *       *       *       *       *       *       *

  [(c) Set Asides for Interstate Discretionary Projects.--
          [(1) In general.--Before any apportionment is made 
        under section 104(b)(4), the Secretary shall set aside 
        $100,000,000 for each of fiscal years 2005 through 2009 
        for obligation by the Secretary for projects for 
        resurfacing, restoring, rehabilitating, and 
        reconstructing any route or portion thereof on the 
        Interstate System (other than any highway designated as 
        a part of the Interstate System under section 139 (as 
        in effect on the day before the date of enactment of 
        the Transportation Equity Act for the 21st Century)) 
        and any toll road on the Interstate System not subject 
        to an agreement under section 119(e) (as in effect on 
        December 17, 1991).
          [(2) Selection criteria.--The amounts set aside under 
        paragraph (1) shall be made available by the Secretary 
        to any State applying for such funds if the Secretary 
        determines that--
                  [(A) the State has obligated or demonstrates 
                that it will obligate in the fiscal year all of 
                its apportionments under section 104(b)(4) 
                other than an amount that, by itself, is 
                insufficient to pay the Federal share of the 
                cost of a project for resurfacing, restoring, 
                rehabilitating, and reconstructing the 
                Interstate System that has been submitted by 
                the State to the Secretary for approval; and
                  [(B) the applicant is willing and able to--
                          [(i) obligate the funds within 1 year 
                        of the date the funds are made 
                        available;
                          [(ii) apply the funds to a ready-to-
                        commence project; and
                          [(iii) in the case of construction 
                        work, begin work within 90 days after 
                        obligation.
          [(3) Priority consideration for certain projects.--In 
        selecting projects to fund under paragraph (1), the 
        Secretary shall give priority consideration to any 
        project the cost of which exceeds $10,000,000 on any 
        high volume route in an urban area or a high truck-
        volume route in a rural area.
          [(4) Period of availability of discretionary funds.--
        Sums made available pursuant to this subsection shall 
        remain available until expended.]

           *       *       *       *       *       *       *

[Sec. 119. Interstate maintenance program

  [(a) In General.--
          [(1) Projects.--The Secretary may approve projects 
        for resurfacing, restoring, rehabilitating, and 
        reconstructing--
                  [(A) routes on the Interstate System 
                designated under section 103(c)(1) and, in 
                Alaska and Puerto Rico, under section 
                103(c)(4)(A);
                  [(B) routes on the Interstate System 
                designated before the date of enactment of the 
                Transportation Equity Act for the 21st Century 
                under subsections (a) and (b) of section 139 
                (as in effect on the day before the date of 
                enactment of such Act); and
                  [(C) any segments that become part of the 
                Interstate System under section 1105(e)(5) of 
                the Intermodal Surface Transportation 
                Efficiency Act of 1991.
          [(2) Toll roads.--The Secretary may approve a project 
        pursuant to this subsection on a toll road only if such 
        road is subject to a Secretarial agreement provided for 
        in section 129 or continued in effect by section 
        1012(d) of the Intermodal Surface Transportation 
        Efficiency Act of 1991 (105 Stat. 1939) and not voided 
        by the Secretary under section 120(c) of the Surface 
        Transportation and Uniform Relocation Assistance Act of 
        1987 (101 Stat. 159).
          [(3) Funding.--Sums authorized to be appropriated to 
        carry out this section shall be out of the Highway 
        Trust Fund and shall be apportioned in accordance with 
        section 104(b)(4).
  [(b) Transfer of Interstate Construction Apportionments.--
Upon application by a State (other than the State of 
Massachusetts) and approval by the Secretary, the Secretary may 
transfer to the apportionments to such State under section 
104(b)(1) or 104(b)(4) any amount of the funds apportioned to 
such State for any fiscal year under section 104(b)(5)(A) (as 
in effect on the date before the date of enactment of the 
Transportation Equity Act for the 21st Century) if such amount 
does not exceed the Federal share of the costs of construction 
of segments of the Interstate System open to traffic in such 
State (other than high occupancy vehicle lanes) included in the 
most recent interstate cost estimate. Upon transfer of such 
amount, the construction on which such amount is based on open-
to-traffic segments of the Interstate System in such State as 
included in the latest interstate cost estimate shall be 
ineligible and shall not be included in future interstate cost 
estimates approved or adjusted under section 104(b)(5)(A) (as 
in effect on the date before the date of enactment of the 
Transportation Equity Act for the 21st Century).
  [(c) Transfer of Funds for Surface Transportation Program 
Projects.--
          [(1) Upon certification acceptance.--If a State 
        certifies to the Secretary that any part of the sums 
        apportioned to the State under section 104(b)(4) of 
        this title are in excess of the needs of the State for 
        resurfacing, restoring, or rehabilitating Interstate 
        System routes and the State is adequately maintaining 
        the Interstate System and the Secretary accepts such 
        certification, the State may transfer such excess part 
        to its apportionment under sections 104(b)(1) and 
        104(b)(3).
          [(2) Unconditional.--Notwithstanding paragraph (1), a 
        State may transfer to its apportionment under sections 
        104(b)(1) and 104(b)(3) of this title--
                  [(A) in fiscal year 1987, an amount not to 
                exceed 20 percent of the funds apportioned to 
                the State under section 104(b)(4) which are not 
                obligated at the time of the transfer; and
                  [(B) in any fiscal year thereafter, an amount 
                not to exceed 20 percent of the funds 
                apportioned to the State under section 
                104(b)(4) for such fiscal year.
  [(d) Limitation on New Capacity.--Notwithstanding any other 
provision of this title, the portion of the cost of any project 
undertaken pursuant to this section that is attributable to the 
expansion of the capacity of any Interstate highway or bridge, 
where such new capacity consists of one or more new travel 
lanes that are not high-occupancy vehicle lanes or auxiliary 
lanes, shall not be eligible for funding under this section.]

Sec. 119. National Highway System program

  (a) Establishment.--The Secretary shall establish and 
implement a National Highway System program under this section.
  (b) Purposes.--The purposes of the National Highway System 
program shall be--
          (1) to provide support for the condition and 
        operational performance of the National Highway System;
          (2) to provide support for the construction of new 
        facilities on the National Highway System; and
          (3) to ensure that investments of National Highway 
        System program funds are directed to achievement of 
        performance goals established in a State's asset 
        management plan for the National Highway System under 
        section 103(b)(6).
  (c) Eligible Facilities.--Except as otherwise specifically 
provided by this section, to be eligible for funding 
apportioned under section 104(b)(1) to carry out this section, 
a facility must be located on the National Highway System.
  (d) Eligible Projects.--Funds apportioned to a State to carry 
out this section may be obligated only for a project that is--
          (1) on an eligible facility, as described in 
        subsection (c);
          (2) a project, or is a part of a program of projects, 
        supporting progress toward the achievement of national 
        performance goals under section 5206 of title 49 for 
        improving infrastructure condition, safety, mobility, 
        or freight movement on the National Highway System;
          (3) consistent with the requirements of sections 5203 
        and 5204 of title 49; and
          (4) for one or more of the purposes specified in 
        subsection (e).
  (e) Project Purposes.--A project receiving funding under this 
section shall be for one or more of the following purposes:
          (1) Construction, reconstruction, resurfacing, 
        restoration, rehabilitation, preservation, or 
        operational improvements of segments of the National 
        Highway System.
          (2) Construction, reconstruction, replacement 
        (including replacement with fill material), 
        rehabilitation, preservation, and protection (including 
        scour countermeasures, seismic retrofits, and impact 
        protection measures) of bridges and tunnels on the 
        National Highway System.
          (3) Inspection and evaluation, as defined in section 
        151, of bridges and tunnels on the National Highway 
        System, or inspection and evaluation of other highway 
        infrastructure assets on the National Highway System.
          (4) Training of bridge and tunnel inspectors, as 
        defined in section 151.
          (5) Rehabilitation or replacement of existing ferry 
        boats and ferry boat facilities, including approaches, 
        that connect road segments of the National Highway 
        System.
          (6) Highway safety improvements for segments of the 
        National Highway System.
          (7) Capital and operating costs for traffic 
        management and traveler information monitoring, 
        management, and control facilities and programs for the 
        National Highway System.
          (8) Infrastructure-based intelligent transportation 
        systems capital improvements for the National Highway 
        System.
          (9) Development and implementation of a State asset 
        management plan for the National Highway System in 
        accordance with section 103(b), including data 
        collection, maintenance, and integration and the cost 
        associated with obtaining, updating, and licensing 
        software and equipment required for risk-based asset 
        management and performance-based management.
          (10) Environmental mitigation efforts related to 
        projects funded under this section, as described in 
        subsection (f).
          (11) Construction of publicly owned intracity or 
        intercity bus terminals.
          (12) Environmental restoration and pollution 
        abatement associated with a project funded under this 
        section in accordance with section 328.
  (f) Environmental Mitigation.--
          (1) Eligible activities.--Environmental mitigation 
        efforts referred to in subsection (e)(10) include--
                  (A) participation in mitigation banking or 
                other third-party mitigation arrangements, such 
                as--
                          (i) the purchase of credits from 
                        commercial mitigation banks;
                          (ii) the establishment and management 
                        of agency-sponsored mitigation banks; 
                        and
                          (iii) the purchase of credits or 
                        establishment of in-lieu fee mitigation 
                        programs;
                  (B) contributions to statewide and regional 
                efforts to conserve, restore, enhance, and 
                create natural habitats, wetlands, and other 
                resources; and
                  (C) the development of statewide and regional 
                environmental protection plans.
          (2) Inclusion of other activities.--The banks, 
        efforts, and plans described in paragraph (1) include 
        any such banks, efforts, and plans developed in 
        accordance with applicable law (including regulations).
          (3) Terms and conditions.--The following terms and 
        conditions apply to natural habitat and wetlands 
        mitigation efforts referred to in subsection (e)(10):
                  (A) Contributions to the mitigation effort 
                may take place concurrent with, in advance of, 
                or subsequent to the construction of a project 
                or projects.
                  (B) Credits from any agency-sponsored 
                mitigation bank that are attributable to 
                funding under this section may be used only for 
                projects funded under this title unless the 
                agency pays to the Secretary an amount equal to 
                the Federal funds attributable to the 
                mitigation bank credits the agency uses for 
                purposes other than mitigation of a project 
                funded under this title.
          (4) Preference.--At the discretion of the project 
        sponsor, preference shall be given, to the maximum 
        extent practicable, to mitigating an environmental 
        impact through the use of a mitigation bank or other 
        third-party mitigation arrangement, if the use of 
        credits from the mitigation bank for the project is 
        approved by the applicable Federal agency.
  (g) Federal Share.--
          (1) In general.--Except as provided by paragraph (2), 
        the Federal share of the cost of a project payable from 
        funds made available to carry out this section shall be 
        determined under section 120(b).
          (2) Interstate system.--The Federal share of the cost 
        of a project on the Interstate System payable from 
        funds made available to carry out this section shall be 
        determined under section 120(a).

Sec. 120. Federal share payable

  (a) * * *

           *       *       *       *       *       *       *

  (e) Emergency Relief.--The Federal share payable on account 
of any repair or reconstruction provided for by funds made 
available under section 125 of this title on account of any 
project on a Federal-aid highway, including the Interstate 
System, shall not exceed the Federal share payable on a project 
on such highway as provided in subsections (a) and (b) of this 
section; except that (1) the Federal share payable for eligible 
emergency repairs to minimize damage, protect facilities, or 
restore essential traffic accomplished within 180 days after 
the actual occurrence of the natural disaster or catastrophic 
failure may amount to 100 percent of the costs thereof; and (2) 
the Federal share payable on account of any repair or 
reconstruction of [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] tribal roads and Federal lands highways may 
amount to 100 percent of the cost thereof. The total cost of a 
project may not exceed the cost of repair or reconstruction of 
a comparable facility. As used in this section with respect to 
bridges and in section 144 of this title, ``a comparable 
facility'' shall mean a facility which meets the current 
geometric and construction standards required for the types and 
volume of traffic which such facility will carry over its 
design life.

           *       *       *       *       *       *       *

  (j) Credit for Non-Federal Share.--
          (1) Eligibility.--
                  (A) In general.--A State may use as a credit 
                toward the non-Federal share requirement for 
                any funds made available to carry out this 
                title (other than the emergency relief program 
                authorized by section 125 [and the Appalachian 
                development highway system program under 
                section 14501 of title 40]) or chapter 53 of 
                title 49 toll revenues that are generated and 
                used by public, quasi-public, and private 
                agencies to build, improve, or maintain 
                highways, bridges, or tunnels that serve the 
                public purpose of interstate commerce.

           *       *       *       *       *       *       *

  (l) Use of [Federal Lands Highways Program] Tribal 
Transportation Program and Federal Lands Transportation Program 
Funds.--Notwithstanding any other provision of law, the funds 
authorized to be appropriated to carry out [the Federal lands 
highways program under section 204] 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 Indian lands.

           *       *       *       *       *       *       *

Sec. 125. Emergency relief

  (a) * * *

           *       *       *       *       *       *       *

  [(d) The Secretary may expend funds from the emergency fund 
herein authorized for the repair or reconstruction of highways 
on Federal-aid highways in accordance with the provisions of 
this chapter: Provided, That (1) obligations for projects under 
this section, including those on highways, roads, and trails 
mentioned in subsection (e) of this section, resulting from a 
single natural disaster or a single catastrophic failure in a 
State shall not exceed $100,000,000, and (2) the total 
obligations for projects under this section in any fiscal year 
in the Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands shall not exceed 
$20,000,000. Notwithstanding any provision of this chapter 
actual and necessary costs of maintenance and operation of 
ferryboats providing temporary substitute highway traffic 
service, less the amount of fares charged, may be expended from 
the emergency fund herein authorized on Federal-aid highways. 
Except as to highways, roads, and trails mentioned in 
subsection (e) of this section, no funds shall be so expended 
unless the Secretary has received an application therefor from 
the State transportation department, and unless an emergency 
has been declared by the Governor of the State and concurred in 
by the Secretary, except that if the President has declared 
such emergency to be a major disaster for the purposes of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.) concurrence of the Secretary is not 
required.
  [(e) The Secretary may expend funds from the emergency fund 
herein authorized, either independently or in cooperation with 
any other branch of the Government, State agency, organization, 
or person, for the repair or reconstruction of 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, whether or not such 
highways, roads, or trails are Federal-aid highways.]
  (d) Eligibility.--
          (1) In general.--Subject to the requirements of this 
        subsection, the Secretary may expend funds from the 
        emergency fund authorized by this section for the 
        repair or reconstruction of Federal-aid highways in 
        accordance with the provisions of this chapter.
          (2) Maximum total project costs.--
                  (A) In general.--The total cost of a project 
                carried out under this section may not exceed 
                the cost of repair or reconstruction of a 
                comparable facility.
                  (B) Comparable facility defined.--In this 
                paragraph, the term ``comparable facility'' 
                means a facility that meets the current 
                geometric and construction standards required 
                for the types and volume of traffic that the 
                facility will carry over its design life.
          (3) Debris removal.--The costs of debris removal 
        shall be an eligible expense under this section only 
        for--
                  (A) an event not declared a major disaster or 
                emergency by the President under the Robert T. 
                Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5121 et seq.); or
                  (B) an event declared a major disaster or 
                emergency by the President under that Act if 
                the debris removal is not eligible for 
                assistance pursuant to section 403, 407, or 502 
                of that Act (42 U.S.C. 5170b, 5173, 5192).
          (4) Territories.--The total obligations for projects 
        under this section in a fiscal year in the Virgin 
        Islands, Guam, American Samoa, and the Commonwealth of 
        the Northern Mariana Islands may not exceed 
        $20,000,000.
          (5) Temporary substitute highway traffic service.--
        Notwithstanding any other provision of this chapter, 
        actual and necessary costs of maintenance and operation 
        of ferryboats or additional transit service providing 
        temporary substitute highway traffic service, less the 
        amount of fares charged, may be expended from the 
        emergency fund under this section authorized for 
        Federal-aid highways.
          (6) Applications; emergency declarations.--Except as 
        to highways, roads, and trails referred to in 
        subsection (e), no funds may be expended under this 
        section unless--
                  (A) a declaration is made--
                          (i) by the Governor of the State and 
                        concurred in by the Secretary, that an 
                        emergency exists; or
                          (ii) by the President under the 
                        Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 
                        5121 et seq.) that a major disaster or 
                        emergency exists; and
                  (B) not later than 2 years after a 
                declaration is made under subparagraph (A), the 
                Secretary has received an application for 
                assistance from the State transportation 
                department that includes a comprehensive list 
                of potentially eligible project sites and 
                repair costs.
  (e) Tribal Roads, Federal Lands Highways, and Public Roads on 
Federal Lands.--
          (1) Use of emergency fund.--Notwithstanding 
        subsection (d)(1), the Secretary may expend funds from 
        the emergency fund authorized by this section, either 
        independently or in cooperation with any other branch 
        of the Government, a State agency, tribal organization, 
        organization, or person, for the repair or 
        reconstruction of tribal roads, Federal lands highways, 
        and other federally owned roads that are open to public 
        travel, whether or not such roads are Federal-aid 
        highways.
          (2) Reimbursements.--The Secretary may reimburse 
        Federal agencies, State (including political 
        subdivisions of the States) agencies, and Indian tribal 
        governments for expenditures made on projects 
        determined eligible under this section, including 
        expenditures for emergency repairs made before a 
        determination of eligibility. Such reimbursements to 
        Federal agencies and Indian tribal governments shall be 
        transferred to the account from which the expenditure 
        was made, or to a similar account that remains 
        available for obligation, and the budget authority 
        associated with the expenditure shall be restored to 
        the agency from which it was derived and shall be 
        available for obligation until the end of the fiscal 
        year following the year in which the transfer occurs.
          (3) Open to public travel defined.--In this 
        subsection, the term ``open to public travel'' means 
        that, except during scheduled periods, extreme weather 
        conditions, or emergencies, the road is open to the 
        general public for use with a standard passenger auto, 
        without restrictive gates or prohibitive signs or 
        regulations, other than for general traffic control or 
        restrictions based on size, weight, or class of 
        registration.

           *       *       *       *       *       *       *

[Sec. 126. Uniform transferability of Federal-aid highway funds

  [(a) General Rule.--Notwithstanding any other provision of 
law but subject to subsections (b) and (c), if at least 50 
percent of a State's apportionment under section 104 or 144 for 
a fiscal year or at least 50 percent of the funds set-aside 
under section 133(d) from the State's apportionment under 
section 104(b)(3) may not be transferred to any other 
apportionment of the State under section 104 or 144 for such 
fiscal year, then the State may transfer not to exceed 50 
percent of such apportionment or set aside to any other 
apportionment of such State under section 104 or 144 for such 
fiscal year.
  [(b) Application to Certain Set-Asides.--No funds may be 
transferred under this section that are subject to the last 
sentence of section 133(d)(1) or to section 104(f) or to 
section 133(d)(3). The maximum amount that a State may transfer 
under this section of the State's set-aside under section 
133(d)(1) or 133(d)(2) for a fiscal year may not exceed 25 
percent of (1) the amount of such set-aside, less (2) the 
amount of the State's set-aside under such section for fiscal 
year 1997.
  [(c) Application to Certain CMAQ Funds.--The maximum amount 
that a State may transfer under this section of the State's 
apportionment under section 104(b)(2) for a fiscal year may not 
exceed 50 percent of (1) the amount of such apportionment, less 
(2) the amount that the State's apportionment under section 
104(b)(2) for such fiscal year would have been had the program 
been funded at $1,350,000,000. Any such funds apportioned under 
section 104(b)(2) and transferred under this section may only 
be obligated in geographic areas eligible for the obligation of 
funds apportioned under section 104(b)(2).]

Sec. 126. Uniform transferability of Federal-aid highway funds

  (a) General Rule.--Notwithstanding any other provision of 
law, but subject to subsection (b), a State may transfer not to 
exceed 25 percent of the State's apportionment under paragraph 
(1), (3), or (5) of section 104(b) for a fiscal year to any 
other apportionment of the State under any of those paragraphs 
for that fiscal year.
  (b) Application to Certain Set-Asides.--No funds may be 
transferred under this section that are subject to section 
104(f) or section 133(d)(3).

Sec. 127. Vehicle weight limitations--Interstate System

  (a) In General.--
          (1) * * *

           *       *       *       *       *       *       *

          (12) Heavy duty vehicles.--
                  (A) * * *
                  (B) Maximum weight increase.--The weight 
                increase under subparagraph (A) shall be not 
                greater than [400] 550 pounds.
                  (C) Proof.--On request by a regulatory agency 
                or law enforcement agency, the vehicle operator 
                shall provide proof (through demonstration or 
                certification) that--
                          (i) * * *
                          (ii) the [400-pound] 550-pound gross 
                        weight increase is not used for any 
                        purpose other than the use of idle 
                        reduction technology described in 
                        subparagraph (A).
          (13) Pilot program.--
                  (A) In general.--The Secretary may carry out 
                a pilot program under which the Secretary may 
                authorize up to 3 States to allow, by special 
                permit, the operation of vehicles with a gross 
                vehicle weight of up to 126,000 pounds on 
                segments on the Interstate System in the State.
                  (B) Requirements.--A State authorized under 
                the pilot program under subparagraph (A) 
                shall--
                          (i) identify and submit to the 
                        Secretary for approval the segments on 
                        the Interstate System to be subject to 
                        the program and the configurations of 
                        vehicles to be allowed to operate under 
                        a special permit;
                          (ii) allow vehicles subject to the 
                        program to operate on not more than 3 
                        segments, which may be contiguous, of 
                        up to 25 miles each;
                          (iii) require the loads of vehicles 
                        operating under a special permit to 
                        conform to such single axle, tandem 
                        axle, tridem axle, and bridge formula 
                        limits applicable in the State; and
                          (iv) establish and collect a fee for 
                        vehicles operating under a special 
                        permit.
                  (C) Prohibitions.--The Secretary may prohibit 
                the operation of a vehicle under a special 
                permit if the Secretary determines that the 
                operation poses an unreasonable safety risk 
                based on an analysis of engineering data, 
                safety data, or other applicable data.
                  (D) Duration.--The Secretary may authorize a 
                State under the pilot program under 
                subparagraph (A) for a period not to exceed 4 
                years.

           *       *       *       *       *       *       *

  (i) Special Permits During Periods of Emergency.--
          (1) In general.--A State may issue special permits 
        with respect to a major disaster or emergency declared 
        under the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5121 et seq.) to 
        overweight vehicles and loads that can be easily 
        dismantled or divided allowing operations on the 
        Interstate System that would otherwise be prohibited 
        under subsection (a), if--
                  (A) the permits are issued in accordance with 
                State law; and
                  (B) the permits are issued exclusively to 
                vehicles and loads that are delivering relief 
                supplies in response to the major disaster or 
                emergency.
          (2) Expiration.--A permit issued with respect to a 
        major disaster or emergency under paragraph (1) shall 
        expire not later than 120 days after the date of the 
        declaration of the major disaster or emergency as 
        described in paragraph (1).
  (j) Emergency Vehicles.--
          (1) In general.--Notwithstanding subsection (a), a 
        State may not enforce against an emergency vehicle a 
        weight limit of--
                  (A) less than 24,000 pounds on a single 
                steering axle;
                  (B) less than 33,500 pounds on a single drive 
                axle;
                  (C) less than 62,000 pounds on a tandem axle; 
                or
                  (D) less than 52,000 pounds on a tandem rear 
                drive steer axle, up to a maximum gross vehicle 
                weight of 86,000 pounds.
          (2) Emergency vehicle defined.--In this subsection, 
        the term ``emergency vehicle'' means a vehicle designed 
        to be used under emergency conditions--
                  (A) to transport personnel and equipment; and
                  (B) to support the suppression of fires or 
                mitigation of other hazardous situations.

           *       *       *       *       *       *       *

Sec. 129. Toll roads, bridges, tunnels, and ferries

  [(a) Basic Program.--
          [(1) Authorization for federal participation.--
        Notwithstanding section 301 of this title and subject 
        to the provisions of this section, the Secretary shall 
        permit Federal participation in--
                  [(A) initial construction of a toll highway, 
                bridge, or tunnel (other than a highway, 
                bridge, or tunnel on the Interstate System) or 
                approach thereto;
                  [(B) reconstructing, resurfacing, restoring, 
                and rehabilitating a toll highway, bridge, or 
                tunnel (including a toll highway, bridge, or 
                tunnel subject to an agreement entered into 
                under this section or section 119(e) as in 
                effect on the day before the date of the 
                enactment of the Intermodal Surface 
                Transportation Efficiency Act of 1991) or 
                approach thereto;
                  [(C) reconstruction or replacement of a toll-
                free bridge or tunnel and conversion of the 
                bridge or tunnel to a toll facility;
                  [(D) reconstruction of a toll-free Federal-
                aid highway (other than a highway on the 
                Interstate System) and conversion of the 
                highway to a toll facility; and
                  [(E) preliminary studies to determine the 
                feasibility of a toll facility for which 
                Federal participation is authorized under 
                subparagraph (A), (B), (C), or (D);
        on the same basis and in the same manner as in the 
        construction of free highways under this chapter.
          [(2) Ownership.--Each highway, bridge, tunnel, or 
        approach thereto constructed under this subsection 
        must--
                  [(A) be publicly owned, or
                  [(B) be privately owned if the public 
                authority having jurisdiction over the highway, 
                bridge, tunnel, or approach has entered into a 
                contract with a private person or persons to 
                design, finance, construct, and operate the 
                facility and the public authority will be 
                responsible for complying with all applicable 
                requirements of this title with respect to the 
                facility.
          [(3) Limitations on use of revenues.--Before the 
        Secretary may permit Federal participation under this 
        subsection in construction of a highway, bridge, or 
        tunnel located in a State, the public authority 
        (including the State transportation department) having 
        jurisdiction over the highway, bridge, or tunnel must 
        enter into an agreement with the Secretary which 
        provides that all toll revenues received from operation 
        of the toll facility will be used first for debt 
        service, for reasonable return on investment of any 
        private person financing the project, and for the costs 
        necessary for the proper operation and maintenance of 
        the toll facility, including reconstruction, 
        resurfacing, restoration, and rehabilitation. If the 
        State certifies annually that the tolled facility is 
        being adequately maintained, the State may use any toll 
        revenues in excess of amounts required under the 
        preceding sentence for any purpose for which Federal 
        funds may be obligated by a State under this title.
          [(4) Special rule for funding.--In the case of a toll 
        highway, bridge, or tunnel under the jurisdiction of a 
        public authority of a State (other than the State 
        transportation department), upon request of the State 
        transportation department and subject to such terms and 
        conditions as such department and public authority may 
        agree, the Secretary shall reimburse such public 
        authority for the Federal share of the costs of 
        construction of the project carried out on the toll 
        facility under this subsection in the same manner and 
        to the same extent as such department would be 
        reimbursed if such project was being carried out by 
        such department. The reimbursement of funds under this 
        paragraph shall be from sums apportioned to the State 
        under this chapter and available for obligations on 
        projects on the Federal-aid system in such State on 
        which the project is being carried out.
          [(5) Limitation on federal share.--The Federal share 
        payable for a project described in paragraph (1) shall 
        be a percentage determined by the State but not to 
        exceed 80 percent.
          [(6) Modifications.--If a public authority (including 
        a State transportation department) having jurisdiction 
        over a toll highway, bridge, or tunnel subject to an 
        agreement under this section or section 119(e), as in 
        effect on the day before the effective date of title I 
        of the Intermodal Surface Transportation Efficiency Act 
        of 1991, requests modification of such agreement, the 
        Secretary shall modify such agreement to allow the 
        continuation of tolls in accordance with paragraph (3) 
        without repayment of Federal funds.
          [(7) Loans.--
                  [(A) In general.--A State may loan to a 
                public or private entity constructing or 
                proposing to construct under this section a 
                toll facility or non-toll facility with a 
                dedicated revenue source an amount equal to all 
                or part of the Federal share of the cost of the 
                project if the project has a revenue source 
                specifically dedicated to it. Dedicated revenue 
                sources for non-toll facilities include excise 
                taxes, sales taxes, motor vehicle use fees, tax 
                on real property, tax increment financing, and 
                such other dedicated revenue sources as the 
                Secretary determines appropriate.
                  [(B) Compliance with federal laws.--As a 
                condition of receiving a loan under this 
                paragraph, the public or private entity that 
                receives the loan shall ensure that the project 
                will be carried out in accordance with this 
                title and any other applicable Federal law, 
                including any applicable provision of a Federal 
                environmental law.
                  [(C) Subordination of debt.--The amount of 
                any loan received for a project under this 
                paragraph may be subordinated to any other debt 
                financing for the project.
                  [(D) Obligation of funds loaned.--Funds 
                loaned under this paragraph may only be 
                obligated for projects under this paragraph.
                  [(E) Repayment.--The repayment of a loan made 
                under this paragraph shall commence not later 
                than 5 years after date on which the facility 
                that is the subject of the loan is open to 
                traffic.
                  [(F) Term of loan.--The term of a loan made 
                under this paragraph shall not exceed 30 years 
                from the date on which the loan funds are 
                obligated.
                  [(G) Interest.--A loan made under this 
                paragraph shall bear interest at or below 
                market interest rates, as determined by the 
                State, to make the project that is the subject 
                of the loan feasible.
                  [(H) Reuse of funds.--Amounts repaid to a 
                State from a loan made under this paragraph may 
                be obligated--
                          [(i) for any purpose for which the 
                        loan funds were available under this 
                        title; and
                          [(ii) for the purchase of insurance 
                        or for use as a capital reserve for 
                        other forms of credit enhancement for 
                        project debt in order to improve credit 
                        market access or to lower interest 
                        rates for projects eligible for 
                        assistance under this title.
                  [(I) Guidelines.--The Secretary shall 
                establish procedures and guidelines for making 
                loans under this paragraph.
          [(8) Initial construction defined.--For purposes of 
        this subsection, the term ``initial construction'' 
        means the construction of a highway, bridge, or tunnel 
        at any time before it is open to traffic and does not 
        include any improvement to a highway, bridge, or tunnel 
        after it is open to traffic.]
  (a) Basic Program.--
          (1) Authorization for federal participation.--Subject 
        to the provisions of this section, Federal 
        participation shall be permitted on the same basis and 
        in the same manner as construction of toll-free 
        highways is permitted under this chapter in the--
                  (A) initial construction of a toll highway, 
                bridge, or tunnel or approach thereto;
                  (B) initial construction of one or more lanes 
                or other improvements that increase capacity of 
                a highway, bridge, or tunnel (other than a 
                highway on the Interstate System) and 
                conversion of that highway, bridge, or tunnel 
                to a tolled facility;
                  (C) initial construction of one or more lanes 
                or other improvements that increase the 
                capacity of a highway, bridge, or tunnel on the 
                Interstate System and conversion of that 
                highway, bridge, or tunnel to a tolled 
                facility, if the number of toll-free non-HOV 
                lanes, excluding auxiliary lanes, after such 
                construction is not less than the number of 
                toll-free non-HOV lanes, excluding auxiliary 
                lanes, before such construction;
                  (D) reconstruction, resurfacing, restoration, 
                rehabilitation, or replacement of a toll 
                highway, bridge, or tunnel or approach thereto;
                  (E) reconstruction or replacement of a toll-
                free bridge or tunnel and conversion of the 
                bridge or tunnel to a toll facility;
                  (F) reconstruction, restoration, or 
                rehabilitation of a toll-free Federal-aid 
                highway (other than a highway on the Interstate 
                System) and conversion of the highway to a toll 
                facility;
                  (G) reconstruction, restoration, or 
                rehabilitation of a highway on the Interstate 
                System if the number of toll-free non-HOV 
                lanes, excluding auxiliary lanes, after 
                reconstruction, restoration, or rehabilitation 
                is not less than the number of toll-free non-
                HOV lanes, excluding auxiliary lanes, before 
                reconstruction, restoration or rehabilitation;
                  (H) conversion of a high occupancy vehicle 
                lane on a highway, bridge, or tunnel to a toll 
                facility; and
                  (I) preliminary studies to determine the 
                feasibility of a toll facility for which 
                Federal participation is authorized under this 
                paragraph.
          (2) Ownership.--Each highway, bridge, tunnel, or 
        approach thereto constructed under this subsection 
        must--
                  (A) be publicly owned; or
                  (B) be privately owned if the public 
                authority with jurisdiction over the highway, 
                bridge, tunnel, or approach has entered into a 
                contract with a private person or persons to 
                design, finance, construct, and operate the 
                facility and the public authority will be 
                responsible for complying with all applicable 
                requirements of this title with respect to the 
                facility.
          (3) Limitations on use of revenues.--
                  (A) In general.--A public authority with 
                jurisdiction over a toll facility shall use all 
                toll revenues received from operation of the 
                toll facility only for--
                          (i) debt service with respect to the 
                        projects on or for which the tolls are 
                        authorized, including funding of 
                        reasonable reserves and debt service on 
                        refinancing;
                          (ii) reasonable return on investment 
                        of any private person financing the 
                        project, as determined by the State or 
                        interstate compact of States concerned;
                          (iii) any costs necessary for the 
                        improvement and proper operation and 
                        maintenance of the toll facility, 
                        including reconstruction, resurfacing, 
                        restoration, and rehabilitation;
                          (iv) if the toll facility is subject 
                        to a public-private partnership 
                        agreement, payments that the party 
                        holding the right to toll revenues owes 
                        to the other party under the public-
                        private partnership agreement; and
                          (v) if the public authority certifies 
                        annually that the tolled facility is 
                        being adequately maintained, the public 
                        authority may use toll revenues for any 
                        other purpose for which Federal funds 
                        may be obligated by a State under this 
                        title.
                  (B) Annual audit.--A public authority with 
                jurisdiction over a toll facility shall conduct 
                or have an independent auditor conduct an 
                annual audit of toll facility records to verify 
                adequate maintenance and compliance with 
                subparagraph (A), and report the results of 
                such audits to the Secretary. Upon reasonable 
                notice, the public authority shall make all 
                records of the public authority pertaining to 
                the toll facility available for audit by the 
                Secretary.
                  (C) Noncompliance.--If the Secretary 
                concludes that a public authority has not 
                complied with the limitations on the use of 
                revenues described in subparagraph (A), the 
                Secretary may require the public authority to 
                discontinue collecting tolls until an agreement 
                with the Secretary is reached to achieve 
                compliance with the limitation on the use of 
                revenues described in subparagraph (A).
          (4) Limitations on conversion of high occupancy 
        vehicle facilities on interstate system.--
                  (A) In general.--A public authority with 
                jurisdiction over a high occupancy vehicle 
                facility on the Interstate System may undertake 
                reconstruction, restoration, or rehabilitation 
                under subsection (a)(1)(G) on the facility, and 
                may levy tolls on vehicles, excluding high 
                occupancy vehicles, using the reconstructed, 
                restored, or rehabilitated facility, if the 
                public authority--
                          (i) in the case of a high occupancy 
                        vehicle facility that affects a 
                        metropolitan area, submits to the 
                        Secretary a written assurance that the 
                        metropolitan planning organization 
                        designated under section 5203 of title 
                        49 for the area has been consulted 
                        concerning the placement and amount of 
                        tolls on the converted facility;
                          (ii) develops, manages, and maintains 
                        a system that will automatically 
                        collect the toll; and
                          (iii) establishes policies and 
                        procedures to--
                                  (I) manage the demand to use 
                                the facility by varying the 
                                toll amount that is charged; 
                                and
                                  (II) enforce sanctions for 
                                violations of use of the 
                                facility.
                  (B) Exemption from tolls.--In levying tolls 
                on a facility under subparagraph (A), a public 
                authority may designate classes of vehicles 
                that are exempt from the tolls or charge 
                different toll rates for different classes of 
                vehicles.
          (5) Special rule for funding.--In the case of a toll 
        facility under the jurisdiction of a public authority 
        of a State (other than the State transportation 
        department), upon request of the State transportation 
        department and subject to such terms and conditions as 
        such department and public authority may agree, the 
        Secretary, working through the State department of 
        transportation, shall reimburse such public authority 
        for the Federal share of the costs of construction of 
        the project carried out on the toll facility under this 
        subsection in the same manner and to the same extent as 
        such department would be reimbursed if such project was 
        being carried out by such department. The reimbursement 
        of funds under this paragraph shall be from sums 
        apportioned to the State under this chapter and 
        available for obligations on projects on the Federal-
        aid system in such State on which the project is being 
        carried out.
          (6) Limitation on federal share.--The Federal share 
        payable for a project described in paragraph (1) shall 
        be a percentage determined by the State but not to 
        exceed 80 percent.
          (7) Modifications.--If a public authority (including 
        a State transportation department) with jurisdiction 
        over a toll facility subject to an agreement under this 
        section or section 119(e), as in effect on the day 
        before the effective date of title I of the Intermodal 
        Surface Transportation Efficiency Act of 1991, requests 
        modification of such agreement, the Secretary shall 
        modify such agreement to allow the continuation of 
        tolls in accordance with paragraph (3) without 
        repayment of Federal funds.
          (8) Loans.--
                  (A) In general.--Using amounts made available 
                under this title, a State may loan to a public 
                or private entity constructing or proposing to 
                construct under this section a toll facility or 
                non-toll facility with a dedicated revenue 
                source an amount equal to all or part of the 
                Federal share of the cost of the project if the 
                project has a revenue source specifically 
                dedicated to it. Dedicated revenue sources for 
                non-toll facilities include excise taxes, sales 
                taxes, motor vehicle use fees, tax on real 
                property, tax increment financing, and such 
                other dedicated revenue sources as the 
                Secretary determines appropriate.
                  (B) Compliance with federal laws.--As a 
                condition of receiving a loan under this 
                paragraph, the public or private entity that 
                receives the loan shall ensure that the project 
                will be carried out in accordance with this 
                title and any other applicable Federal law, 
                including any applicable provision of a Federal 
                environmental law.
                  (C) Subordination of debt.--The amount of any 
                loan received for a project under this 
                paragraph may be subordinated to any other debt 
                financing for the project.
                  (D) Obligation of funds loaned.--Funds loaned 
                under this paragraph may only be obligated for 
                projects under this paragraph.
                  (E) Repayment.--The repayment of a loan made 
                under this paragraph shall commence not later 
                than 5 years after date on which the facility 
                that is the subject of the loan is open to 
                traffic.
                  (F) Term of loan.--The term of a loan made 
                under this paragraph shall not exceed 30 years 
                from the date on which the loan funds are 
                obligated.
                  (G) Interest.--A loan made under this 
                paragraph shall bear interest at or below 
                market interest rates, as determined by the 
                State, to make the project that is the subject 
                of the loan feasible.
                  (H) Reuse of funds.--Amounts repaid to a 
                State from a loan made under this paragraph may 
                be obligated--
                          (i) for any purpose for which the 
                        loan funds were available under this 
                        title; and
                          (ii) for the purchase of insurance or 
                        for use as a capital reserve for other 
                        forms of credit enhancement for project 
                        debt in order to improve credit market 
                        access or to lower interest rates for 
                        projects eligible for assistance under 
                        this title.
                  (I) Guidelines.--The Secretary shall 
                establish procedures and guidelines for making 
                loans under this paragraph.
          (9) State law permitting tolling.--If a State does 
        not have a highway, bridge, or tunnel toll facility as 
        of the date of enactment of the American Energy and 
        Infrastructure Jobs Act of 2012, before commencing any 
        activity authorized under this section, the State must 
        have in effect a law that permits tolling on a highway, 
        bridge, or tunnel.
          (10) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) High occupancy vehicle; hov.--The term 
                ``high occupancy vehicle'' or ``HOV'' means a 
                vehicle with no fewer than 2 occupants.
                  (B) Initial construction.--The term ``initial 
                construction'' means the construction of a 
                highway, bridge, tunnel, or other facility at 
                any time before it is open to traffic and does 
                not include any improvement to a highway, 
                bridge, tunnel, or other facility after it is 
                open to traffic.
                  (C) Public authority.--The term ``public 
                authority'' means a State, interstate compact 
                of States, or public entity designated by a 
                State.
                  (D) Toll facility.--The term ``toll 
                facility'' means a toll highway, bridge, or 
                tunnel or approach thereto constructed under 
                this subsection.

           *       *       *       *       *       *       *

Sec. 130. Railway-highway crossings

  (a) * * *

           *       *       *       *       *       *       *

  (d) Survey and Schedule of Projects.--Each State shall 
conduct and systematically maintain a survey of all highways to 
identify those railroad crossings which may require separation, 
relocation, or protective devices, and establish and implement 
a schedule of projects for this purpose. At a minimum, such a 
schedule shall provide signs for all railway-highway crossings. 
Each State shall make the surveys conducted and schedules 
implemented under this subsection available to the public on an 
appropriate Internet Web site of the State.

           *       *       *       *       *       *       *

  (m) Railway-Highway Crossing Information.--
          (1) Priority lists and action plans.--
                  (A) In general.--Not later than 1 year after 
                the date of enactment of this subsection, each 
                State shall compile and submit to the Secretary 
                a report that includes--
                          (i) a list of the 10 railway-highway 
                        crossings in the State that have the 
                        greatest need for safety improvements;
                          (ii) an action plan that identifies 
                        projects and activities the State plans 
                        to carry out to improve safety at those 
                        railway-highway crossings; and
                          (iii) a list of projects and 
                        activities the State carried out to 
                        improve safety at those railway-highway 
                        crossings during the 2-year period 
                        ending on the date on which the report 
                        is submitted to the Secretary.
                  (B) Updates.--Each State shall update and 
                submit to the Secretary, at least once every 2 
                years, the report of that State under 
                subparagraph (A).
          (2) Publication of reports on u.s. dot web site.--The 
        Secretary shall make the reports submitted under 
        paragraph (1) available to the public on the Internet 
        Web site of the Department of Transportation.
          (3) Publication of reports on state web sites.--Each 
        State shall make the reports compiled under paragraph 
        (1) available to the public on an appropriate Internet 
        Web site of the State.
          (4) Limitation on use of data in judicial 
        proceedings.--Notwithstanding any other provision of 
        law, any report, review, survey, schedule, list, data, 
        information, or document of any kind compiled or 
        collected pursuant to this subsection, including for 
        the purpose of identifying, evaluating, or planning the 
        safety enhancement of a potential accident site or 
        railway-highway crossing pursuant to this section, 
        shall not be subject to discovery or admitted into 
        evidence in a Federal or State court proceeding or 
        considered for other purposes in any action for damages 
        arising from any occurrence at a location mentioned or 
        addressed in such report, review, survey, schedule, 
        list, data, information, or document.
          (5) Noncompliance.--If the Secretary determines that 
        a State is not in compliance with requirements under 
        this subsection, the Secretary may withhold funding 
        that would otherwise be apportioned to that State under 
        this section.

Sec. 131. Control of outdoor advertising

  (a) * * *

           *       *       *       *       *       *       *

  (i) In order to provide information in the specific interest 
of the traveling public, the State transportation departments 
are authorized to maintain maps and to permit information 
directories and advertising pamphlets to be made available at 
safety rest areas. Subject to the approval of the Secretary, a 
State may also establish information centers at safety rest 
areas and other travel information systems within the rights-
of-way for the purpose of informing the public of places of 
interest within the State and providing such other information 
as a State may consider desirable. The Federal share of the 
cost of establishing such an information center or travel 
information system shall be that which is provided in section 
120 for a highway project on that Federal-aid system to be 
served by such center or system. A State may permit the 
installation of signs that acknowledge the sponsorship of rest 
areas within such rest areas or along the main traveled way of 
the system, provided that such signs shall not affect the safe 
and efficient utilization of the Interstate System and the 
primary system. The Secretary shall establish criteria for the 
installation of such signs on the main traveled way, including 
criteria pertaining to the placement of rest area sponsorship 
acknowledgment signs in relation to the placement of advance 
guide signs for rest areas.

           *       *       *       *       *       *       *

Sec. 133. Surface transportation program

  (a) * * *
  (b) Eligible Projects.--A State may obligate funds 
apportioned to it under section 104(b)(3) for the surface 
transportation program only for the following:
          [(1) Construction, reconstruction, rehabilitation, 
        resurfacing, restoration, and operational improvements 
        for highways (including Interstate highways) and 
        bridges (including bridges on public roads of all 
        functional classifications), including any such 
        construction or reconstruction necessary to accommodate 
        other transportation modes, and including the seismic 
        retrofit and painting of and application of calcium 
        magnesium acetate, sodium acetate/formate, or other 
        environmentally acceptable, minimally corrosive anti-
        icing and de-icing compositions on bridges and 
        approaches thereto and other elevated structures, 
        mitigation of damage to wildlife, habitat, and 
        ecosystems caused by a transportation project funded 
        under this title.]
          (1) Construction, reconstruction, rehabilitation, 
        resurfacing, restoration, preservation, and operational 
        improvements for highways, including construction of 
        designated routes of the Appalachian Development 
        Highway System.
          (2) Replacement (including replacement with fill 
        material), rehabilitation, preservation, and protection 
        (including painting, scour countermeasures, seismic 
        retrofits, impact protection measures, security 
        countermeasures, and protection against extreme events) 
        for bridges and tunnels on public roads of all 
        functional classifications.
          (3) Construction of a new bridge or tunnel at a new 
        location on a Federal-aid highway.
          (4) Inspection and evaluation of bridges and tunnels 
        and training of bridge and tunnel inspectors (as 
        defined in section 151), and inspection and evaluation 
        of other highway assets (including signs, retaining 
        walls, and drainage structures).
          [(2)] (5) Capital costs for transit projects eligible 
        for assistance under chapter 53 of title 49, including 
        vehicles and facilities, whether publicly or privately 
        owned, that are used to provide intercity passenger 
        service by bus.
          [(3)] (6) Carpool projects, fringe and corridor 
        parking facilities and programs, bicycle transportation 
        and pedestrian walkways in accordance with section 217, 
        and the modification of public sidewalks to comply with 
        the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.).
          [(4)] (7) Highway and transit safety infrastructure 
        improvements and programs, hazard eliminations, 
        projects to mitigate hazards caused by wildlife, and 
        railway-highway grade crossings.
          [(5)] (8) Highway and transit research and 
        development and technology transfer programs.
          [(6)] (9) Capital and operating costs for traffic 
        monitoring, management, and control facilities and 
        programs, including advanced truck stop electrification 
        systems.
          [(7)] (10) Surface transportation planning programs.
          [(8)] (11) Transportation enhancement activities.
          [(9)] (12) Transportation control measures listed in 
        section 108(f)(1)(A) (other than clause (xvi)) of the 
        Clean Air Act (42 U.S.C. 7408(f)(1)(A)).
          [(10)] (13) Development and establishment of 
        management systems under section 303.
          [(11) In accordance with all applicable Federal law 
        and regulations, participation in natural habitat and 
        wetlands mitigation efforts related to projects funded 
        under this title, which may include participation in 
        natural habitat and wetlands mitigation banks; 
        contributions to statewide and regional efforts to 
        conserve, restore, enhance, and create natural habitats 
        and wetlands; and development of statewide and regional 
        natural habitat and wetlands conservation and 
        mitigation plans, including any such banks, efforts, 
        and plans authorized pursuant to the Water Resources 
        Development Act of 1990 (including crediting 
        provisions). Contributions to such mitigation efforts 
        may take place concurrent with or in advance of project 
        construction. Contributions toward these efforts may 
        occur in advance of project construction only if such 
        efforts are consistent with all applicable requirements 
        of Federal law and regulations and State transportation 
        planning processes. With respect to participation in a 
        natural habitat or wetland mitigation effort related to 
        a project funded under this title that has an impact 
        that occurs within the service area of a mitigation 
        bank, preference shall be given, to the maximum extent 
        practicable, to the use of the mitigation bank if the 
        bank contains sufficient available credits to offset 
        the impact and the bank is approved in accordance with 
        the Federal Guidance for the Establishment, Use and 
        Operation of Mitigation Banks (60 Fed. Reg. 58605 
        (November 28, 1995)) or other applicable Federal law 
        (including regulations).]
          (14) Environmental mitigation efforts relating to 
        projects funded under this title in the same manner and 
        to the same extent as such activities are eligible 
        under section 119(f).
          [(12)] (15) Projects relating to intersections that--
                  (A) * * *

           *       *       *       *       *       *       *

          [(13)] (16) Infrastructure-based intelligent 
        transportation systems capital improvements.
          [(14)] (17) Environmental restoration and pollution 
        abatement in accordance with section 328.
          [(15) Control of noxious weeds and aquatic noxious 
        weeds and establishment of native species in accordance 
        with section 329.]
  [(c) Location of Projects.--Except as provided in subsection 
(b)(1), surface transportation program projects (other than 
those described in subsections (b)(3) and (4)) may not be 
undertaken on roads functionally classified as local or rural 
minor collectors, unless such roads are on a Federal-aid 
highway system on January 1, 1991, and except as approved by 
the Secretary.]
  (c) Location of Projects.--Except for projects described in 
subsections (b)(2), (b)(6), and (b)(7), surface transportation 
program projects may not be undertaken on roads functionally 
classified as local or rural minor collectors unless the roads 
were on a Federal-aid highway system on January 1, 1991, and 
except as approved by the Secretary.
  (d) Allocations of Apportioned Funds.--
          (1) * * *
          [(2) For transportation enhancement activities.--In a 
        fiscal year, the greater of 10 percent of the funds 
        apportioned to a State under section 104(b)(3) for such 
        fiscal year, or the amount set aside under this 
        paragraph with respect to the State for fiscal year 
        2005, shall only be available for transportation 
        enhancement activities.]
          (3) Division between urbanized areas of over 200,000 
        population and other areas.--
                  (A) General rule.--Except as provided in 
                subparagraph (C), [62.5 percent of the 
                remaining 90 percent] 50 percent of the funds 
                apportioned to a State under section 104(b)(3) 
                for a fiscal year shall be obligated under this 
                section--
                          (i) * * *

           *       *       *       *       *       *       *

                in proportion to their relative share of the 
                State's population. The remaining [37.5 
                percent] 50 percent may be obligated in any 
                area of the State. Funds attributed to an 
                urbanized area under clause (i) may be 
                obligated in the metropolitan area established 
                under section 134 which encompasses the 
                urbanized area.

           *       *       *       *       *       *       *

                  (E) Consultation with rural planning 
                organizations.--For purposes of subparagraph 
                (A)(ii), before obligating funding attributed 
                to an area with a population greater than 5,000 
                and less than 200,000, a State shall consult 
                with the rural planning organizations that 
                represent the area, if any.

           *       *       *       *       *       *       *

          (5) Applicability of certain requirements to third 
        party sellers.--
                  (A) In general.--Except as provided in 
                subparagraphs (B) and (C), in the case of a 
                transportation enhancement activity [funded 
                from the allocation required under paragraph 
                (2)], if real property or an interest in real 
                property is to be acquired from a qualified 
                organization exclusively for conservation 
                purposes (as determined under section 170(h) of 
                the Internal Revenue Code of 1986), the 
                organization shall be considered to be the 
                owner of the property for the purpose of the 
                Uniform Relocation Assistance and Real Property 
                Acquisition Policies Act of 1970 (42 U.S.C. 
                4601 et seq.).

           *       *       *       *       *       *       *

  (e) Administration.--
          (1) * * *

           *       *       *       *       *       *       *

          [(3) Payments.--
                  [(A) In general.--Except as provided in 
                subparagraph (B), the Secretary shall make 
                payments to a State of costs incurred by the 
                State for the surface transportation program in 
                accordance with procedures to be established by 
                the Secretary.
                  [(B) Advance payment option for 
                transportation enhancement activities.--
                          [(i) In general.--The Secretary may 
                        advance funds to the State for 
                        transportation enhancement activities 
                        funded from the allocation required by 
                        subsection (d)(2) for a fiscal year.
                          [(ii) Limitation on amounts.--Amounts 
                        advanced under this subparagraph shall 
                        be limited to such amounts as are 
                        necessary to make prompt payments for 
                        project costs.
                          [(iii) Effect on other 
                        requirements.--This subparagraph shall 
                        not exempt a State from other 
                        requirements of this title relating to 
                        the surface transportation program.]
          (3) Payments.--The Secretary shall make payments to a 
        State of costs incurred by the State for the surface 
        transportation program in accordance with procedures to 
        be established by the Secretary.

           *       *       *       *       *       *       *

  (f) Obligation Authority.--
          (1) In general.--A State that is required to obligate 
        in an urbanized area with an urbanized area population 
        of over 200,000 individuals under subsection (d) funds 
        apportioned to the State under section 104(b)(3) shall 
        make available during the period of fiscal years [2004 
        through 2006] 2011 through 2013 and the period of 
        fiscal years [2007 through 2009] 2014 through 2016 an 
        amount of obligation authority distributed to the State 
        for Federal-aid highways and highway safety 
        construction programs for use in the area that is equal 
        to the amount obtained by multiplying--
                  (A) * * *

           *       *       *       *       *       *       *

[Sec. 134. Metropolitan transportation planning

  [(a) Policy.--It is in the national interest to--
          [(1) encourage and promote the safe and efficient 
        management, operation, and development of surface 
        transportation systems that will serve the mobility 
        needs of people and freight and foster economic growth 
        and development within and between States and urbanized 
        areas, while minimizing transportation-related fuel 
        consumption and air pollution through metropolitan and 
        statewide transportation planning processes identified 
        in this chapter; and
          [(2) encourage the continued improvement and 
        evolution of the metropolitan and statewide 
        transportation planning processes by metropolitan 
        planning organizations, State departments of 
        transportation, and public transit operators as guided 
        by the planning factors identified in subsection (h) 
        and section 135(d).
  [(b) Definitions.--In this section and section 135, the 
following definitions apply:
          [(1) Metropolitan planning area.--The term 
        ``metropolitan planning area'' means the geographic 
        area determined by agreement between the metropolitan 
        planning organization for the area and the Governor 
        under subsection (e).
          [(2) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' means the policy 
        board of an organization created as a result of the 
        designation process in subsection (d).
          [(3) Nonmetropolitan area.--The term 
        ``nonmetropolitan area'' means a geographic area 
        outside designated metropolitan planning areas.
          [(4) Nonmetropolitan local official.--The term 
        ``nonmetropolitan local official'' means elected and 
        appointed officials of general purpose local government 
        in a nonmetropolitan area with responsibility for 
        transportation.
          [(5) TIP.--The term ``TIP'' means a transportation 
        improvement program developed by a metropolitan 
        planning organization under subsection (j).
          [(6) Urbanized area.--The term ``urbanized area'' 
        means a geographic area with a population of 50,000 or 
        more, as designated by the Bureau of the Census.
  [(c) General Requirements.--
          [(1) Development of long-range plans and tips.--To 
        accomplish the objectives in subsection (a), 
        metropolitan planning organizations designated under 
        subsection (d), in cooperation with the State and 
        public transportation operators, shall develop long- 
        range transportation plans and transportation 
        improvement programs for metropolitan planning areas of 
        the State.
          [(2) Contents.--The plans and TIPs for each 
        metropolitan area shall provide for the development and 
        integrated management and operation of transportation 
        systems and facilities (including accessible pedestrian 
        walkways and bicycle transportation facilities) that 
        will function as an intermodal transportation system 
        for the metropolitan planning area and as an integral 
        part of an intermodal transportation system for the 
        State and the United States.
          [(3) Process of development.--The process for 
        developing the plans and TIPs shall provide for 
        consideration of all modes of transportation and shall 
        be continuing, cooperative, and comprehensive to the 
        degree appropriate, based on the complexity of the 
        transportation problems to be addressed.
  [(d) Designation of Metropolitan Planning Organizations.--
          [(1) In general.--To carry out the transportation 
        planning process required by this section, a 
        metropolitan planning organization shall be designated 
        for each urbanized area with a population of more than 
        50,000 individuals--
                  [(A) by agreement between the Governor and 
                units of general purpose local government that 
                together represent at least 75 percent of the 
                affected population (including the largest 
                incorporated city (based on population) as 
                named by the Bureau of the Census); or
                  [(B) in accordance with procedures 
                established by applicable State or local law.
          [(2) Structure.--Each metropolitan planning 
        organization that serves an area designated as a 
        transportation management area, when designated or 
        redesignated under this subsection, shall consist of--
                  [(A) local elected officials;
                  [(B) officials of public agencies that 
                administer or operate major modes of 
                transportation in the metropolitan area; and
                  [(C) appropriate State officials.
          [(3) Limitation on statutory construction.--Nothing 
        in this subsection shall be construed to interfere with 
        the authority, under any State law in effect on 
        December 18, 1991, of a public agency with multimodal 
        transportation responsibilities to--
                  [(A) develop the plans and TIPs for adoption 
                by a metropolitan planning organization; and
                  [(B) develop long-range capital plans, 
                coordinate transit services and projects, and 
                carry out other activities pursuant to State 
                law.
          [(4) Continuing designation.--A designation of a 
        metropolitan planning organization under this 
        subsection or any other provision of law shall remain 
        in effect until the metropolitan planning organization 
        is redesignated under paragraph (5).
          [(5) Redesignation procedures.--A metropolitan 
        planning organization may be redesignated by agreement 
        between the Governor and units of general purpose local 
        government that together represent at least 75 percent 
        of the existing planning area population (including the 
        largest incorporated city (based on population) as 
        named by the Bureau of the Census) as appropriate to 
        carry out this section.
          [(6) Designation of more than 1 metropolitan planning 
        organization.--More than 1 metropolitan planning 
        organization may be designated within an existing 
        metropolitan planning area only if the Governor and the 
        existing metropolitan planning organization determine 
        that the size and complexity of the existing 
        metropolitan planning area make designation of more 
        than 1 metropolitan planning organization for the area 
        appropriate.
  [(e) Metropolitan Planning Area Boundaries.--
          [(1) In general.--For the purposes of this section, 
        the boundaries of a metropolitan planning area shall be 
        determined by agreement between the metropolitan 
        planning organization and the Governor.
          [(2) Included area.--Each metropolitan planning 
        area--
                  [(A) shall encompass at least the existing 
                urbanized area and the contiguous area expected 
                to become urbanized within a 20-year forecast 
                period for the transportation plan; and
                  [(B) may encompass the entire metropolitan 
                statistical area or consolidated metropolitan 
                statistical area, as defined by the Bureau of 
                the Census.
          [(3) Identification of new urbanized areas within 
        existing planning area boundaries.--The designation by 
        the Bureau of the Census of new urbanized areas within 
        an existing metropolitan planning area shall not 
        require the redesignation of the existing metropolitan 
        planning organization.
          [(4) Existing metropolitan planning areas in 
        nonattainment.--Notwithstanding paragraph (2), in the 
        case of an urbanized area designated as a nonattainment 
        area for ozone or carbon monoxide under the Clean Air 
        Act (42 U.S.C. 7401 et seq.) as of the date of 
        enactment of the SAFETEA-LU, the boundaries of the 
        metropolitan planning area in existence as of such date 
        of enactment shall be retained; except that the 
        boundaries may be adjusted by agreement of the Governor 
        and affected metropolitan planning organizations in the 
        manner described in subsection (d)(5).
          [(5) New metropolitan planning areas in 
        nonattainment.--In the case of an urbanized area 
        designated after the date of enactment of the SAFETEA-
        LU, as a nonattainment area for ozone or carbon 
        monoxide, the boundaries of the metropolitan planning 
        area--
                  [(A) shall be established in the manner 
                described in subsection (d)(1);
                  [(B) shall encompass the areas described in 
                paragraph (2)(A);
                  [(C) may encompass the areas described in 
                paragraph (2)(B); and
                  [(D) may address any nonattainment area 
                identified under the Clean Air Act for ozone or 
                carbon monoxide.
  [(f) Coordination in Multistate Areas.--
          [(1) In general.--The Secretary shall encourage each 
        Governor with responsibility for a portion of a 
        multistate metropolitan area and the appropriate 
        metropolitan planning organizations to provide 
        coordinated transportation planning for the entire 
        metropolitan area.
          [(2) Interstate compacts.--The consent of Congress is 
        granted to any two or more States--
                  [(A) to enter into agreements or compacts, 
                not in conflict with any law of the United 
                States, for cooperative efforts and mutual 
                assistance in support of activities authorized 
                under this section as the activities pertain to 
                interstate areas and localities within the 
                States; and
                  [(B) to establish such agencies, joint or 
                otherwise, as the States may determine 
                desirable for making the agreements and 
                compacts effective.
          [(3) Lake Tahoe Region.--
                  [(A) Definition.--In this paragraph, the term 
                ``Lake Tahoe region'' has the meaning given the 
                term ``region'' in subdivision (a) of article 
                II of the Tahoe Regional Planning Compact, as 
                set forth in the first section of Public Law 
                96-551 (94 Stat. 3234).
                  [(B) Transportation planning process.--The 
                Secretary shall--
                          [(i) establish with the Federal land 
                        management agencies that have 
                        jurisdiction over land in the Lake 
                        Tahoe region a transportation planning 
                        process for the region; and
                          [(ii) coordinate the transportation 
                        planning process with the planning 
                        process required of State and local 
                        governments under this section and 
                        section 135.
                  [(C) Interstate compact.--
                          [(i) In general.--Subject to clause 
                        (ii), and notwithstanding subsection 
                        (b), to carry out the transportation 
                        planning process required by this 
                        section, the consent of Congress is 
                        granted to the States of California and 
                        Nevada to designate a metropolitan 
                        planning organization for the Lake 
                        Tahoe region, by agreement between the 
                        Governors of the States of California 
                        and Nevada and units of general purpose 
                        local government that together 
                        represent at least 75 percent of the 
                        affected population (including the 
                        central city or cities (as defined by 
                        the Bureau of the Census)), or in 
                        accordance with procedures established 
                        by applicable State or local law.
                          [(ii) Involvement of Federal land 
                        management agencies.--
                                  [(I) Representation.--The 
                                policy board of a metropolitan 
                                planning organization 
                                designated under clause (i) 
                                shall include a representative 
                                of each Federal land management 
                                agency that has jurisdiction 
                                over land in the Lake Tahoe 
                                region.
                                  [(II) Funding.--For fiscal 
                                year 2008 and each fiscal year 
                                thereafter, in addition to 
                                other funds made available to 
                                the metropolitan planning 
                                organization for the Lake Tahoe 
                                region under this title and 
                                chapter 53 of title 49, prior 
                                to any allocation under section 
                                202 of this title and 
                                notwithstanding the allocation 
                                provisions of section 202, the 
                                Secretary shall set aside \1/2\ 
                                of 1 percent of all funds 
                                authorized to be appropriated 
                                for such fiscal year to carry 
                                out section 204 and shall make 
                                such funds available to the 
                                metropolitan planning 
                                organization for the Lake Tahoe 
                                region to carry out the 
                                transportation planning 
                                process, environmental reviews, 
                                preliminary engineering, and 
                                design to complete 
                                environmental documentation for 
                                transportation projects for the 
                                Lake Tahoe region under the 
                                Tahoe Regional Planning Compact 
                                as consented to in Public Law 
                                96-551 (94 Stat. 3233) and this 
                                paragraph.
                  [(D) Activities.--Highway projects included 
                in transportation plans developed under this 
                paragraph--
                          [(i) shall be selected for funding in 
                        a manner that facilitates the 
                        participation of the Federal land 
                        management agencies that have 
                        jurisdiction over land in the Lake 
                        Tahoe region; and
                          [(ii) may, in accordance with chapter 
                        2, be funded using funds allocated 
                        under section 202.
          [(4) Reservation of rights.--The right to alter, 
        amend, or repeal interstate compacts entered into under 
        this subsection is expressly reserved.
  [(g) MPO Consultation in Plan and TIP Coordination.--
          [(1) Nonattainment areas.--If more than 1 
        metropolitan planning organization has authority within 
        a metropolitan area or an area which is designated as a 
        nonattainment area for ozone or carbon monoxide under 
        the Clean Air Act, each metropolitan planning 
        organization shall consult with the other metropolitan 
        planning organizations designated for such area and the 
        State in the coordination of plans and TIPs required by 
        this section.
          [(2) Transportation improvements located in multiple 
        MPOs.--If a transportation improvement, funded from the 
        Highway Trust Fund or authorized under chapter 53 of 
        title 49, is located within the boundaries of more than 
        1 metropolitan planning area, the metropolitan planning 
        organizations shall coordinate plans and TIPs regarding 
        the transportation improvement.
          [(3) Relationship with other planning officials.--The 
        Secretary shall encourage each metropolitan planning 
        organization to consult with officials responsible for 
        other types of planning activities that are affected by 
        transportation in the area (including State and local 
        planned growth, economic development, environmental 
        protection, airport operations, and freight movements) 
        or to coordinate its planning process, to the maximum 
        extent practicable, with such planning activities. 
        Under the metropolitan planning process, transportation 
        plans and TIPs shall be developed with due 
        consideration of other related planning activities 
        within the metropolitan area, and the process shall 
        provide for the design and delivery of transportation 
        services within the metropolitan area that are provided 
        by--
                  [(A) recipients of assistance under chapter 
                53 of title 49;
                  [(B) governmental agencies and nonprofit 
                organizations (including representatives of the 
                agencies and organizations) that receive 
                Federal assistance from a source other than the 
                Department of Transportation to provide 
                nonemergency transportation services; and
                  [(C) recipients of assistance under section 
                204.
  [(h) Scope of Planning Process.--
          [(1) In general.--The metropolitan planning process 
        for a metropolitan planning area under this section 
        shall provide for consideration of projects and 
        strategies that will--
                  [(A) support the economic vitality of the 
                metropolitan area, especially by enabling 
                global competitiveness, productivity, and 
                efficiency;
                  [(B) increase the safety of the 
                transportation system for motorized and 
                nonmotorized users;
                  [(C) increase the security of the 
                transportation system for motorized and 
                nonmotorized users;
                  [(D) increase the accessibility and mobility 
                of people and for freight;
                  [(E) protect and enhance the environment, 
                promote energy conservation, improve the 
                quality of life, and promote consistency 
                between transportation improvements and State 
                and local planned growth and economic 
                development patterns;
                  [(F) enhance the integration and connectivity 
                of the transportation system, across and 
                between modes, for people and freight;
                  [(G) promote efficient system management and 
                operation; and
                  [(H) emphasize the preservation of the 
                existing transportation system.
          [(2) Failure to consider factors.--The failure to 
        consider any factor specified in paragraph (1) shall 
        not be reviewable by any court under this title or 
        chapter 53 of title 49, subchapter II of chapter 5 of 
        title 5, or chapter 7 of title 5 in any matter 
        affecting a transportation plan, a TIP, a project or 
        strategy, or the certification of a planning process.
  [(i) Development of Transportation Plan.--
          [(1) In general.--Each metropolitan planning 
        organization shall prepare and update a transportation 
        plan for its metropolitan planning area in accordance 
        with the requirements of this subsection. The 
        metropolitan planning organization shall prepare and 
        update such plan every 4 years (or more frequently, if 
        the metropolitan planning organization elects to update 
        more frequently) in the case of each of the following:
                  [(A) Any area designated as nonattainment, as 
                defined in section 107(d) of the Clean Air Act 
                (42 U.S.C. 7407(d)).
                  [(B) Any area that was nonattainment and 
                subsequently designated to attainment in 
                accordance with section 107(d)(3) of that Act 
                (42 U.S.C. 7407(d)(3)) and that is subject to a 
                maintenance plan under section 175A of that Act 
                (42 U.S.C. 7505a).
        In the case of any other area required to have a 
        transportation plan in accordance with the requirements 
        of this subsection, the metropolitan planning 
        organization shall prepare and update such plan every 5 
        years unless the metropolitan planning organization 
        elects to update more frequently.
          [(2) Transportation plan.--A transportation plan 
        under this section shall be in a form that the 
        Secretary determines to be appropriate and shall 
        contain, at a minimum, the following:
                  [(A) Identification of transportation 
                facilities.--An identification of 
                transportation facilities (including major 
                roadways, transit, multimodal and intermodal 
                facilities, and intermodal connectors) that 
                should function as an integrated metropolitan 
                transportation system, giving emphasis to those 
                facilities that serve important national and 
                regional transportation functions. In 
                formulating the transportation plan, the 
                metropolitan planning organization shall 
                consider factors described in subsection (h) as 
                such factors relate to a 20-year forecast 
                period.
                  [(B) Mitigation activities.--
                          [(i) In general.--A long-range 
                        transportation plan shall include a 
                        discussion of types of potential 
                        environmental mitigation activities and 
                        potential areas to carry out these 
                        activities, including activities that 
                        may have the greatest potential to 
                        restore and maintain the environmental 
                        functions affected by the plan.
                          [(ii) Consultation.--The discussion 
                        shall be developed in consultation with 
                        Federal, State, and tribal wildlife, 
                        land management, and regulatory 
                        agencies.
                  [(C) Financial plan.--A financial plan that 
                demonstrates how the adopted transportation 
                plan can be implemented, indicates resources 
                from public and private sources that are 
                reasonably expected to be made available to 
                carry out the plan, and recommends any 
                additional financing strategies for needed 
                projects and programs. The financial plan may 
                include, for illustrative purposes, additional 
                projects that would be included in the adopted 
                transportation plan if reasonable additional 
                resources beyond those identified in the 
                financial plan were available. For the purpose 
                of developing the transportation plan, the 
                metropolitan planning organization, transit 
                operator, and State shall cooperatively develop 
                estimates of funds that will be available to 
                support plan implementation.
                  [(D) Operational and management strategies.--
                Operational and management strategies to 
                improve the performance of existing 
                transportation facilities to relieve vehicular 
                congestion and maximize the safety and mobility 
                of people and goods.
                  [(E) Capital investment and other 
                strategies.--Capital investment and other 
                strategies to preserve the existing and 
                projected future metropolitan transportation 
                infrastructure and provide for multimodal 
                capacity increases based on regional priorities 
                and needs.
                  [(F) Transportation and transit enhancement 
                activities.--Proposed transportation and 
                transit enhancement activities.
          [(3) Coordination with Clean Air Act agencies.--In 
        metropolitan areas which are in nonattainment for ozone 
        or carbon monoxide under the Clean Air Act, the 
        metropolitan planning organization shall coordinate the 
        development of a transportation plan with the process 
        for development of the transportation control measures 
        of the State implementation plan required by the Clean 
        Air Act.
          [(4) Consultation.--
                  [(A) In general.--In each metropolitan area, 
                the metropolitan planning organization shall 
                consult, as appropriate, with State and local 
                agencies responsible for land use management, 
                natural resources, environmental protection, 
                conservation, and historic preservation 
                concerning the development of a long-range 
                transportation plan.
                  [(B) Issues.--The consultation shall involve, 
                as appropriate--
                          [(i) comparison of transportation 
                        plans with State conservation plans or 
                        maps, if available; or
                          [(ii) comparison of transportation 
                        plans to inventories of natural or 
                        historic resources, if available.
          [(5) Participation by interested parties.--
                  [(A) In general.--Each metropolitan planning 
                organization shall provide citizens, affected 
                public agencies, representatives of public 
                transportation employees, freight shippers, 
                providers of freight transportation services, 
                private providers of transportation, 
                representatives of users of public 
                transportation, representatives of users of 
                pedestrian walkways and bicycle transportation 
                facilities, representatives of the disabled, 
                and other interested parties with a reasonable 
                opportunity to comment on the transportation 
                plan.
                  [(B) Contents of participation plan.--A 
                participation plan--
                          [(i) shall be developed in 
                        consultation with all interested 
                        parties; and
                          [(ii) shall provide that all 
                        interested parties have reasonable 
                        opportunities to comment on the 
                        contents of the transportation plan.
                  [(C) Methods.--In carrying out subparagraph 
                (A), the metropolitan planning organization 
                shall, to the maximum extent practicable--
                          [(i) hold any public meetings at 
                        convenient and accessible locations and 
                        times;
                          [(ii) employ visualization techniques 
                        to describe plans; and
                          [(iii) make public information 
                        available in electronically accessible 
                        format and means, such as the World 
                        Wide Web, as appropriate to afford 
                        reasonable opportunity for 
                        consideration of public information 
                        under subparagraph (A).
          [(6) Publication.--A transportation plan involving 
        Federal participation shall be published or otherwise 
        made readily available by the metropolitan planning 
        organization for public review, including (to the 
        maximum extent practicable) in electronically 
        accessible formats and means, such as the World Wide 
        Web, approved by the metropolitan planning organization 
        and submitted for information purposes to the Governor 
        at such times and in such manner as the Secretary shall 
        establish.
          [(7) Selection of projects from illustrative list.--
        Notwithstanding paragraph (2)(C), a State or 
        metropolitan planning organization shall not be 
        required to select any project from the illustrative 
        list of additional projects included in the financial 
        plan under paragraph (2)(C).
  [(j) Metropolitan TIP.--
          [(1) Development.--
                  [(A) In general.--In cooperation with the 
                State and any affected public transportation 
                operator, the metropolitan planning 
                organization designated for a metropolitan area 
                shall develop a TIP for the area for which the 
                organization is designated.
                  [(B) Opportunity for comment.--In developing 
                the TIP, the metropolitan planning 
                organization, in cooperation with the State and 
                any affected public transportation operator, 
                shall provide an opportunity for participation 
                by interested parties in the development of the 
                program, in accordance with subsection (i)(5).
                  [(C) Funding estimates.--For the purpose of 
                developing the TIP, the metropolitan planning 
                organization, public transportation agency, and 
                State shall cooperatively develop estimates of 
                funds that are reasonably expected to be 
                available to support program implementation.
                  [(D) Updating and approval.--The TIP shall be 
                updated at least once every 4 years and shall 
                be approved by the metropolitan planning 
                organization and the Governor.
          [(2) Contents.--
                  [(A) Priority list.--The TIP shall include a 
                priority list of proposed federally supported 
                projects and strategies to be carried out 
                within each 4-year period after the initial 
                adoption of the TIP.
                  [(B) Financial plan.--The TIP shall include a 
                financial plan that--
                          [(i) demonstrates how the TIP can be 
                        implemented;
                          [(ii) indicates resources from public 
                        and private sources that are reasonably 
                        expected to be available to carry out 
                        the program;
                          [(iii) identifies innovative 
                        financing techniques to finance 
                        projects, programs, and strategies; and
                          [(iv) may include, for illustrative 
                        purposes, additional projects that 
                        would be included in the approved TIP 
                        if reasonable additional resources 
                        beyond those identified in the 
                        financial plan were available.
                  [(C) Descriptions.--Each project in the TIP 
                shall include sufficient descriptive material 
                (such as type of work, termini, length, and 
                other similar factors) to identify the project 
                or phase of the project.
          [(3) Included projects.--
                  [(A) Projects under this title and chapter 53 
                of title 49.--A TIP developed under this 
                subsection for a metropolitan area shall 
                include the projects within the area that are 
                proposed for funding under chapter 1 of this 
                title and chapter 53 of title 49.
                  [(B) Projects under chapter 2.--
                          [(i) Regionally significant 
                        projects.--Regionally significant 
                        projects proposed for funding under 
                        chapter 2 shall be identified 
                        individually in the transportation 
                        improvement program.
                          [(ii) Other projects.--Projects 
                        proposed for funding under chapter 2 
                        that are not determined to be 
                        regionally significant shall be grouped 
                        in one line item or identified 
                        individually in the transportation 
                        improvement program.
                  [(C) Consistency with long-range 
                transportation plan.--Each project shall be 
                consistent with the long-range transportation 
                plan developed under subsection (i) for the 
                area.
                  [(D) Requirement of anticipated full 
                funding.--The program shall include a project, 
                or an identified phase of a project, only if 
                full funding can reasonably be anticipated to 
                be available for the project or the identified 
                phase within the time period contemplated for 
                completion of the project or the identified 
                phase.
          [(4) Notice and comment.--Before approving a TIP, a 
        metropolitan planning organization, in cooperation with 
        the State and any affected public transportation 
        operator, shall provide an opportunity for 
        participation by interested parties in the development 
        of the program, in accordance with subsection (i)(5).
          [(5) Selection of projects.--
                  [(A) In general.--Except as otherwise 
                provided in subsection (k)(4) and in addition 
                to the TIP development required under paragraph 
                (1), the selection of federally funded projects 
                in metropolitan areas shall be carried out, 
                from the approved TIP--
                          [(i) by--
                                  [(I) in the case of projects 
                                under this title, the State; 
                                and
                                  [(II) in the case of projects 
                                under chapter 53 of title 49, 
                                the designated recipients of 
                                public transportation funding; 
                                and
                          [(ii) in cooperation with the 
                        metropolitan planning organization.
                  [(B) Modifications to project priority.--
                Notwithstanding any other provision of law, 
                action by the Secretary shall not be required 
                to advance a project included in the approved 
                TIP in place of another project in the program.
          [(6) Selection of projects from illustrative list.--
                  [(A) No required selection.--Notwithstanding 
                paragraph (2)(B)(iv), a State or metropolitan 
                planning organization shall not be required to 
                select any project from the illustrative list 
                of additional projects included in the 
                financial plan under paragraph (2)(B)(iv).
                  [(B) Required action by the Secretary.--
                Action by the Secretary shall be required for a 
                State or metropolitan planning organization to 
                select any project from the illustrative list 
                of additional projects included in the 
                financial plan under paragraph (2)(B)(iv) for 
                inclusion in an approved TIP.
          [(7) Publication.--
                  [(A) Publication of TIPs.--A TIP involving 
                Federal participation shall be published or 
                otherwise made readily available by the 
                metropolitan planning organization for public 
                review.
                  [(B) Publication of annual listings of 
                projects.--An annual listing of projects, 
                including investments in pedestrian walkways 
                and bicycle transportation facilities, for 
                which Federal funds have been obligated in the 
                preceding year shall be published or otherwise 
                made available by the cooperative effort of the 
                State, transit operator, and metropolitan 
                planning organization for public review. The 
                listing shall be consistent with the categories 
                identified in the TIP.
  [(k) Transportation Management Areas.--
          [(1) Identification and designation.--
                  [(A) Required identification.--The Secretary 
                shall identify as a transportation management 
                area each urbanized area (as defined by the 
                Bureau of the Census) with a population of over 
                200,000 individuals.
                  [(B) Designations on request.--The Secretary 
                shall designate any additional area as a 
                transportation management area on the request 
                of the Governor and the metropolitan planning 
                organization designated for the area.
          [(2) Transportation plans.--In a transportation 
        management area, transportation plans shall be based on 
        a continuing and comprehensive transportation planning 
        process carried out by the metropolitan planning 
        organization in cooperation with the State and public 
        transportation operators.
          [(3) Congestion management process.--Within a 
        metropolitan planning area serving a transportation 
        management area, the transportation planning process 
        under this section shall address congestion management 
        through a process that provides for effective 
        management and operation, based on a cooperatively 
        developed and implemented metropolitan-wide strategy, 
        of new and existing transportation facilities eligible 
        for funding under this title and chapter 53 of title 49 
        through the use of travel demand reduction and 
        operational management strategies. The Secretary shall 
        establish an appropriate phase-in schedule for 
        compliance with the requirements of this section but no 
        sooner than 1 year after the identification of a 
        transportation management area.
          [(4) Selection of projects.--
                  [(A) In general.--All federally funded 
                projects carried out within the boundaries of a 
                metropolitan planning area serving a 
                transportation management area under this title 
                (excluding projects carried out on the National 
                Highway System and projects carried out under 
                the bridge program or the Interstate 
                maintenance program) or under chapter 53 of 
                title 49 shall be selected for implementation 
                from the approved TIP by the metropolitan 
                planning organization designated for the area 
                in consultation with the State and any affected 
                public transportation operator.
                  [(B) National Highway System projects.--
                Projects carried out within the boundaries of a 
                metropolitan planning area serving a 
                transportation management area on the National 
                Highway System and projects carried out within 
                such boundaries under the bridge program or the 
                Interstate maintenance program under this title 
                shall be selected for implementation from the 
                approved TIP by the State in cooperation with 
                the metropolitan planning organization 
                designated for the area.
          [(5) Certification.--
                  [(A) In general.--The Secretary shall--
                          [(i) ensure that the metropolitan 
                        planning process of a metropolitan 
                        planning organization serving a 
                        transportation management area is being 
                        carried out in accordance with 
                        applicable provisions of Federal law; 
                        and
                          [(ii) subject to subparagraph (B), 
                        certify, not less often than once every 
                        4 years, that the requirements of this 
                        paragraph are met with respect to the 
                        metropolitan planning process.
                  [(B) Requirements for certification.--The 
                Secretary may make the certification under 
                subparagraph (A) if--
                          [(i) the transportation planning 
                        process complies with the requirements 
                        of this section and other applicable 
                        requirements of Federal law; and
                          [(ii) there is a TIP for the 
                        metropolitan planning area that has 
                        been approved by the metropolitan 
                        planning organization and the Governor.
                  [(C) Effect of failure to certify.--
                          [(i) Withholding of project funds.--
                        If a metropolitan planning process of a 
                        metropolitan planning organization 
                        serving a transportation management 
                        area is not certified, the Secretary 
                        may withhold up to 20 percent of the 
                        funds attributable to the metropolitan 
                        planning area of the metropolitan 
                        planning organization for projects 
                        funded under this title and chapter 53 
                        of title 49.
                          [(ii) Restoration of withheld 
                        funds.--The withheld funds shall be 
                        restored to the metropolitan planning 
                        area at such time as the metropolitan 
                        planning process is certified by the 
                        Secretary.
                  [(D) Review of certification.--In making 
                certification determinations under this 
                paragraph, the Secretary shall provide for 
                public involvement appropriate to the 
                metropolitan area under review.
  [(l) Abbreviated Plans for Certain Areas.--
          [(1) In general.--Subject to paragraph (2), in the 
        case of a metropolitan area not designated as a 
        transportation management area under this section, the 
        Secretary may provide for the development of an 
        abbreviated transportation plan and TIP for the 
        metropolitan planning area that the Secretary 
        determines is appropriate to achieve the purposes of 
        this section, taking into account the complexity of 
        transportation problems in the area.
          [(2) Nonattainment areas.--The Secretary may not 
        permit abbreviated plans or TIPs for a metropolitan 
        area that is in nonattainment for ozone or carbon 
        monoxide under the Clean Air Act.
  [(m) Additional Requirements for Certain Nonattainment 
Areas.--
          [(1) In general.--Notwithstanding any other 
        provisions of this title or chapter 53 of title 49, for 
        transportation management areas classified as 
        nonattainment for ozone or carbon monoxide pursuant to 
        the Clean Air Act, Federal funds may not be advanced in 
        such area for any highway project that will result in a 
        significant increase in the carrying capacity for 
        single-occupant vehicles unless the project is 
        addressed through a congestion management process.
          [(2) Applicability.--This subsection applies to a 
        nonattainment area within the metropolitan planning 
        area boundaries determined under subsection (e).
  [(n) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to confer on a metropolitan planning 
organization the authority to impose legal requirements on any 
transportation facility, provider, or project not eligible 
under this title or chapter 53 of title 49.
  [(o) Funding.--Funds set aside under section 104(f) of this 
title or section 5305(g) of title 49 shall be available to 
carry out this section.
  [(p) Continuation of Current Review Practice.--Since plans 
and TIPs described in this section are subject to a reasonable 
opportunity for public comment, since individual projects 
included in plans and TIPs are subject to review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), and since decisions by the Secretary concerning plans 
and TIPs described in this section have not been reviewed under 
such Act as of January 1, 1997, any decision by the Secretary 
concerning a plan or TIP described in this section shall not be 
considered to be a Federal action subject to review under such 
Act.

[Sec. 135. Statewide transportation planning

  [(a) General Requirements.--
          [(1) Development of plans and programs.--To 
        accomplish the objectives stated in section 134(a), 
        each State shall develop a statewide transportation 
        plan and a statewide transportation improvement program 
        for all areas of the State, subject to section 134.
          [(2) Contents.--The statewide transportation plan and 
        the transportation improvement program developed for 
        each State shall provide for the development and 
        integrated management and operation of transportation 
        systems and facilities (including accessible pedestrian 
        walkways and bicycle transportation facilities) that 
        will function as an intermodal transportation system 
        for the State and an integral part of an intermodal 
        transportation system for the United States.
          [(3) Process of development.--The process for 
        developing the statewide plan and the transportation 
        improvement program shall provide for consideration of 
        all modes of transportation and the policies stated in 
        section 134(a), and shall be continuing, cooperative, 
        and comprehensive to the degree appropriate, based on 
        the complexity of the transportation problems to be 
        addressed.
  [(b) Coordination With Metropolitan Planning; State 
Implementation Plan.--A State shall--
          [(1) coordinate planning carried out under this 
        section with the transportation planning activities 
        carried out under section 134 for metropolitan areas of 
        the State and with statewide trade and economic 
        development planning activities and related multistate 
        planning efforts; and
          [(2) develop the transportation portion of the State 
        implementation plan as required by the Clean Air Act 
        (42 U.S.C. 7401 et seq.).
  [(c) Interstate Agreements.--
          [(1) In general.--The consent of Congress is granted 
        to two or more States entering into agreements or 
        compacts, not in conflict with any law of the United 
        States, for cooperative efforts and mutual assistance 
        in support of activities authorized under this section 
        related to interstate areas and localities in the 
        States and establishing authorities the States consider 
        desirable for making the agreements and compacts 
        effective.
          [(2) Reservation of rights.--The right to alter, 
        amend, or repeal interstate compacts entered into under 
        this subsection is expressly reserved.
  [(d) Scope of Planning Process.--
          [(1) In general.--Each State shall carry out a 
        statewide transportation planning process that provides 
        for consideration and implementation of projects, 
        strategies, and services that will--
                  [(A) support the economic vitality of the 
                United States, the States, nonmetropolitan 
                areas, and metropolitan areas, especially by 
                enabling global competitiveness, productivity, 
                and efficiency;
                  [(B) increase the safety of the 
                transportation system for motorized and 
                nonmotorized users;
                  [(C) increase the security of the 
                transportation system for motorized and 
                nonmotorized users;
                  [(D) increase the accessibility and mobility 
                of people and freight;
                  [(E) protect and enhance the environment, 
                promote energy conservation, improve the 
                quality of life, and promote consistency 
                between transportation improvements and State 
                and local planned growth and economic 
                development patterns;
                  [(F) enhance the integration and connectivity 
                of the transportation system, across and 
                between modes throughout the State, for people 
                and freight;
                  [(G) promote efficient system management and 
                operation; and
                  [(H) emphasize the preservation of the 
                existing transportation system.
          [(2) Failure to consider factors.--The failure to 
        consider any factor specified in paragraph (1) shall 
        not be reviewable by any court under this title or 
        chapter 53 of title 49, subchapter II of chapter 5 of 
        title 5, or chapter 7 of title 5 in any matter 
        affecting a statewide transportation plan, the 
        transportation improvement program, a project or 
        strategy, or the certification of a planning process.
  [(e) Additional Requirements.--In carrying out planning under 
this section, each State shall consider, at a minimum--
          [(1) with respect to nonmetropolitan areas, the 
        concerns of affected local officials with 
        responsibility for transportation;
          [(2) the concerns of Indian tribal governments and 
        Federal land management agencies that have jurisdiction 
        over land within the boundaries of the State; and
          [(3) coordination of transportation plans, the 
        transportation improvement program, and planning 
        activities with related planning activities being 
        carried out outside of metropolitan planning areas and 
        between States.
  [(f) Long-Range Statewide Transportation Plan.--
          [(1) Development.--Each State shall develop a long-
        range statewide transportation plan, with a minimum 20-
        year forecast period for all areas of the State, that 
        provides for the development and implementation of the 
        intermodal transportation system of the State.
          [(2) Consultation with governments.--
                  [(A) Metropolitan areas.--The statewide 
                transportation plan shall be developed for each 
                metropolitan area in the State in cooperation 
                with the metropolitan planning organization 
                designated for the metropolitan area under 
                section 134.
                  [(B) Nonmetropolitan areas.--With respect to 
                nonmetropolitan areas, the statewide 
                transportation plan shall be developed in 
                consultation with affected nonmetropolitan 
                officials with responsibility for 
                transportation. The Secretary shall not review 
                or approve the consultation process in each 
                State.
                  [(C) Indian tribal areas.--With respect to 
                each area of the State under the jurisdiction 
                of an Indian tribal government, the statewide 
                transportation plan shall be developed in 
                consultation with the tribal government and the 
                Secretary of the Interior.
                  [(D) Consultation, comparison, and 
                consideration.--
                          [(i) In general.--The long-range 
                        transportation plan shall be developed, 
                        as appropriate, in consultation with 
                        State, tribal, and local agencies 
                        responsible for land use management, 
                        natural resources, environmental 
                        protection, conservation, and historic 
                        preservation.
                          [(ii) Comparison and consideration.--
                        Consultation under clause (i) shall 
                        involve comparison of transportation 
                        plans to State and tribal conservation 
                        plans or maps, if available, and 
                        comparison of transportation plans to 
                        inventories of natural or historic 
                        resources, if available.
          [(3) Participation by interested parties.--
                  [(A) In general.--In developing the statewide 
                transportation plan, the State shall provide 
                citizens, affected public agencies, 
                representatives of public transportation 
                employees, freight shippers, private providers 
                of transportation, representatives of users of 
                public transportation, representatives of users 
                of pedestrian walkways and bicycle 
                transportation facilities, representatives of 
                the disabled, providers of freight 
                transportation services, and other interested 
                parties with a reasonable opportunity to 
                comment on the proposed plan.
                  [(B) Methods.--In carrying out subparagraph 
                (A), the State shall, to the maximum extent 
                practicable--
                          [(i) hold any public meetings at 
                        convenient and accessible locations and 
                        times;
                          [(ii) employ visualization techniques 
                        to describe plans; and
                          [(iii) make public information 
                        available in electronically accessible 
                        format and means, such as the World 
                        Wide Web, as appropriate to afford 
                        reasonable opportunity for 
                        consideration of public information 
                        under subparagraph (A).
          [(4) Mitigation activities.--
                  [(A) In general.--A long-range transportation 
                plan shall include a discussion of potential 
                environmental mitigation activities and 
                potential areas to carry out these activities, 
                including activities that may have the greatest 
                potential to restore and maintain the 
                environmental functions affected by the plan.
                  [(B) Consultation.--The discussion shall be 
                developed in consultation with Federal, State, 
                and tribal wildlife, land management, and 
                regulatory agencies.
          [(5) Financial plan.--The statewide transportation 
        plan may include a financial plan that demonstrates how 
        the adopted statewide transportation plan can be 
        implemented, indicates resources from public and 
        private sources that are reasonably expected to be made 
        available to carry out the plan, and recommends any 
        additional financing strategies for needed projects and 
        programs. The financial plan may include, for 
        illustrative purposes, additional projects that would 
        be included in the adopted statewide transportation 
        plan if reasonable additional resources beyond those 
        identified in the financial plan were available.
          [(6) Selection of projects from illustrative list.--A 
        State shall not be required to select any project from 
        the illustrative list of additional projects included 
        in the financial plan described in paragraph (5).
          [(7) Existing system.--The statewide transportation 
        plan should include capital, operations and management 
        strategies, investments, procedures, and other measures 
        to ensure the preservation and most efficient use of 
        the existing transportation system.
          [(8) Publication of long-range transportation 
        plans.--Each long-range transportation plan prepared by 
        a State shall be published or otherwise made available, 
        including (to the maximum extent practicable) in 
        electronically accessible formats and means, such as 
        the World Wide Web.
  [(g) Statewide Transportation Improvement Program.--
          [(1) Development.--Each State shall develop a 
        statewide transportation improvement program for all 
        areas of the State. Such program shall cover a period 
        of 4 years and be updated every 4 years or more 
        frequently if the Governor elects to update more 
        frequently.
          [(2) Consultation with governments.--
                  [(A) Metropolitan areas.--With respect to 
                each metropolitan area in the State, the 
                program shall be developed in cooperation with 
                the metropolitan planning organization 
                designated for the metropolitan area under 
                section 134.
                  [(B) Nonmetropolitan areas.--With respect to 
                each nonmetropolitan area in the State, the 
                program shall be developed in consultation with 
                affected nonmetropolitan local officials with 
                responsibility for transportation. The 
                Secretary shall not review or approve the 
                specific consultation process in the State.
                  [(C) Indian tribal areas.--With respect to 
                each area of the State under the jurisdiction 
                of an Indian tribal government, the program 
                shall be developed in consultation with the 
                tribal government and the Secretary of the 
                Interior.
          [(3) Participation by interested parties.--In 
        developing the program, the State shall provide 
        citizens, affected public agencies, representatives of 
        public transportation employees, freight shippers, 
        private providers of transportation, providers of 
        freight transportation services, representatives of 
        users of public transportation, representatives of 
        users of pedestrian walkways and bicycle transportation 
        facilities, representatives of the disabled, and other 
        interested parties with a reasonable opportunity to 
        comment on the proposed program.
          [(4) Included projects.--
                  [(A) In general.--A transportation 
                improvement program developed under this 
                subsection for a State shall include federally 
                supported surface transportation expenditures 
                within the boundaries of the State.
                  [(B) Listing of projects.--An annual listing 
                of projects for which funds have been obligated 
                in the preceding year in each metropolitan 
                planning area shall be published or otherwise 
                made available by the cooperative effort of the 
                State, transit operator, and the metropolitan 
                planning organization for public review. The 
                listing shall be consistent with the funding 
                categories identified in each metropolitan 
                transportation improvement program.
                  [(C) Projects under chapter 2.--
                          [(i) Regionally significant 
                        projects.--Regionally significant 
                        projects proposed for funding under 
                        chapter 2 shall be identified 
                        individually in the transportation 
                        improvement program.
                          [(ii) Other projects.--Projects 
                        proposed for funding under chapter 2 
                        that are not determined to be 
                        regionally significant shall be grouped 
                        in one line item or identified 
                        individually in the transportation 
                        improvement program.
                  [(D) Consistency with statewide 
                transportation plan.--Each project shall be--
                          [(i) consistent with the statewide 
                        transportation plan developed under 
                        this section for the State;
                          [(ii) identical to the project or 
                        phase of the project as described in an 
                        approved metropolitan transportation 
                        plan; and
                          [(iii) in conformance with the 
                        applicable State air quality 
                        implementation plan developed under the 
                        Clean Air Act, if the project is 
                        carried out in an area designated as 
                        nonattainment for ozone, particulate 
                        matter, or carbon monoxide under such 
                        Act.
                  [(E) Requirement of anticipated full 
                funding.--The transportation improvement 
                program shall include a project, or an 
                identified phase of a project, only if full 
                funding can reasonably be anticipated to be 
                available for the project within the time 
                period contemplated for completion of the 
                project.
                  [(F) Financial plan.--The transportation 
                improvement program may include a financial 
                plan that demonstrates how the approved 
                transportation improvement program can be 
                implemented, indicates resources from public 
                and private sources that are reasonably 
                expected to be made available to carry out the 
                transportation improvement program, and 
                recommends any additional financing strategies 
                for needed projects and programs. The financial 
                plan may include, for illustrative purposes, 
                additional projects that would be included in 
                the adopted transportation plan if reasonable 
                additional resources beyond those identified in 
                the financial plan were available.
                  [(G) Selection of projects from illustrative 
                list.--
                          [(i) No required selection.--
                        Notwithstanding subparagraph (F), a 
                        State shall not be required to select 
                        any project from the illustrative list 
                        of additional projects included in the 
                        financial plan under subparagraph (F).
                          [(ii) Required action by the 
                        Secretary.--Action by the Secretary 
                        shall be required for a State to select 
                        any project from the illustrative list 
                        of additional projects included in the 
                        financial plan under subparagraph (F) 
                        for inclusion in an approved 
                        transportation improvement program.
                  [(H) Priorities.--The transportation 
                improvement program shall reflect the 
                priorities for programming and expenditures of 
                funds, including transportation enhancement 
                activities, required by this title and chapter 
                53 of title 49.
          [(5) Project selection for areas of less than 50,000 
        population.--Projects carried out in areas with 
        populations of less than 50,000 individuals shall be 
        selected, from the approved transportation improvement 
        program (excluding projects carried out on the National 
        Highway System and projects carried out under the 
        bridge program or the Interstate maintenance program 
        under this title or under sections 5310, 5311, 5316, 
        and 5317 of title 49), by the State in cooperation with 
        the affected nonmetropolitan local officials with 
        responsibility for transportation. Projects carried out 
        in areas with populations of less than 50,000 
        individuals on the National Highway System or under the 
        bridge program or the Interstate maintenance program 
        under this title or under sections 5310, 5311, 5316, 
        and 5317 of title 49 shall be selected, from the 
        approved statewide transportation improvement program, 
        by the State in consultation with the affected 
        nonmetropolitan local officials with responsibility for 
        transportation.
          [(6) Transportation improvement program approval.--
        Every 4 years, a transportation improvement program 
        developed under this subsection shall be reviewed and 
        approved by the Secretary if based on a current 
        planning finding.
          [(7) Planning finding.--A finding shall be made by 
        the Secretary at least every 4 years that the 
        transportation planning process through which statewide 
        transportation plans and programs are developed is 
        consistent with this section and section 134.
          [(8) Modifications to project priority.--
        Notwithstanding any other provision of law, action by 
        the Secretary shall not be required to advance a 
        project included in the approved transportation 
        improvement program in place of another project in the 
        program.
  [(h) Funding.--Funds set aside pursuant to section 104(f) of 
this title and section 5305(g) of title 49, shall be available 
to carry out this section.
  [(i) Treatment of Certain State Laws as Congestion Management 
Processes.--For purposes of this section and section 134, and 
sections 5303 and 5304 of title 49, State laws, rules, or 
regulations pertaining to congestion management systems or 
programs may constitute the congestion management process under 
this section and section 134, and sections 5303 and 5304 of 
title 49, if the Secretary finds that the State laws, rules, or 
regulations are consistent with, and fulfill the intent of, the 
purposes of this section and section 134 and sections 5303 and 
5304 of title 49, as appropriate.
  [(j) Continuation of Current Review Practice.--Since the 
statewide transportation plan and the transportation 
improvement program described in this section are subject to a 
reasonable opportunity for public comment, since individual 
projects included in the statewide transportation plans and the 
transportation improvement program are subject to review under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), and since decisions by the Secretary concerning 
statewide transportation plans or the transportation 
improvement program described in this section have not been 
reviewed under such Act as of January 1, 1997, any decision by 
the Secretary concerning a metropolitan or statewide 
transportation plan or the transportation improvement program 
described in this section shall not be considered to be a 
Federal action subject to review under such Act.

[Sec. 136. Control of junkyards

  [(a) The Congress hereby finds and declares that the 
establishment and use and maintenance of junkyards in areas 
adjacent to the Interstate System and the primary system should 
be controlled in order to protect the public investment in such 
highways, to promote the safety and recreational value of 
public travel, and to preserve natural beauty.
  [(b) Federal-aid highway funds apportioned on or after 
January 1, 1968, to any State which the Secretary determines 
has not made provision for effective control of the 
establishment and maintenance along the Interstate System and 
the primary system of outdoor junkyards, which are within one 
thousand feet of the nearest edge of the right-of-way and 
visible from the main traveled way of the system, shall be 
reduced by amounts equal to 10 per centum of the amounts which 
would otherwise be apportioned to such State under section 104 
of this title, until such time as such State shall provide for 
such effective control. Any amount which is withheld from 
apportionment to any State hereunder shall be reapportioned to 
the other States. Whenever he determines it to be in the public 
interest, the Secretary may suspend, for such periods as he 
deems necessary, the application of this subsection to a State.
  [(c) Effective control means that by January 1, 1968, such 
junkyards shall be screened by natural objects, plantings, 
fences, or other appropriate means so as not to be visible from 
the main traveled way of the system, or shall be removed from 
sight.
  [(d) The term ``junk'' shall mean old or scrap copper, brass, 
rope, rags, batteries, paper, trash, rubber debris, waste, or 
junked, dismantled, or wrecked automobiles, or parts thereof, 
iron, steel, and other old or scrap ferrous or nonferrous 
material.
  [(e) The term ``automobile graveyard'' shall mean any 
establishment or place of business which is maintained, used, 
or operated for storing, keeping, buying, or selling wrecked, 
scrapped, ruined, or dismantled motor vehicles or motor vehicle 
parts.
  [(f) The term ``junkyard'' shall mean an establishment or 
place of business which is maintained, operated, or used for 
storing, keeping, buying, or selling junk, or for the 
maintenance or operation of an automobile graveyard, and the 
term shall include garbage dumps and sanitary fills.
  [(g) Notwithstanding any provision of this section, 
junkyards, auto graveyards, and scrap metal processing 
facilities may be operated within areas adjacent to the 
Interstate System and the primary system which are within one 
thousand feet of the nearest edge of the right-of-way and which 
are zoned industrial under authority of State law, or which are 
not zoned under authority of State law, but are used for 
industrial activities, as determined by the several States 
subject to approval by the Secretary.
  [(h) Notwithstanding any provision of this section, any 
junkyard in existence on the date of enactment of this section 
which does not conform to the requirements of this section and 
which the Secretary finds as a practical matter cannot be 
screened, shall not be required to be removed until July 1, 
1970.
  [(i) The Federal share of landscaping and screening costs 
under this section shall be 75 per centum.
  [(j) Just compensation shall be paid the owner for the 
relocation, removal, or disposal of junkyards lawfully 
established under State law. The Federal share of such 
compensation shall be 75 per centum.
  [(k) All public lands or reservations of the United States 
which are adjacent to any portion of the interstate and primary 
systems shall be effectively controlled in accordance with the 
provisions of this section.
  [(l) Nothing in this section shall prohibit a State from 
establishing standards imposing stricter limitations with 
respect to outdoor junkyards on the Federal-aid highway systems 
than those established under this section.
  [(m) There is authorized to be appropriated to carry out this 
section, out of any money in the Treasury not otherwise 
appropriated, not to exceed $20,000,000 for the fiscal year 
ending June 30, 1966, not to exceed $20,000,000 for the fiscal 
year ending June 30, 1967, not to exceed $3,000,000 for the 
fiscal year ending June 30, 1970, not to exceed $3,000,000 for 
the fiscal year ending June 30, 1971, not to exceed $3,000,000 
for the fiscal year ending June 30, 1972, and not to exceed 
$5,000,000 for the fiscal year ending June 30, 1973. The 
provisions of this chapter relating to the obligation, period 
of availability, and expenditure of Federal-aid primary highway 
funds shall apply to the funds authorized to be appropriated to 
carry out this section after June 30, 1967.]

Sec. 134. Metropolitan transportation planning

  Metropolitan transportation planning programs funded under 
section 104(f) shall be carried out in accordance with the 
metropolitan planning provisions of section 5203 of title 49.

Sec. 135. Statewide transportation planning

  Statewide transportation planning programs funded under 
sections 104(f) and 505 shall be carried out in accordance with 
the metropolitan planning provisions of section 5204 of title 
49.

Sec. 137. Fringe and corridor parking facilities

  (a) The Secretary may approve as a project on a Federal-aid 
highway the acquisition of land adjacent to the right-of-way 
outside a central business district, as defined by the 
Secretary, and the construction of publicly owned parking 
facilities thereon or within such right-of-way, including the 
use of the air space above and below the established grade line 
of the highway pavement, to serve an urban area of fifty 
thousand population or more. Such parking facility shall be 
located and designed in conjunction with existing or planned 
public transportation facilities. In the event fees are charged 
for the use of any such facility, the rate thereof shall not be 
in excess of that required for maintenance and operation 
(including compensation to any person for operating such 
facility). The addition of electric vehicle charging stations 
to new or previously funded parking facilities shall be 
eligible for funding under this section.

           *       *       *       *       *       *       *

Sec. 138. Preservation of parklands

  (a) Declaration of Policy.--It is declared to be the national 
policy that special effort should be made to preserve the 
natural beauty of the countryside and public park and 
recreation lands, wildlife and waterfowl refuges, and historic 
sites. The Secretary of Transportation shall cooperate and 
consult with the Secretaries of the Interior, Housing and Urban 
Development, and Agriculture, and with the States in developing 
transportation plans and programs that include measures to 
maintain or enhance the natural beauty of the lands traversed. 
After the effective date of the Federal-Aid Highway Act of 
1968, the Secretary shall not approve any program or project 
(other than any project for a [park road or parkway under 
section 204 of this title] Federal lands transportation 
facility under section 203) which requires the use of any 
publicly owned land from a public park, recreation area, or 
wildlife and waterfowl refuge of national, State, or local 
significance as determined by the Federal, State, or local 
officials having jurisdiction thereof, or any land from an 
historic site of national, State, or local significance as so 
determined by such officials unless (1) there is no feasible 
and prudent alternative to the use of such land, and (2) such 
program includes all possible planning to minimize harm to such 
park, recreational area, wildlife and waterfowl refuge, or 
historic site resulting from such use. In carrying out the 
national policy declared in this section the Secretary, in 
cooperation with the Secretary of the Interior and appropriate 
State and local officials, is authorized to conduct studies as 
to the most feasible Federal-aid routes for the movement of 
motor vehicular traffic through or around national parks so as 
to best serve the needs of the traveling public while 
preserving the natural beauty of these areas.

           *       *       *       *       *       *       *

  (c) Elimination of Duplication for Historic Sites and 
Properties.--The requirements of this section shall be 
considered to be satisfied for an historic site or property 
where its treatment has been agreed upon in a memorandum of 
agreement by invited and mandatory signatories, including the 
Advisory Council on Historic Preservation, if participating, in 
accordance with section 106 of the National Historic 
Preservation Act (16 U.S.C. 470f).

Sec. 139. Efficient environmental reviews for project decisionmaking

  (a) * * *
  (b) Applicability.--
          (1) * * *
          (2) Flexibility.--Any authorities granted in this 
        section may be exercised, and any requirements 
        established in this section may be satisfied, for a 
        project, class of projects, or program of projects.
          (3) Funding threshold.--The Secretary's approval of a 
        project receiving funds under this title or under 
        chapter 53 of title 49 shall not be considered a 
        Federal action for the purposes of the National 
        Environmental Policy Act of 1969 if such funds--
                  (A) constitute 15 percent or less of the 
                total estimated project costs; or
                  (B) are less than $10,000,000.
          (4) Programmatic compliance.--At the request of a 
        State, the Secretary may modify the procedures 
        developed under this section to encourage programmatic 
        approaches and strategies with respect to environmental 
        programs and permits (in lieu of project-by-project 
        reviews).
  (c) Lead Agencies.--
          (1) Federal lead agency.--The Department of 
        Transportation shall be the Federal lead agency in the 
        environmental review process for a project. If the 
        project requires approval from more than one modal 
        administration within the Department, the Secretary 
        shall designate a single modal administration to serve 
        as the Federal lead agency for the Department in the 
        environmental review process for the project.

           *       *       *       *       *       *       *

          (3) Project sponsor as joint lead agency.--Any 
        project sponsor that is a State or local governmental 
        entity receiving funds under this title or chapter 53 
        of title 49 or other approvals by the Secretary for the 
        project shall serve as a joint lead agency with the 
        Department for purposes of preparing any environmental 
        document under the National Environmental Policy Act of 
        1969 and may prepare any such environmental document 
        required in support of any action or approval by the 
        Secretary if the Federal lead agency furnishes guidance 
        in such preparation and independently evaluates such 
        document and the document is approved and adopted by 
        the Secretary prior to the Secretary taking any 
        subsequent action or making any approval based on such 
        document, whether or not the Secretary's action or 
        approval results in Federal funding.

           *       *       *       *       *       *       *

          [(5) Adoption and use of documents.--Any 
        environmental document prepared in accordance with this 
        subsection may be adopted or used by any Federal agency 
        making any approval to the same extent that such 
        Federal agency could adopt or use a document prepared 
        by another Federal agency.]
          (5) Adoption and use of documents.--Any environmental 
        document prepared in accordance with this subsection 
        shall be adopted and used by any Federal agency in 
        making any approval of a project subject to this 
        section as the document required to be completed under 
        the National Environmental Policy Act of 1969.

           *       *       *       *       *       *       *

  (d) Participating Agencies.--
          (1) * * *

           *       *       *       *       *       *       *

          [(4) Effect of designation.--Designation as a 
        participating agency under this subsection shall not 
        imply that the participating agency--
                  [(A) supports a proposed project; or
                  [(B) has any jurisdiction over, or special 
                expertise with respect to evaluation of, the 
                project.]
          (4) Effect of designation.--
                  (A) Requirement.--A participating agency 
                shall comply with the requirements of this 
                section and any schedule established under this 
                section.
                  (B) Implication.--Designation as a 
                participating agency under this subsection 
                shall not imply that the participating agency--
                          (i) supports a proposed project; or
                          (ii) has any jurisdiction over, or 
                        special expertise with respect to 
                        evaluation of, the project.

           *       *       *       *       *       *       *

          [(7) Concurrent reviews.--Each Federal agency shall, 
        to the maximum extent practicable--
                  [(A) carry out obligations of the Federal 
                agency under other applicable law concurrently, 
                and in conjunction, with the review required 
                under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.), unless doing so 
                would impair the ability of the Federal agency 
                to carry out those obligations; and
                  [(B) formulate and implement administrative, 
                policy, and procedural mechanisms to enable the 
                agency to ensure completion of the 
                environmental review process in a timely, 
                coordinated, and environmentally responsible 
                manner.]
          (7) Concurrent reviews.--Each participating agency 
        and cooperating agency shall--
                  (A) carry out obligations of that agency 
                under other applicable law concurrently, and in 
                conjunction, with the review required under the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.); and
                  (B) formulate and implement administrative, 
                policy, and procedural mechanisms to enable the 
                agency to ensure completion of the 
                environmental review process in a timely, 
                coordinated, and environmentally responsible 
                manner.
  (e) Project Initiation.--The project sponsor shall notify the 
Secretary of the type of work, termini, length and general 
location of the proposed project, together with a statement of 
any Federal approvals anticipated to be necessary for the 
proposed project, for the purpose of informing the Secretary 
that the environmental review process should be initiated. The 
project sponsor may satisfy this requirement by submitting to 
the Secretary a draft notice for publication in the Federal 
Register announcing the preparation of an environmental impact 
statement for the project.
  (f) Purpose and Need.--
          (1) * * *

           *       *       *       *       *       *       *

          (4) Alternatives analysis.--
                  (A) * * *
                  [(B) Range of alternatives.--Following 
                participation under paragraph (1), the lead 
                agency shall determine the range of 
                alternatives for consideration in any document 
                which the lead agency is responsible for 
                preparing for the project.]
                  (B) Range of alternatives.--
                          (i) In general.--Following 
                        participation under paragraph (1), the 
                        lead agency shall determine the range 
                        of alternatives for consideration in 
                        any document which the lead agency is 
                        responsible for preparing for the 
                        project.
                          (ii) Limitation.--The range of 
                        alternatives shall be limited to 
                        alternatives that are--
                                  (I) consistent with the 
                                transportation mode and general 
                                design of the project described 
                                in the long-range 
                                transportation plan or 
                                transportation improvement 
                                program prepared pursuant to 
                                section 5203 or 5204 of title 
                                49; and
                                  (II) consistent with the 
                                funding identified for the 
                                project under the fiscal 
                                constraint requirements of 
                                section 5203 or 5204 of title 
                                49.
                          (iii) Restriction.--A Federal agency 
                        may not require the evaluation of any 
                        alternative that was evaluated, but not 
                        adopted--
                                  (I) in any prior State or 
                                Federal environmental document 
                                with regard to the applicable 
                                long-range transportation plan 
                                or transportation improvement 
                                program; or
                                  (II) after the preparation of 
                                a programmatic or tiered 
                                environmental document that 
                                evaluated alternatives to the 
                                project.
                          (iv) Legal sufficiency.--The 
                        evaluation of the range of alternatives 
                        shall be deemed legally sufficient if 
                        the environmental document complies 
                        with the requirements of this 
                        paragraph.
                  [(C) Methodologies.--The lead agency]
                  (C) Methodologies.--
                          (i) In general.--The lead agency also 
                        shall determine, [in collaboration with 
                        participating agencies at appropriate 
                        times during the study process] after 
                        consultation with participating 
                        agencies as part of the scoping 
                        process, the methodologies to be used 
                        and the level of detail required in the 
                        analysis of each alternative for a 
                        project.
                          (ii) Comments.--Each participating 
                        agency shall limit comments on such 
                        methodologies to those issues that are 
                        within the authority and expertise of 
                        such participating agency.
                          (iii) Studies.--The lead agency may 
                        not conduct studies proposed by any 
                        participating agency that are not 
                        within the authority or expertise of 
                        such participating agency.

           *       *       *       *       *       *       *

                  (E) Limitations on the evaluation of impacts 
                evaluated in prior environmental documents.--
                          (i) In general.--The lead agency may 
                        not reevaluate, and a Federal agency 
                        may not require the reevaluation of, 
                        cumulative impacts or growth-inducing 
                        impacts where such impacts were 
                        previously evaluated in--
                                  (I) a long-range 
                                transportation plan or 
                                transportation improvement 
                                program developed pursuant to 
                                section 5203 or 5204 of title 
                                49;
                                  (II) a prior environmental 
                                document approved by the 
                                Secretary; or
                                  (III) a prior State 
                                environmental document approved 
                                pursuant to a State law that is 
                                substantially equivalent to 
                                section 102(2)(C) of the 
                                National Environmental Policy 
                                Act of 1969 (42 U.S.C. 
                                4332(2)(C)).
                          (ii) Legal sufficiency.--The 
                        evaluation of cumulative impacts and 
                        growth inducing impacts shall be deemed 
                        legally sufficient if the environmental 
                        document complies with the requirements 
                        of this paragraph.
          (5) Effective decisionmaking.--
                  (A) Concurrence.--At the discretion of the 
                lead agency, a participating agency shall be 
                presumed to concur in the determinations made 
                by the lead agency under this subsection unless 
                the participating agency submits an objection 
                to the lead agency in writing within 30 days 
                after receiving notice of the lead agency's 
                determination and specifies the statutory basis 
                for the objection.
                  (B) Adoption of determination.--If the 
                participating agency concurs or does not object 
                within the 30-day period, the participating 
                agency shall adopt the lead agency's 
                determination for purposes of any reviews, 
                approvals, or other actions taken by the 
                participating agency as part of the 
                environmental review process for the project.
  (g) Coordination and Scheduling.--
          (1) Coordination plan.--
                  (A) In general.--The lead agency shall 
                establish a plan for coordinating public and 
                agency participation in and comment on the 
                environmental review process for a [project or 
                category of projects] project, category of 
                projects, or program of projects. The 
                coordination plan may be incorporated into a 
                memorandum of understanding.

           *       *       *       *       *       *       *

          [(3) Deadlines for decisions under other laws.--In 
        any case in which a decision under any Federal law 
        relating to a project (including the issuance or denial 
        of a permit or license) is required to be made by the 
        later of the date that is 180 days after the date on 
        which the Secretary made all final decisions of the 
        lead agency with respect to the project, or 180 days 
        after the date on which an application was submitted 
        for the permit or license, the Secretary shall submit 
        to the Committee on Environment and Public Works of the 
        Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives--
                  [(A) as soon as practicable after the 180-day 
                period, an initial notice of the failure of the 
                Federal agency to make the decision; and
                  [(B) every 60 days thereafter until such date 
                as all decisions of the Federal agency relating 
                to the project have been made by the Federal 
                agency, an additional notice that describes the 
                number of decisions of the Federal agency that 
                remain outstanding as of the date of the 
                additional notice.
          [(4) Involvement of the public.--Nothing in this 
        subsection shall reduce any time period provided for 
        public comment in the environmental review process 
        under existing Federal law, including a regulation.]
          (3) Deadlines for decisions under other laws.--
                  (A) Prior approval deadline.--If a 
                participating agency is required to make a 
                determination regarding or otherwise approve or 
                disapprove the project prior to the record of 
                decision or finding of no significant impact of 
                the lead agency, such participating agency 
                shall make such determination or approval not 
                later than 30 days after the lead agency 
                publishes notice of the availability of a final 
                environmental impact statement or other final 
                environmental document, or not later than such 
                other date that is otherwise required by law, 
                whichever occurs first.
                  (B) Other deadlines.--With regard to any 
                determination or approval of a participating 
                agency that is not subject to subparagraph (A), 
                each participating agency shall make any 
                required determination regarding or otherwise 
                approve or disapprove the project not later 
                than 90 days after the date that the lead 
                agency approves the record of decision or 
                finding of no significant impact for the 
                project, or not later than such other date that 
                is otherwise required by law, whichever occurs 
                first.
                  (C) Deemed approved.--In the event that any 
                participating agency fails to make a 
                determination or approve or disapprove the 
                project within the applicable deadline 
                described in subparagraphs (A) and (B), the 
                project shall be deemed approved by such 
                participating agency, and such approval shall 
                be deemed to comply with the applicable 
                requirements of Federal law.
                  (D) Judicial review.--
                          (i) In general.--An approval of a 
                        project under subparagraph (C) shall 
                        not be subject to judicial review.
                          (ii) Written finding.--The Secretary 
                        may issue a written finding verifying 
                        the approval made in accordance with 
                        this paragraph.
  (h) Issue Identification and Resolution.--
          (1) * * *

           *       *       *       *       *       *       *

          (4) Issue resolution.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Resolution final.--
                          (i) In general.--The lead agency and 
                        participating agencies may not 
                        reconsider the resolution of any issue 
                        agreed to by the relevant agencies in a 
                        meeting under subparagraph (A).
                          (ii) Compliance with applicable 
                        law.--Any such resolution shall be 
                        deemed to comply with applicable law 
                        notwithstanding that the agencies 
                        agreed to such resolution prior to the 
                        approval of the environmental document.
  (i) Streamlined Documentation and Decisionmaking.--
          (1) In general.--The lead agency in the environmental 
        review process for a project, in order to reduce 
        paperwork and expedite decisionmaking, shall prepare a 
        condensed final environmental impact statement.
          (2) Condensed format.--A condensed final 
        environmental impact statement for a project in the 
        environmental review process shall consist only of--
                  (A) an incorporation by reference of the 
                draft environmental impact statement;
                  (B) any updates to specific pages or sections 
                of the draft environmental impact statement as 
                appropriate; and
                  (C) responses to comments on the draft 
                environmental impact statement and copies of 
                the comments.
          (3) Timing of decision.--Notwithstanding any other 
        provision of law, in conducting the environmental 
        review process for a project, the lead agency shall 
        combine a final environmental impact statement and a 
        record of decision for the project into a single 
        document if--
                  (A) the alternative approved in the record of 
                decision is either a preferred alternative that 
                was identified in the draft environmental 
                impact statement or is a modification of such 
                preferred alternative that was developed in 
                response to comments on the draft environmental 
                impact statement;
                  (B) the Secretary has received a 
                certification from a State under section 128, 
                if such a certification is required for the 
                project; and
                  (C) the Secretary determines that the lead 
                agency, participating agency, or the project 
                sponsor has committed to implement the measures 
                applicable to the approved alternative that are 
                identified in the final environmental impact 
                statement.
  (j) Supplemental Environmental Review and Re-Evaluation.--
          (1) Supplemental environmental review.--After the 
        approval of a record of decision or finding of no 
        significant impact with regard to a project, an agency 
        may not require the preparation of a subsequent 
        environmental document for such project unless the lead 
        agency determines that--
                  (A) changes to the project will result in new 
                significant impacts that were not evaluated in 
                the environmental document; or
                  (B) new information has become available or 
                changes in circumstances have occurred after 
                the lead agency approval of the project that 
                will result in new significant impacts that 
                were not evaluated in the environmental 
                document.
          (2) Re-evaluations.--The Secretary may only require 
        the re-evaluation of a document prepared under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) if--
                  (A) the Secretary determines that the events 
                in paragraph (1)(A) or (1)(B) apply; and
                  (B) more than 5 years has elapsed since the 
                Secretary's prior approval of the project or 
                authorization of project funding.
          (3) Change to record of decision.--After the approval 
        of a record of decision, the Secretary may not require 
        the record of decision to be changed solely because of 
        a change in the fiscal circumstances surrounding the 
        project.
  [(i)] (k) Performance Measurement.--The Secretary shall 
establish a program to measure and report on progress toward 
improving and expediting the planning and environmental review 
process.
  [(j)] (l) Assistance to Affected State and Federal 
Agencies.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) [Use of federal lands highway funds] Use of 
        tribal transportation program and Federal Lands 
        transportation program funds.--The Secretary may also 
        use funds made available under [section 204] sections 
        202 and 203 for a project for the purposes specified in 
        this subsection with respect to the environmental 
        review process for the project.

           *       *       *       *       *       *       *

  [(k) Judicial Review and Savings Clause.--
          [(1) Judicial review.--Except as set forth under 
        subsection (l), nothing in this section shall affect 
        the reviewability of any final Federal agency action in 
        a court of the United States or in the court of any 
        State.
          [(2) Savings clause.--Nothing in this section shall 
        be construed as superseding, amending, or modifying the 
        National Environmental Policy Act of 1969 or any other 
        Federal environmental statute or affect the 
        responsibility of any Federal officer to comply with or 
        enforce any such statute.
          [(3) Limitations.--Nothing in this section shall 
        preempt or interfere with--
                  [(A) any practice of seeking, considering, or 
                responding to public comment; or
                  [(B) any power, jurisdiction, responsibility, 
                or authority that a Federal, State, or local 
                government agency, metropolitan planning 
                organization, Indian tribe, or project sponsor 
                has with respect to carrying out a project or 
                any other provisions of law applicable to 
                projects, plans, or programs.]
  (m) Regulations.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of the American Energy and Infrastructure 
        Jobs Act of 2012, the Secretary, by regulation, shall--
                  (A) implement this section; and
                  (B) establish methodologies and procedures 
                for evaluating the environmental impacts, 
                including cumulative impacts and growth-
                inducing impacts, of transportation projects 
                subject to this section.
          (2) Compliance with applicable law.--Any 
        environmental document that utilizes the methodologies 
        and procedures established under this subsection shall 
        be deemed to comply with the applicable requirements 
        of--
                  (A) the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) or its 
                implementing regulations; or
                  (B) any other Federal environmental statute 
                applicable to transportation projects.
  [(l)] (n) Limitations on Claims.--
          (1) In general.--Notwithstanding any other provision 
        of law, a claim arising under Federal law seeking 
        judicial review of a permit, license, or approval 
        issued by a Federal agency for a highway or public 
        transportation capital project shall be barred unless 
        it is filed within [180 days] 90 days after publication 
        of a notice in the Federal Register announcing that the 
        permit, license, or approval is final pursuant to the 
        law under which the agency action is taken, unless a 
        shorter time is specified in the Federal law pursuant 
        to which judicial review is allowed. Nothing in this 
        subsection shall create a right to judicial review or 
        place any limit on filing a claim that a person has 
        violated the terms of a permit, license, or approval.
          [(2) New information.--The Secretary shall consider 
        new information received after the close of a comment 
        period if the information satisfies the requirements 
        for a supplemental environmental impact statement under 
        section 771.130 of title 23, Code of Federal 
        Regulations. The preparation of a supplemental 
        environmental impact statement when required shall be 
        considered a separate final agency action and the 
        deadline for filing a claim for judicial review of such 
        action shall be 180 days after the date of publication 
        of a notice in the Federal Register announcing such 
        action.]
          (2) New information.--The preparation of a 
        supplemental environmental impact statement or other 
        environmental document when required by this section 
        shall be considered a separate final agency action and 
        the deadline for filing a claim for judicial review of 
        such action shall be 90 days after the date of 
        publication of a notice in the Federal Register 
        announcing such action.
  (o) Limitations on Judicial Relief.--Notwithstanding any 
other provision of law, the following limitations shall apply 
to actions brought before a court in connection with a project 
under this section:
          (1) Venue for any action shall be where the project 
        is located.
          (2) A specific property interest impacted by the 
        transportation project in question must exist in order 
        to have standing to bring an action.
          (3) No action may be commenced by any person alleging 
        a violation of--
                  (A) the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.), chapters 5 and 7 
                of title 5, or any other Federal law applicable 
                to the evaluation, avoidance, or mitigation of 
                environmental impacts of the project if such 
                Federal law is identified in the draft 
                environmental impact statement, unless such 
                person provided written notice to the lead 
                agency of the alleged violation of law, and the 
                facts supporting such claim, during the public 
                comment period on the draft environmental 
                impact statement; or
                  (B) any other law with regard to the project 
                unless such person provided written notice to 
                the applicable approving agency of the alleged 
                violation of law, and the facts supporting such 
                claim, during the public comment period on such 
                agency approval.
          (4) Elected or appointed officials working for the 
        Government or a State government may not be named in 
        their individual capacities in an action if they are 
        acting within the scope of their official duties.

           *       *       *       *       *       *       *

Sec. 142. Public transportation

  (a)(1) To encourage the development, improvement, and use of 
public mass transportation systems operating motor vehicles 
(other than on rail) on Federal-aid highways for the 
transportation of passengers (hereafter in this section 
referred to as ``buses''), so as to increase the traffic 
capacity of the Federal-aid systems for the movement of 
persons, the Secretary may approve as a project on any Federal-
aid system the construction of exclusive or preferential high 
occupancy vehicle lanes, highway traffic control devices, bus 
passenger loading areas and facilities (including shelters), 
and fringe and transportation corridor parking facilities 
(which may include electric vehicle charging stations) to serve 
high occupancy vehicle and public mass transportation 
passengers, and sums apportioned under section 104(b) of this 
title shall be available to finance the cost of projects under 
this paragraph. If fees are charged for the use of any parking 
facility constructed under this section, the rate thereof shall 
not be in excess of that required for maintenance and operation 
of the facility and the cost of providing shuttle service to 
and from the facility (including compensation to any person for 
operating the facility and for providing such shuttle service).

           *       *       *       *       *       *       *

[Sec. 144. Highway bridge program

  [(a) Finding and Declaration.--Congress finds and declares 
that it is in the vital interest of the United States that a 
highway bridge program be carried out to enable States to 
improve the condition of their highway bridges over waterways, 
other topographical barriers, other highways, and railroads 
through replacement and rehabilitation of bridges that the 
States and the Secretary determine are structurally deficient 
or functionally obsolete and through systematic preventive 
maintenance of bridges.
  [(b) The Secretary, in consultation with the States, shall 
(1) inventory all those highway bridges on any Federal-aid 
highway which are bridges over waterways, other topographical 
barriers, other highways, and railroads; (2) classify them 
according to serviceability, safety, and essentiality for 
public use; (3) based on that classification, assign each a 
priority for replacement or rehabilitation; and (4) determine 
the cost of replacing each such bridge with a comparable 
facility or of rehabilitating such bridge.
  [(c)(1) The Secretary, in consultation with the States, shall 
(1) inventory all those highway bridges on public roads, other 
than those on any Federal-aid highway, which are bridges over 
waterways, other topographical barriers, other highways, and 
railroads, (2) classify them according to serviceability, 
safety, and essentiality for public use, (3) based on the 
classification, assign each a priority for replacement or 
rehabilitation and (4) determine the cost of replacing each 
such bridge with a comparable facility or of rehabilitating 
such bridge.
  [(2) The Secretary may, at the request of a State, inventory 
bridges, on and off Federal-aid highways, for historic 
significance.
  [(3) Inventory of Indian reservation and park bridges.--As 
part of the activities carried out under paragraph (1), the 
Secretary, in consultation with the Secretary of the Interior, 
shall (A) inventory all those highway bridges on Indian 
reservation roads and park roads which are bridges over 
waterways, other topographical barriers, other highways, and 
railroads, (B) classify them according to serviceability, 
safety, and essentiality for public use, (C) based on the 
classification, assign each a priority for replacement or 
rehabilitation, and (D) determine the cost of replacing each 
such bridge with a comparable facility or of rehabilitating 
such bridge.
  [(d) Participation.--
          [(1) Bridge replacement and rehabilitation.--On 
        application by a State or States to the Secretary for 
        assistance for a highway bridge that has been 
        determined to be eligible for replacement or 
        rehabilitation under subsection (b) or (c), the 
        Secretary may approve Federal participation in--
                  [(A) replacing the bridge with a comparable 
                facility; or
                  [(B) rehabilitating the bridge.
          [(2) Types of assistance.--On application by a State 
        or States to the Secretary, the Secretary may approve 
        Federal assistance for any of the following activities 
        for a highway bridge that has been determined to be 
        eligible for replacement or rehabilitation under 
        subsection (b) or (c):
                  [(A) Painting.
                  [(B) Seismic retrofit.
                  [(C) Systematic preventive maintenance.
                  [(D) Installation of scour countermeasures.
                  [(E) Application of calcium magnesium 
                acetate, sodium acetate/formate, or other 
                environmentally acceptable, minimally corrosive 
                anti-icing and de-icing compositions.
          [(3) Basis for determination.--The Secretary shall 
        determine the eligibility of highway bridges for 
        replacement or rehabilitation for each State based on 
        structurally deficient and functionally obsolete 
        highway bridges in the State.
          [(4) Special rule for systematic preventive 
        maintenance.--Notwithstanding any other provision of 
        this subsection, a State may carry out a project under 
        paragraph (2)(B), (2)(C), or (2)(D) for a highway 
        bridge without regard to whether the bridge is eligible 
        for replacement or rehabilitation under this section.
  [(e) Funds authorized to carry out this section shall be 
apportioned among the several States on October 1 of the fiscal 
year for which authorized in accordance with this subsection. 
Each deficient bridge shall be placed into one of the following 
categories: (1) Federal-aid highway bridges eligible for 
replacement, (2) Federal-aid highway bridges eligible for 
rehabilitation, (3) bridges not on Federal-aid highways 
eligible for replacement, and (4) bridges not on Federal- aid 
highways eligible for rehabilitation. The deck area of 
deficient bridges in each category shall be multiplied by the 
respective unit price on a State-by-State basis, as determined 
by the Secretary; and the total cost in each State divided by 
the total cost of the deficient bridges in all States shall 
determine the apportionment factors. For purposes of the 
preceding sentence, if a State transfers funds apportioned to 
the State under this section in a fiscal year beginning after 
September 30, 1997, to any other apportionment of funds to such 
State under this title, the total cost of deficient bridges in 
such State and in all States to be determined for the 
succeeding fiscal year shall be reduced by the amount of such 
transferred funds. No State shall receive more than 10 per 
centum or less than 0.25 per centum of the total apportionment 
for any one fiscal year. The Secretary shall make these 
determinations based upon the latest available data, which 
shall be updated annually. Funds apportioned under this section 
shall be available for expenditure for the period specified in 
section 118(b)(2). Any funds not obligated at the expiration of 
such period shall be reapportioned by the Secretary to the 
other States in accordance with this subsection. The use of 
funds authorized under this section to carry out a project for 
the seismic retrofit of a bridge shall not affect the 
apportionment of funds under this section.
  [(f) Bridge Set-asides.--
          [(1) Designated projects.--
                  [(A) In general.--Of the amounts authorized 
                to be appropriated to carry out the bridge 
                program under this section for each of the 
                fiscal years 2006 through 2009, all but 
                $100,000,000 shall be apportioned as provided 
                in subsection (e). Such $100,000,000 shall be 
                available as follows:
                          [(i) $12,500,000 per fiscal year for 
                        the Golden Gate Bridge.
                          [(ii) $18,750,000 per fiscal year for 
                        the construction of a bridge joining 
                        the Island of Gravina to the community 
                        of Ketchikan in Alaska.
                          [(iii) $12,500,000 per fiscal year to 
                        the State of Nevada for construction of 
                        a replacement of the federally owned 
                        bridge over the Hoover Dam in the Lake 
                        Mead National Recreation Area.
                          [(iv) $12,500,000 per fiscal year to 
                        the State of Missouri for construction 
                        of a structure over the Mississippi 
                        River to connect the City of St. Louis, 
                        Missouri, to the State of Illinois.
                          [(v) $12,500,000 per fiscal year for 
                        replacement and reconstruction of State 
                        maintained bridges in the State of 
                        Oklahoma.
                          [(vi) $4,500,000 per fiscal year for 
                        replacement of the Missisquoi Bay 
                        Bridge and the removal of the 
                        Missisquoi Bay causeway, Vermont.
                          [(vii) $8,000,000 per fiscal year for 
                        replacement and reconstruction of 
                        State-maintained bridges in the State 
                        of Vermont.
                          [(viii) $8,750,000 per fiscal year 
                        for design, planning, and right-of-way 
                        acquisition for the Interstate Route 74 
                        bridge from Bettendorf, Iowa, to 
                        Moline, Illinois.
                          [(ix) $10,000,000 per fiscal year for 
                        replacement and reconstruction of 
                        State-maintained bridges in the State 
                        of Oregon.
                  [(B) Gravina access scoring.--The project 
                described in subparagraph (A)(ii) shall not be 
                counted for purposes of the reduction set forth 
                in the fourth sentence of subsection (e).
                  [(C) Period of availability.--Amounts made 
                available to a State under this paragraph shall 
                remain available until expended.
          [(2) Bridges not on Federal-aid highways.--
                  [(A) In general.--Not less than 15 percent of 
                the amount apportioned to each State in each of 
                fiscal years 2005 through 2009 shall be 
                expended for projects to replace, rehabilitate, 
                paint, perform systematic preventive 
                maintenance or seismic retrofit of, or apply 
                calcium magnesium acetate, sodium acetate/
                formate, or other environmentally acceptable, 
                minimally corrosive anti-icing and de-icing 
                compositions to, or install scour 
                countermeasures to, highway bridges located on 
                public roads, other than those on a Federal-aid 
                highway, or to complete the Warwick Intermodal 
                Station (including the construction of a people 
                mover between the Station and the T.F. Green 
                Airport).
                  [(B) Reduction of expenditures.--The 
                Secretary, after consultation with State and 
                local officials, may reduce the requirement for 
                expenditure for bridges not on a Federal-aid 
                highway under subparagraph (A) with respect to 
                the State if the Secretary determines that the 
                State has inadequate needs to justify the 
                expenditure.
  [(g) Notwithstanding any other provision of law, the General 
Bridge Act of 1946 (33 U.S.C. 525-533) shall apply to bridges 
authorized to be replaced, in whole or in part, by this 
section, except that subsection (b) of section 502 of such Act 
of 1946 and section 9 of the Act of March 3, 1899 (30 Stat. 
1151) shall not apply to any bridge constructed, reconstructed, 
rehabilitated, or replaced with assistance under this title, if 
such bridge is over waters (1) which are not used and are not 
susceptible to use in their natural condition or by reasonable 
improvement as a means to transport interstate or foreign 
commerce, and (2) which are (a) not tidal, or (b) if tidal, 
used only by recreational boating, fishing, and other small 
vessels less than 21 feet in length.
  [(h) Inventories and Reports.--The Secretary shall--
          [(1) report to the Committee on Environment and 
        Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives on projects approved under this 
        section;
          [(2) annually revise the current inventories 
        authorized by subsections (b) and (c) of this section;
          [(3) report to such committees on such inventories; 
        and
          [(4) report to such committees such recommendations 
        as the Secretary may have for improvements of the 
        program authorized by this section.
Such reports shall be submitted to such committees biennially.
  [(i) Sums apportioned to a State under this section shall be 
made available for obligation throughout such State on a fair 
and equitable basis.
  [(j) Not later than six months after the date of enactment of 
this subsection, and periodically thereafter, the Secretary 
shall review the procedure used in approving or disapproving 
applications submitted under this section to determine what 
changes, if any, may be made to expedite such procedure. Any 
such changes shall be implemented by the Secretary as soon as 
possible. Not later than nine months after the date of 
enactment of this subsection, the Secretary shall submit a 
report to Congress which describes such review and such 
changes, including any recommendations for legislative changes.
  [(k) Notwithstanding any other provision of law, any bridge 
which is owned and operated by an agency (1) which does not 
have taxing powers, (2) whose functions include operating a 
federally assisted public transit system subsidized by toll 
revenues, shall be eligible for assistance under this section 
but the amount of such assistance shall in no event exceed the 
cumulative amount which such agency has expended for capital 
and operating costs to subsidize such transit system. Before 
authorizing an expenditure of funds under this subsection, the 
Secretary shall determine that the applicant agency has 
insufficient reserves, surpluses, and projected revenues (over 
and above those required for bridge and transit capital and 
operating costs) to fund the necessary bridge replacement or 
rehabilitation project. Any non-Federal funds expended for the 
seismic retrofit of the bridge may be credited toward the non-
Federal share required as a condition of receipt of any Federal 
funds for seismic retrofit of the bridge made available after 
the date of the expenditure.
  [(l) Replacement of Destroyed Bridges and Ferryboat 
Service.--
          [(1) General rule.--Notwithstanding any other 
        provision of this section or of any other provision of 
        law, a State may utilize any of the funds provided 
        under this section to construct any bridge which--
                  [(A) replaces any low water crossing 
                (regardless of the length of such low water 
                crossing),
                  [(B) replaces any bridge which was destroyed 
                prior to 1965,
                  [(C) replaces any ferry which was in 
                existence on January 1, 1984, or
                  [(D) replaces any road bridges rendered 
                obsolete as a result of United States Corps of 
                Engineers flood control or channelization 
                projects and not rebuilt with funds from the 
                United States Corps of Engineers.
          [(2) Federal share.--The Federal share payable on any 
        bridge construction carried out under paragraph (1) 
        shall be 80 percent of the cost of such construction.
  [(m) Program for Bridges Not on Federal-Aid Highways.--
Notwithstanding any other provision of law, with respect to any 
project not on a Federal-aid highway for the replacement of a 
bridge or rehabilitation of a bridge which is wholly funded 
from State and local sources, is eligible for Federal funds 
under this section, is noncontroversial, is certified by the 
State to have been carried out in accordance with all standards 
applicable to such projects under this section, and is 
determined by the Secretary upon completion to be no longer a 
deficient bridge, any amount expended after the date of the 
enactment of this subsection from State and local sources for 
such project in excess of 20 percent of the cost of 
construction thereof may be credited to the non-Federal share 
of the cost of the projects in such State which are eligible 
for Federal funds under this section. Such crediting shall be 
in accordance with such procedures as the Secretary may 
establish.
  [(n) Historic Bridge Program.--
          [(1) Coordination.--The Secretary shall, in 
        cooperation with the States, implement the programs 
        described in this section in a manner that encourages 
        the inventory, retention, rehabilitation, adaptive 
        reuse, and future study of historic bridges.
          [(2) State inventory.--The Secretary shall require 
        each State to complete an inventory of all bridges on 
        and off Federal-aid highways to determine their 
        historic significance.
          [(3) Eligibility.--Reasonable costs associated with 
        actions to preserve, or reduce the impact of a project 
        under this chapter on, the historic integrity of 
        historic bridges shall be eligible as reimbursable 
        project costs under this title (including this section) 
        if the load capacity and safety features of the bridge 
        are adequate to serve the intended use for the life of 
        the bridge; except that in the case of a bridge which 
        is no longer used for motorized vehicular traffic, the 
        costs eligible as reimbursable project costs pursuant 
        to this subsection shall not exceed the estimated cost 
        of demolition of such bridge.
          [(4) Preservation.--Any State which proposes to 
        demolish a historic bridge for a replacement project 
        with funds made available to carry out this section 
        shall first make the bridge available for donation to a 
        State, locality, or responsible private entity if such 
        State, locality, or responsible entity enters into an 
        agreement to--
                  [(A) maintain the bridge and the features 
                that give it its historic significance; and
                  [(B) assume all future legal and financial 
                responsibility for the bridge, which may 
                include an agreement to hold the State 
                transportation department harmless in any 
                liability action.
        Costs incurred by the State to preserve the historic 
        bridge, including funds made available to the State, 
        locality, or private entity to enable it to accept the 
        bridge, shall be eligible as reimbursable project costs 
        under this chapter up to an amount not to exceed the 
        cost of demolition. Any bridge preserved pursuant to 
        this paragraph shall thereafter not be eligible for any 
        other funds authorized pursuant to this title.
          [(5) Historic bridge defined.--As used in this 
        subsection, ``historic bridge'' means any bridge that 
        is listed on, or eligible for listing on, the National 
        Register of Historic Places.
  [(o) Applicability of State Standards for Projects.--A 
project not on a Federal-aid highway under this section shall 
be designed, constructed, operated, and maintained in 
accordance with State laws, regulations, directives, safety 
standards, design standards, and construction standards.
  [(p) As used in this section the term ``rehabilitate'' in any 
of its forms means major work necessary to restore the 
structural integrity of a bridge as well as work necessary to 
correct a major safety defect.
  [(q) Annual Materials Report on New Bridge Construction and 
Bridge Rehabilitation.--Not later than 1 year after the date of 
enactment of this subsection, and annually thereafter, the 
Secretary shall publish in the Federal Register a report 
describing construction materials used in new Federal-aid 
bridge construction and bridge rehabilitation projects.
  [(r) Federal Share.--
          [(1) In general.--Except as provided under paragraph 
        (2), the Federal share of the cost of a project payable 
        from funds made available to carry out this section 
        shall be determined under section 120(b).
          [(2) Interstate system.--The Federal share of the 
        cost of a project on the Interstate System payable from 
        funds made available to carry out this section shall be 
        determined under section 120(a).]

           *       *       *       *       *       *       *

Sec. 147. Construction of ferry boats and ferry terminal facilities

  (a) * * *
  (b) Federal Share.--The Federal share of the cost of 
construction of [ferry boats, ferry terminals, and ferry 
maintenance facilities] ferry boats and ferry terminals under 
this section shall be 80 percent.
  [(c) Allocation of Funds.--The Secretary shall give priority 
in the allocation of funds under this section to those ferry 
systems, and public entities responsible for developing 
ferries, that--
          [(1) provide critical access to areas that are not 
        well-served by other modes of surface transportation;
          [(2) carry the greatest number of passengers and 
        vehicles; or
          [(3) carry the greatest number of passengers in 
        passenger-only service.
  [(d) Set-Aside for Projects on NHS.--
          [(1) In general.--$20,000,000 of the amount made 
        available to carry out this section for each of fiscal 
        years 2005 through 2009 shall be obligated for the 
        construction or refurbishment of ferry boats and ferry 
        terminal facilities and approaches to such facilities 
        within marine highway systems that are part of the 
        National Highway System.
          [(2) Alaska.--$10,000,000 of the $20,000,000 for a 
        fiscal year made available under paragraph (1) shall be 
        made available to the State of Alaska.
          [(3) New jersey.--$5,000,000 of the $20,000,000 for a 
        fiscal year made available under paragraph (1) shall be 
        made available to the State of New Jersey.
          [(4) Washington.--$5,000,000 of the $20,000,000 for a 
        fiscal year made available under paragraph (1) shall be 
        made available to the State of Washington.
  [(e) Period of Availability.--Notwithstanding section 118(b), 
funds made available to carry out this section shall remain 
available until expended.]
  (c) Apportionment of Funds.--The Secretary shall apportion 
the sums authorized to be appropriated for expenditure on the 
construction of ferry boats and ferry terminal facilities for 
each fiscal year among eligible States in the following manner:
          (1) 35 percent based on the total annual number of 
        vehicles carried by ferry systems operating in each 
        eligible State.
          (2) 35 percent based on the total annual number of 
        passengers (including passengers in vehicles) carried 
        by ferry systems operating in each eligible State.
          (3) 30 percent based on the total nautical route 
        miles serviced by ferry systems operating in each 
        eligible State.
  (d) Eligible State Defined.--In this section, the term 
``eligible State'' means a State that has a ferry system 
operating in the State or between the State and another State.
  [(f)] (e) Applicability.--All provisions of this chapter that 
are applicable to the National Highway System, other than 
provisions relating to apportionment formula and Federal share, 
shall apply to funds made available to carry out this section, 
except as determined by the Secretary to be inconsistent with 
this section.

[Sec. 148. Highway safety improvement program

  [(a) Definitions.--In this section, the following definitions 
apply:
          [(1) High risk rural road.--The term ``high risk 
        rural road'' means any roadway functionally classified 
        as a rural major or minor collector or a rural local 
        road--
                  [(A) on which the accident rate for 
                fatalities and incapacitating injuries exceeds 
                the statewide average for those functional 
                classes of roadway; or
                  [(B) that will likely have increases in 
                traffic volume that are likely to create an 
                accident rate for fatalities and incapacitating 
                injuries that exceeds the statewide average for 
                those functional classes of roadway.
          [(2) Highway safety improvement program.--The term 
        ``highway safety improvement program'' means the 
        program carried out under this section.
          [(3) Highway safety improvement project.--
                  [(A) In general.--The term ``highway safety 
                improvement project'' means a project described 
                in the State strategic highway safety plan 
                that--
                          [(i) corrects or improves a hazardous 
                        road location or feature; or
                          [(ii) addresses a highway safety 
                        problem.
                  [(B) Inclusions.--The term ``highway safety 
                improvement project'' includes a project for 
                one or more of the following:
                          [(i) An intersection safety 
                        improvement.
                          [(ii) Pavement and shoulder widening 
                        (including addition of a passing lane 
                        to remedy an unsafe condition).
                          [(iii) Installation of rumble strips 
                        or another warning device, if the 
                        rumble strips or other warning devices 
                        do not adversely affect the safety or 
                        mobility of bicyclists, pedestrians, 
                        and the disabled.
                          [(iv) Installation of a skid-
                        resistant surface at an intersection or 
                        other location with a high frequency of 
                        accidents.
                          [(v) An improvement for pedestrian or 
                        bicyclist safety or safety of the 
                        disabled.
                          [(vi) Construction of any project for 
                        the elimination of hazards at a 
                        railway-highway crossing that is 
                        eligible for funding under section 130, 
                        including the separation or protection 
                        of grades at railway-highway crossings.
                          [(vii) Construction of a railway-
                        highway crossing safety feature, 
                        including installation of protective 
                        devices.
                          [(viii) The conduct of a model 
                        traffic enforcement activity at a 
                        railway-highway crossing.
                          [(ix) Construction of a traffic 
                        calming feature.
                          [(x) Elimination of a roadside 
                        obstacle.
                          [(xi) Improvement of highway signage 
                        and pavement markings.
                          [(xii) Installation of a priority 
                        control system for emergency vehicles 
                        at signalized intersections.
                          [(xiii) Installation of a traffic 
                        control or other warning device at a 
                        location with high accident potential.
                          [(xiv) Safety-conscious planning.
                          [(xv) Improvement in the collection 
                        and analysis of crash data.
                          [(xvi) Planning integrated 
                        interoperable emergency communications 
                        equipment, operational activities, or 
                        traffic enforcement activities 
                        (including police assistance) relating 
                        to workzone safety.
                          [(xvii) Installation of guardrails, 
                        barriers (including barriers between 
                        construction work zones and traffic 
                        lanes for the safety of motorists and 
                        workers), and crash attenuators.
                          [(xviii) The addition or retrofitting 
                        of structures or other measures to 
                        eliminate or reduce accidents involving 
                        vehicles and wildlife.
                          [(xix) Installation and maintenance 
                        of signs (including fluorescent, 
                        yellow-green signs) at pedestrian- 
                        bicycle crossings and in school zones.
                          [(xx) Construction and yellow-green 
                        signs at pedestrian-bicycle crossings 
                        and in school zones.
                          [(xxi) Construction and operational 
                        improvements on high risk rural roads.
          [(4) Safety project under any other section.--
                  [(A) In general.--The term ``safety project 
                under any other section'' means a project 
                carried out for the purpose of safety under any 
                other section of this title.
                  [(B) Inclusion.--The term ``safety project 
                under any other section'' includes a project to 
                promote the awareness of the public and educate 
                the public concerning highway safety matters 
                (including motorcyclist safety) and a project 
                to enforce highway safety laws.
          [(5) State highway safety improvement program.--The 
        term ``State highway safety improvement program'' means 
        projects or strategies included in the State strategic 
        highway safety plan carried out as part of the State 
        transportation improvement program under section 
        135(g).
          [(6) State strategic highway safety plan.--The term 
        ``State strategic highway safety plan'' means a plan 
        developed by the State transportation department that--
                  [(A) is developed after consultation with--
                          [(i) a highway safety representative 
                        of the Governor of the State;
                          [(ii) regional transportation 
                        planning organizations and metropolitan 
                        planning organizations, if any;
                          [(iii) representatives of major modes 
                        of transportation;
                          [(iv) State and local traffic 
                        enforcement officials;
                          [(v) persons responsible for 
                        administering section 130 at the State 
                        level;
                          [(vi) representatives conducting 
                        Operation Lifesaver;
                          [(vii) representatives conducting a 
                        motor carrier safety program under 
                        section 31102, 31106, or 31309 of title 
                        49;
                          [(viii) motor vehicle administration 
                        agencies; and
                          [(ix) other major State and local 
                        safety stakeholders;
                  [(B) analyzes and makes effective use of 
                State, regional, or local crash data;
                  [(C) addresses engineering, management, 
                operation, education, enforcement, and 
                emergency services elements (including 
                integrated, interoperable emergency 
                communications) of highway safety as key 
                factors in evaluating highway projects;
                  [(D) considers safety needs of, and high-
                fatality segments of, public roads;
                  [(E) considers the results of State, 
                regional, or local transportation and highway 
                safety planning processes;
                  [(F) describes a program of projects or 
                strategies to reduce or eliminate safety 
                hazards;
                  [(G) is approved by the Governor of the State 
                or a responsible State agency; and
                  [(H) is consistent with the requirements of 
                section 135(g).
  [(b) Program.--
          [(1) In general.--The Secretary shall carry out a 
        highway safety improvement program.
          [(2) Purpose.--The purpose of the highway safety 
        improvement program shall be to achieve a significant 
        reduction in traffic fatalities and serious injuries on 
        public roads.
  [(c) Eligibility.--
          [(1) In general.--To obligate funds apportioned under 
        section 104(b)(5) to carry out this section, a State 
        shall have in effect a State highway safety improvement 
        program under which the State--
                  [(A) develops and implements a State 
                strategic highway safety plan that identifies 
                and analyzes highway safety problems and 
                opportunities as provided in paragraph (2);
                  [(B) produces a program of projects or 
                strategies to reduce identified safety 
                problems;
                  [(C) evaluates the plan on a regular basis to 
                ensure the accuracy of the data and priority of 
                proposed improvements; and
                  [(D) submits to the Secretary an annual 
                report that--
                          [(i) describes, in a clearly 
                        understandable fashion, not less than 5 
                        percent of locations determined by the 
                        State, using criteria established in 
                        accordance with paragraph (2)(B)(ii), 
                        as exhibiting the most severe safety 
                        needs; and
                          [(ii) contains an assessment of--
                                  [(I) potential remedies to 
                                hazardous locations identified;
                                  [(II) estimated costs 
                                associated with those remedies; 
                                and
                                  [(III) impediments to 
                                implementation other than cost 
                                associated with those remedies.
          [(2) Identification and analysis of highway safety 
        problems and opportunities.--As part of the State 
        strategic highway safety plan, a State shall--
                  [(A) have in place a crash data system with 
                the ability to perform safety problem 
                identification and countermeasure analysis;
                  [(B) based on the analysis required by 
                subparagraph (A)--
                          [(i) identify hazardous locations, 
                        sections, and elements (including 
                        roadside obstacles, railway-highway 
                        crossing needs, and unmarked or poorly 
                        marked roads) that constitute a danger 
                        to motorists (including motorcyclists), 
                        bicyclists, pedestrians, and other 
                        highway users; and
                          [(ii) using such criteria as the 
                        State determines to be appropriate, 
                        establish the relative severity of 
                        those locations, in terms of accidents, 
                        injuries, deaths, traffic volume 
                        levels, and other relevant data;
                  [(C) adopt strategic and performance-based 
                goals that--
                          [(i) address traffic safety, 
                        including behavioral and infrastructure 
                        problems and opportunities on all 
                        public roads;
                          [(ii) focus resources on areas of 
                        greatest need; and
                          [(iii) are coordinated with other 
                        State highway safety programs;
                  [(D) advance the capabilities of the State 
                for traffic records data collection, analysis, 
                and integration with other sources of safety 
                data (such as road inventories) in a manner 
                that--
                          [(i) complements the State highway 
                        safety program under chapter 4 and the 
                        commercial vehicle safety plan under 
                        section 31102 of title 49;
                          [(ii) includes all public roads;
                          [(iii) identifies hazardous 
                        locations, sections, and elements on 
                        public roads that constitute a danger 
                        to motorists (including motorcyclists), 
                        bicyclists, pedestrians, the disabled, 
                        and other highway users; and
                          [(iv) includes a means of identifying 
                        the relative severity of hazardous 
                        locations described in clause (iii) in 
                        terms of accidents, injuries, deaths, 
                        and traffic volume levels;
                  [(E)(i) determine priorities for the 
                correction of hazardous road locations, 
                sections, and elements (including railway-
                highway crossing improvements), as identified 
                through crash data analysis;
                  [(ii) identify opportunities for preventing 
                the development of such hazardous conditions; 
                and
                  [(iii) establish and implement a schedule of 
                highway safety improvement projects for hazard 
                correction and hazard prevention; and
                  [(F)(i) establish an evaluation process to 
                analyze and assess results achieved by highway 
                safety improvement projects carried out in 
                accordance with procedures and criteria 
                established by this section; and
                  [(ii) use the information obtained under 
                clause (i) in setting priorities for highway 
                safety improvement projects.
  [(d) Eligible Projects.--
          [(1) In general.--A State may obligate funds 
        apportioned to the State under section 104(b)(5) to 
        carry out--
                  [(A) any highway safety improvement project 
                on any public road or publicly owned bicycle or 
                pedestrian pathway or trail; or
                  [(B) as provided in subsection (e), other 
                safety projects.
          [(2) Use of other funding for safety.--
                  [(A) Effect of section.--Nothing in this 
                section prohibits the use of funds made 
                available under other provisions of this title 
                for highway safety improvement projects.
                  [(B) Use of other funds.--States are 
                encouraged to address the full scope of their 
                safety needs and opportunities by using funds 
                made available under other provisions of this 
                title (except a provision that specifically 
                prohibits that use).
  [(e) Flexible Funding for States With a Strategic Highway 
Safety Plan.--
          [(1) In general.--To further the implementation of a 
        State strategic highway safety plan, a State may use up 
        to 10 percent of the amount of funds apportioned to the 
        State under section 104(b)(5) for a fiscal year to 
        carry out safety projects under any other section as 
        provided in the State strategic highway safety plan if 
        the State certifies that--
                  [(A) the State has met needs in the State 
                relating to railway-highway crossings; and
                  [(B) the State has met the State's 
                infrastructure safety needs relating to highway 
                safety improvement projects.
          [(2) Other transportation and highway safety plans.--
        Nothing in this subsection requires a State to revise 
        any State process, plan, or program in effect on the 
        date of enactment of this section.
  [(f) High Risk Rural Roads.--
          [(1) In general.--After making an apportionment under 
        section 104(b)(5) for a fiscal year beginning after 
        September 30, 2005, the Secretary shall ensure, from 
        amounts made available to carry out this section for 
        such fiscal year, that a total of $90,000,000 of such 
        apportionment is set aside by the States, 
        proportionally according to the share of each State of 
        the total amount so apportioned, for use only for 
        construction and operational improvements on high risk 
        rural roads.
          [(2) Special rule.--A State may use funds apportioned 
        to the State pursuant to this subsection for any 
        project under this section if the State certifies to 
        the Secretary that the State has met all of State needs 
        for construction and operational improvements on high 
        risk rural roads.
  [(g) Reports.--
          [(1) In general.--A State shall submit to the 
        Secretary a report that--
                  [(A) describes progress being made to 
                implement highway safety improvement projects 
                under this section;
                  [(B) assesses the effectiveness of those 
                improvements; and
                  [(C) describes the extent to which the 
                improvements funded under this section 
                contribute to the goals of--
                          [(i) reducing the number of 
                        fatalities on roadways;
                          [(ii) reducing the number of roadway-
                        related injuries;
                          [(iii) reducing the occurrences of 
                        roadway-related crashes;
                          [(iv) mitigating the consequences of 
                        roadway-related crashes; and
                          [(v) reducing the occurrences of 
                        crashes at railway- highway crossings.
          [(2) Contents; schedule.--The Secretary shall 
        establish the content and schedule for a report under 
        paragraph (1).
          [(3) Transparency.--The Secretary shall make reports 
        submitted under subsection (c)(1)(D) available to the 
        public through--
                  [(A) the Web site of the Department; and
                  [(B) such other means as the Secretary 
                determines to be appropriate.
          [(4) Discovery and admission into evidence of certain 
        reports, surveys, and information.--Notwithstanding any 
        other provision of law, reports, surveys, schedules, 
        lists, or data compiled or collected for any purpose 
        directly relating to paragraph (1) or subsection 
        (c)(1)(D), or published by the Secretary in accordance 
        with paragraph (3), shall not be subject to discovery 
        or admitted into evidence in a Federal or State court 
        proceeding or considered for other purposes in any 
        action for damages arising from any occurrence at a 
        location identified or addressed in such reports, 
        surveys, schedules, lists, or other data.
  [(h) Federal Share of Highway Safety Improvement Projects.--
Except as provided in sections 120 and 130, the Federal share 
of the cost of a highway safety improvement project carried out 
with funds apportioned to a State under section 104(b)(5) shall 
be 90 percent.]

Sec. 148. Highway safety improvement program

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Highway safety improvement program.--The term 
        ``highway safety improvement program'' means the 
        program carried out under this section.
          (2) Highway safety improvement project.--The term 
        ``highway safety improvement project'' means a project 
        consistent with an applicable State strategic highway 
        safety plan that--
                  (A) corrects or improves a roadway feature 
                that constitutes a hazard to any road users; or
                  (B) addresses any other highway safety 
                problem.
          (3) Project to maintain minimum levels of 
        retroreflectivity.--The term ``project to maintain 
        minimum levels of retroreflectivity'' means a project 
        undertaken pursuant to the provisions of the Manual on 
        Uniform Traffic Control Devices that require the use of 
        an assessment or management method designed to maintain 
        highway sign or pavement marking retroreflectivity at 
        or above minimum levels prescribed in the Manual.
          (4) Road users.--The term ``road users'' means motor 
        vehicle drivers and passengers, public transportation 
        operators and users, truck drivers, bicyclists, 
        motorcyclists, and pedestrians, including persons with 
        disabilities.
          (5) Safety data.--The term ``safety data'' includes 
        crash, roadway, driver licensing, and traffic data with 
        respect to all public roads and, for highway-rail grade 
        crossings, data on the characteristics of highway and 
        train traffic.
          (6) Safety project under any other section.--
                  (A) In general.--The term ``safety project 
                under any other section'' means a project 
                carried out for the purpose of safety under any 
                other section of this title.
                  (B) Inclusion.--The term ``safety project 
                under any other section'' includes--
                          (i) projects consistent with an 
                        applicable State strategic highway 
                        safety plan that promote the awareness 
                        of the public and educate the public 
                        concerning highway safety matters 
                        (including motorcycle safety);
                          (ii) projects to enforce highway 
                        safety laws; and
                          (iii) projects to provide 
                        infrastructure and equipment to support 
                        emergency services.
          (7) State highway safety improvement program.--The 
        term ``State highway safety improvement program'' means 
        a program of highway safety improvement projects 
        carried out as part of the statewide transportation 
        improvement program under section 5204(g) of title 49.
          (8) State strategic highway safety plan.--The term 
        ``State strategic highway safety plan'' means a 
        comprehensive, data-driven safety plan developed in 
        accordance with subsection (c)(2).
  (b) In General.--The Secretary shall carry out a highway 
safety improvement program that is consistent with achieving a 
significant reduction in traffic fatalities and serious 
injuries on all public roads.
  (c) State Highway Safety Improvement Programs.--
          (1) In general.--To obligate funds apportioned under 
        section 104(b)(5) to carry out this section, a State 
        shall have in effect a State highway safety improvement 
        program that--
                  (A) includes a set of projects that are 
                consistent with the State strategic highway 
                safety plan of the State;
                  (B) satisfies the requirements of this 
                section; and
                  (C) is consistent with the State's statewide 
                transportation improvement program under 
                section 5204(g) of title 49.
          (2) Strategic highway safety plan.--As part of the 
        State highway safety improvement program of the State, 
        each State shall have in effect, update at least every 
        2 years, and submit to the Secretary a State strategic 
        highway safety plan that--
                  (A) is developed after consultation with--
                          (i) a highway safety representative 
                        of the Governor of the State;
                          (ii) regional transportation planning 
                        organizations and metropolitan planning 
                        organizations, if any;
                          (iii) representatives of major modes 
                        of transportation;
                          (iv) State and local traffic 
                        enforcement officials;
                          (v) representatives of entities 
                        conducting a Federal or State motor 
                        carrier safety program;
                          (vi) motor vehicle administration 
                        agencies;
                          (vii) a highway-rail grade crossing 
                        safety representative of the Governor 
                        of the State; and
                          (viii) other major Federal, State, 
                        tribal, regional, and local safety 
                        stakeholders;
                  (B) is approved by the Governor of the State 
                or a responsible State agency;
                  (C) defines State safety goals, including 
                with respect to performance measures 
                established under section 5206 of title 49;
                  (D) addresses engineering, management, 
                operation, education, enforcement, and 
                emergency services elements of highway safety 
                (including integrated, interoperable emergency 
                communications) as key factors in evaluating 
                highway projects;
                  (E) analyzes and makes effective use of 
                State, regional, and local safety data, 
                including data from the safety data system 
                required under subsection (e);
                  (F) considers the results of Federal, State, 
                regional, and local transportation and highway 
                safety planning processes; and
                  (G) considers the safety needs of, and high-
                fatality segments of, public roads.
          (3) Implementation.--
                  (A) Identification and analysis of highway 
                safety problems and opportunities.--As part of 
                the State highway safety improvement program of 
                the State, each State shall, including through 
                use of the safety data system required under 
                subsection (e)--
                          (i) identify roadway features that 
                        constitute a hazard to road users;
                          (ii) identify highway safety 
                        improvement projects on the basis of 
                        crash history (including crash rates), 
                        crash potential, or other data-
                        supported means;
                          (iii) establish the relative severity 
                        of the risks of roadway features based 
                        on crash, injury, fatality, traffic 
                        volume, and other relevant data 
                        (including the number and rates of 
                        crashes, injuries, and fatalities);
                          (iv) identify the 100 most dangerous 
                        roads in the State, including specific 
                        intersections and sections of roads, 
                        based on the risk factors described in 
                        clause (iii);
                          (v) consider whether highway safety 
                        improvement projects maximize 
                        opportunities to advance safety; and
                          (vi) in conjunction with the National 
                        Highway Traffic Safety Administration 
                        and the Federal Motor Carrier Safety 
                        Administration, evaluate the progress 
                        made each year in achieving State 
                        safety goals identified in the State 
                        strategic highway safety plan.
                  (B) Schedule of highway safety improvement 
                projects.--As part of the State highway safety 
                improvement program of the State, each State 
                shall, including through use of the safety data 
                system required under subsection (e)--
                          (i) identify highway safety 
                        improvement projects;
                          (ii) determine priorities for the 
                        correction of roadway features that 
                        constitute a hazard to road users as 
                        identified through safety data 
                        analysis; and
                          (iii) establish and implement a 
                        schedule of highway safety improvement 
                        projects to address roadway features 
                        identified as constituting a hazard to 
                        road users.
          (4) Eligible projects.--
                  (A) In general.--A State may obligate funds 
                apportioned to the State under section 
                104(b)(5) to carry out--
                          (i) any highway safety improvement 
                        project on any public road or publicly 
                        owned pathway or trail;
                          (ii) any project to put in effect or 
                        improve the safety data system required 
                        under subsection (e), without regard to 
                        whether the project is included in an 
                        applicable State strategic highway 
                        safety plan;
                          (iii) any project to maintain minimum 
                        levels of retroreflectivity with 
                        respect to a public road, without 
                        regard to whether the project is 
                        included in an applicable State 
                        strategic highway safety plan;
                          (iv) any project for roadway safety 
                        infrastructure improvements consistent 
                        with the recommendations included in 
                        the publication of the Federal Highway 
                        Administration entitled ``Highway 
                        Design Handbook for Older Drivers and 
                        Pedestrians'' (Publication number FHWA 
                        RD-01-103), or any successor 
                        publication; or
                          (v) as provided in subsection (d), 
                        other projects.
                  (B) Use of other funding for safety 
                improvement projects.--
                          (i) Effect of section.--Nothing in 
                        this section prohibits the use of funds 
                        made available under other provisions 
                        of this title for highway safety 
                        improvement projects.
                          (ii) Use of other funds.--States are 
                        encouraged to address the full scope of 
                        their safety needs and opportunities by 
                        using, for a highway safety improvement 
                        project, funds made available under 
                        other provisions of this title (except 
                        a provision that specifically prohibits 
                        that use).
                  (C) Automated traffic enforcement systems.--
                          (i) Prohibition.--A State may not 
                        obligate funds apportioned to the State 
                        under section 104(b) to carry out any 
                        program to purchase, operate, or 
                        maintain an automated traffic 
                        enforcement system.
                          (ii) Automated traffic enforcement 
                        system defined.--In this subparagraph, 
                        the term ``automated traffic 
                        enforcement system'' means automated 
                        technology that monitors compliance 
                        with traffic laws.
          (5) Updated state strategic highway safety plan 
        required.--
                  (A) In general.--A State may obligate funds 
                apportioned to the State under section 
                104(b)(5) for the second fiscal year beginning 
                after the date of enactment of the American 
                Energy and Infrastructure Jobs Act of 2012 only 
                if the State has in effect and has submitted to 
                the Secretary an updated State strategic 
                highway safety plan that satisfies requirements 
                under this subsection.
                  (B) Transition.--Before the second fiscal 
                year beginning after the date of enactment of 
                the American Energy and Infrastructure Jobs Act 
                of 2012, a State may obligate funds apportioned 
                to the State under section 104(b)(5) in a 
                manner consistent with a State strategic 
                highway safety plan of the State developed 
                before such date of enactment.
  (d) Flexible Funding.--To further the implementation of a 
State strategic highway safety plan and the achievement of 
performance measures established under section 5206 of title 
49, a State may use not more than 10 percent of the funds 
apportioned to the State under section 104(b)(5) for a fiscal 
year to carry out safety projects under any other section if--
          (1) the use is consistent with the State strategic 
        highway safety plan of the State; and
          (2) the State certifies to the Secretary that the 
        funds are being used for the most effective projects 
        for making progress toward achieving performance 
        measures established under section 5206 of title 49.
  (e)  Safety Data System.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of the American Energy and Infrastructure 
        Jobs Act of 2012, each State, as part of the State 
        highway safety improvement program of the State, shall 
        have in effect a safety data system to--
                  (A) collect and maintain a record of safety 
                data with respect to all public roads in the 
                State;
                  (B) advance the capabilities of the State 
                with respect to safety data collection, 
                analysis, and integration;
                  (C) identify roadway features that constitute 
                a hazard to road users; and
                  (D) perform safety problem identification and 
                countermeasure analysis.
          (2) Improvement efforts.--Each State shall carry out 
        projects, as needed, to ensure that the safety data 
        system of the State enhances--
                  (A) the timeliness, accuracy, completeness, 
                uniformity, and accessibility of safety data 
                with respect to all public roads in the State;
                  (B) the ability of the State to integrate all 
                safety data collected throughout the State;
                  (C) the ability of State and national safety 
                data systems to be compatible and 
                interoperable;
                  (D) the ability of the Secretary to observe 
                and analyze national trends in crash rates, 
                outcomes, and circumstances; and
                  (E) the collection of data on crashes that 
                involve a bicyclist or pedestrian.
          (3) Evaluation of improvement efforts.--Each State 
        shall collect and maintain a record of projects 
        undertaken to improve the safety data system of the 
        State and shall evaluate the effectiveness of such 
        projects.
  (f) Transparency.--A State shall make all plans and reports 
submitted to the Secretary under this section available to the 
public through--
          (1) the Internet Web site of the State transportation 
        department of the State; or
          (2) such other means as the Secretary determines to 
        be appropriate.
  (g) Discovery and Admission Into Evidence of Certain Reports, 
Surveys, and Information.--Notwithstanding any other provision 
of law, reports, surveys, schedules, lists, or data compiled or 
collected for any purpose directly relating to this section, or 
published in accordance with subsection (f), shall not be 
subject to discovery or admitted into evidence in a Federal or 
State court proceeding or considered for other purposes in any 
action for damages arising from any occurrence at a location 
identified or addressed in such reports, surveys, schedules, 
lists, or other data.
  (h) Federal Share of Highway Safety Improvement Projects.--
The Federal share of the cost of a highway safety improvement 
project carried out with funds apportioned to a State under 
section 104(b)(5) shall be 90 percent, unless a Federal share 
exceeding 90 percent would apply to the project under section 
120 or 130.

Sec. 149. Congestion mitigation and air quality improvement program

  (a) * * *
  [(b) Eligible Projects.--Except as provided in subsection 
(c), a State may obligate funds apportioned to it under section 
104(b)(2) for the congestion mitigation and air quality 
improvement program only for a transportation project or 
program if the project or program is for an area in the State 
that is or was designated as a nonattainment area for ozone, 
carbon monoxide, or particulate matter under section 107(d) of 
the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant 
to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air 
Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is or 
was designated as a nonattainment area under such section 
107(d) after December 31, 1997, or is required to prepare, and 
file with the Administrator of the Environmental Protection 
Agency, maintenance plans under the Clean Air Act (42 U.S.C. 
7401 et seq.) and--
          [(1)(A)(i) if the Secretary, after consultation with 
        the Administrator determines, on the basis of 
        information published by the Environmental Protection 
        Agency pursuant to section 108(f)(1)(A) of the Clean 
        Air Act (other than clause (xvi)) that the project or 
        program is likely to contribute to--
                  [(I) the attainment of a national ambient air 
                quality standard; or
                  [(II) the maintenance of a national ambient 
                air quality standard in a maintenance area; and
          [(ii) a high level of effectiveness in reducing air 
        pollution, in cases of projects or programs where 
        sufficient information is available in the database 
        established pursuant to subsection (h) to determine the 
        relative effectiveness of such projects or programs; 
        or,
          [(B) in any case in which such information is not 
        available, if the Secretary, after such consultation, 
        determines that the project or program is part of a 
        program, method, or strategy described in such section 
        108(f)(1)(A);
          [(2) if the project or program is included in a State 
        implementation plan that has been approved pursuant to 
        the Clean Air Act and the project will have air quality 
        benefits;
          [(3) the Secretary, after consultation with the 
        Administrator of the Environmental Protection Agency, 
        determines that the project or program is likely to 
        contribute to the attainment of a national ambient air 
        quality standard, whether through reductions in vehicle 
        miles traveled, fuel consumption, or through other 
        factors;
          [(4) to establish or operate a traffic monitoring, 
        management, and control facility or program if the 
        Secretary, after consultation with the Administrator of 
        the Environmental Protection Agency, determines that 
        the facility or program, including advanced truck stop 
        electrification systems, is likely to contribute to the 
        attainment of a national ambient air quality standard;
          [(5) if the program or project improves traffic flow, 
        including projects to improve signalization, construct 
        high occupancy vehicle lanes, improve intersections, 
        improve transportation systems management and 
        operations that mitigate congestion and improve air 
        quality, and implement intelligent transportation 
        system strategies and such other projects that are 
        eligible for assistance under this section on the day 
        before the date of enactment of this paragraph;
          [(6) if the project or program involves the purchase 
        of integrated, interoperable emergency communications 
        equipment; or
          [(7) if the project or program is for--
                  [(A) the purchase of diesel retrofits that 
                are--
                          [(i) for motor vehicles (as defined 
                        in section 216 of the Clean Air Act (42 
                        U.S.C. 7550)); or
                          [(ii) published in the list under 
                        subsection (f)(2) for non-road vehicles 
                        and non-road engines (as defined in 
                        section 216 of the Clean Air Act (42 
                        U.S.C. 7550)) that are used in 
                        construction projects that are--
                                  [(I) located in nonattainment 
                                or maintenance areas for ozone, 
                                PM10, or 
                                PM2.5 (as defined 
                                under the Clean Air Act (42 
                                U.S.C. 7401 et seq.)); and
                                  [(II) funded, in whole or in 
                                part, under this title; or
                  [(B) the conduct of outreach activities that 
                are designed to provide information and 
                technical assistance to the owners and 
                operators of diesel equipment and vehicles 
                regarding the purchase and installation of 
                diesel retrofits.
No funds may be provided under this section for a project which 
will result in the construction of new capacity available to 
single occupant vehicles unless the project consists of a high 
occupancy vehicle facility available to single occupant 
vehicles only at other than peak travel times. In areas of a 
State which are nonattainment for ozone or carbon monoxide, or 
both, and for PM-10 resulting from transportation activities, 
the State may obligate such funds for any project or program 
under paragraph (1) or (2) without regard to any limitation of 
the Department of Transportation relating to the type of 
ambient air quality standard such project or program 
addresses.]
  (b) Eligible Projects.--
          (1) In general.--
                  (A) Requirements for obligation of funds.--A 
                State may obligate funds apportioned to the 
                State under section 104(b)(2) for a 
                transportation project or program if the 
                project or program meets the requirements of 
                subparagraph (B) and (C).
                  (B) Area served by project or program.--A 
                project or program meets the requirements of 
                this subparagraph if the project or program is 
                for an area in the State that--
                          (i) is or was designated as a 
                        nonattainment area for ozone, carbon 
                        monoxide, or particulate matter under 
                        section 107(d) of the Clean Air Act (42 
                        U.S.C. 7407(d)) and classified pursuant 
                        to section 181(a), 186(a), 188(a), or 
                        188(b) of the Clean Air Act (42 U.S.C. 
                        7511(a), 7512(a), 7513(a), or 7513(b));
                          (ii) is or was designated as a 
                        nonattainment area under such section 
                        107(d) after December 31, 1997; or
                          (iii) is required to prepare, and 
                        file with the Administrator of the 
                        Environmental Protection Agency, 
                        maintenance plans under the Clean Air 
                        Act (42 U.S.C. 7505a).
                  (C) Purpose of project or program.--A project 
                or program meets the requirements of this 
                subparagraph if--
                          (i) the Secretary, after consultation 
                        with the Administrator, determines 
                        that--
                                  (I) on the basis of 
                                information published by the 
                                Environmental Protection Agency 
                                pursuant to section 
                                108(f)(1)(A) of the Clean Air 
                                Act (other than clause (xvi) of 
                                such section), the project or 
                                program is likely to contribute 
                                to--
                                          (aa) the attainment 
                                        of a national ambient 
                                        air quality standard; 
                                        or
                                          (bb) the maintenance 
                                        of a national ambient 
                                        air quality standard in 
                                        a maintenance area; or
                                  (II) the project or program 
                                is part of a program, method, 
                                or strategy described in such 
                                section 108(f)(1)(A);
                          (ii) the project or program is 
                        included in a State implementation plan 
                        that has been approved pursuant to the 
                        Clean Air Act and the project will have 
                        air quality benefits;
                          (iii) the Secretary, after 
                        consultation with the Administrator, 
                        determines that the project or program 
                        is likely to contribute to the 
                        attainment of a national ambient air 
                        quality standard through reductions in 
                        travel time delay, vehicle miles 
                        traveled, or fuel consumption or 
                        through other factors; or
                          (iv) the Secretary determines that 
                        the project or program is likely to 
                        contribute to the mitigation of 
                        congestion.
          (2) Special rules.--
                  (A) Projects resulting in new capacity for 
                single occupant vehicles.--A State may obligate 
                funds apportioned to the State under section 
                104(b)(2) for a project or program that will 
                result in the construction of new capacity 
                available to single occupant vehicles only if 
                the project or program is likely to contribute 
                to the mitigation of congestion or the 
                improvement of air quality.
                  (B) Projects for pm-10 nonattainment areas.--
                A State may obligate funds apportioned to the 
                State under section 104(b)(2) for a project or 
                program for an area that is nonattainment for 
                ozone or carbon monoxide, or both, and for PM-
                10 resulting from transportation activities, 
                without regard to any limitation of the 
                Department of Transportation relating to the 
                type of ambient air quality standard such 
                project or program addresses.
                  (C) Electric vehicle infrastructure.--A State 
                may obligate funds apportioned under section 
                104(b)(2) or 104(b)(3) for a project or program 
                to establish or support the establishment of 
                electric vehicle battery charging or changing 
                facilities at any location in the State. Such 
                projects or programs may be carried out by a 
                State or local agency or through a public-
                private partnership.

           *       *       *       *       *       *       *

  [(f) Cost-Effective Emission Reduction Guidance.--
          [(1) Definitions.--In this subsection, the following 
        definitions apply:
                  [(A) Administrator.--The term 
                ``Administrator'' means the Administrator of 
                the Environmental Protection Agency.
                  [(B) Diesel retrofit.--The term ``diesel 
                retrofit'' means a replacement, repowering, 
                rebuilding, after treatment, or other 
                technology, as determined by the Administrator.
          [(2) Emission reduction guidance.--The Administrator, 
        in consultation with the Secretary, shall publish a 
        list of diesel retrofit technologies and supporting 
        technical information for--
                  [(A) diesel emission reduction technologies 
                certified or verified by the Administrator, the 
                California Air Resources Board, or any other 
                entity recognized by the Administrator for the 
                same purpose;
                  [(B) diesel emission reduction technologies 
                identified by the Administrator as having an 
                application and approvable test plan for 
                verification by the Administrator or the 
                California Air Resources Board that is 
                submitted not later that 18 months of the date 
                of enactment of this subsection;
                  [(C) available information regarding the 
                emission reduction effectiveness and cost 
                effectiveness of technologies identified in 
                this paragraph, taking into consideration air 
                quality and health effects.
          [(3) Priority.--
                  [(A) In general.--States and metropolitan 
                planning organizations shall give priority in 
                distributing funds received for congestion 
                mitigation and air quality projects and 
                programs from apportionments derived from 
                application of sections 104(b)(2)(B) and 
                104(b)(2)(C) to--
                          [(i) diesel retrofits, particularly 
                        where necessary to facilitate contract 
                        compliance, and other cost-effective 
                        emission reduction activities, taking 
                        into consideration air quality and 
                        health effects; and
                          [(ii) cost-effective congestion 
                        mitigation activities that provide air 
                        quality benefits.
                  [(B) Savings.--This paragraph is not intended 
                to disturb the existing authorities and roles 
                of governmental agencies in making final 
                project selections.
          [(4) No effect on authority or restrictions.--Nothing 
        in this subsection modifies or otherwise affects any 
        authority or restriction established under the Clean 
        Air Act (42 U.S.C. 7401 et seq.) or any other law 
        (other than provisions of this title relating to 
        congestion mitigation and air quality).]
  [(g)] (f) Interagency Consultation.--The Secretary shall 
encourage States and metropolitan planning organizations to 
consult with State and local air quality agencies in 
nonattainment and maintenance areas on the estimated emission 
reductions from proposed congestion mitigation and air quality 
improvement programs and projects.
  [(h)] (g) Evaluation and Assessment of Projects.--
  (1) * * *

           *       *       *       *       *       *       *

[Sec. 151. National bridge inspection program

  [(a) National Bridge Inspection Standards.--The Secretary, in 
consultation with the State transportation departments and 
interested and knowledgeable private organizations and 
individuals, shall establish national bridge inspection 
standards for the proper safety inspection and evaluation of 
all highway bridges.
  [(b) Minimum Requirements of Inspection Standards.--The 
standards established under subsection (a) shall, at a 
minimum--
          [(1) specify, in detail, the method by which such 
        inspections shall be carried out by the States;
          [(2) establish the maximum time period between 
        inspections;
          [(3) establish the qualification for those charged 
        with carrying out the inspections;
          [(4) require each State to maintain and make 
        available to the Secretary upon request--
                  [(A) written reports on the results of 
                highway bridge inspections together with 
                notations of any action taken pursuant to the 
                findings of such inspections; and
                  [(B) current inventory data for all highway 
                bridges reflecting the findings of the most 
                recent highway bridge inspections conducted; 
                and
          [(5) establish a procedure for national certification 
        of highway bridge inspectors.
  [(c) Training Program for Bridge Inspectors.--The Secretary, 
in cooperation with the State transportation departments, shall 
establish a program designed to train appropriate governmental 
employees to carry out highway bridge inspections. Such 
training program shall be revised from time to time to take 
into account new and improved techniques.
  [(d) Availability of Funds.--To carry out this section, the 
Secretary may use funds made available pursuant to the 
provisions of section 104(a), section 502, and section 144 of 
this title.

[Sec. 152. Hazard elimination program

  [(a) In General.--
          [(1) Program.--Each State shall conduct and 
        systematically maintain an engineering survey of all 
        public roads to identify hazardous locations, sections, 
        and elements, including roadside obstacles and unmarked 
        or poorly marked roads, which may constitute a danger 
        to motorists, bicyclists, and pedestrians, assign 
        priorities for the correction of such locations, 
        sections, and elements, and establish and implement a 
        schedule of projects for their improvement.
          [(2) Hazards.--In carrying out paragraph (1), a State 
        may, at its discretion--
                  [(A) identify, through a survey, hazards to 
                motorists, bicyclists, pedestrians, and users 
                of highway facilities; and
                  [(B) develop and implement projects and 
                programs to address the hazards.
  [(b) The Secretary may approve as a project under this 
section any safety improvement project, including a project 
described in subsection (a).
  [(c) Funds authorized to carry out this section shall be 
available for expenditure on--
          [(1) any public road;
          [(2) any public surface transportation facility or 
        any publicly owned bicycle or pedestrian pathway or 
        trail; or
          [(3) any traffic calming measure.
  [(d) The Federal share payable on account of any project 
under this section shall be 90 percent of the cost thereof.
  [(e) Funds authorized to be appropriated to carry out this 
section shall be available for obligation in the same manner 
and to the same extent as if such funds were apportioned under 
section 104(b), except that the Secretary is authorized to 
waive provisions he deems inconsistent with the purposes of 
this section.
  [(f) Each State shall establish an evaluation process 
approved by the Secretary, to analyze and assess results 
achieved by safety improvement projects carried out in 
accordance with procedures and criteria established by this 
section. Such evaluation process shall develop cost-benefit 
data for various types of corrections and treatments which 
shall be used in setting priorities for safety improvement 
projects.
  [(g) Each State shall report to the Secretary of 
Transportation not later than December 30 of each year, on the 
progress being made to implement safety improvement projects 
for hazard elimination and the effectiveness of such 
improvements. Each State report shall contain an assessment of 
the cost of, and safety benefits derived from, the various 
means and methods used to mitigate or eliminate hazards and the 
previous and subsequent accident experience at these locations. 
The Secretary of Transportation shall submit a report to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives not later than April 1 of each year on the 
progress being made by the States in implementing the hazard 
elimination program (including but not limited to any projects 
for pavement marking). The report shall include, but not be 
limited to, the number of projects undertaken, their 
distribution by cost range, road system, means and methods 
used, and the previous and subsequent accident experience at 
improved locations. In addition, the Secretary's report shall 
analyze and evaluate each State program, identify any State 
found not to be in compliance with the schedule of improvements 
required by subsection (a) and include recommendations for 
future implementation of the hazard elimination program.
  [(h) For the purposes of this section the term ``State'' 
shall have the meaning given it in section 401 of this title.]

Sec. 151. National highway bridge and tunnel inventory and inspection 
                    program

  (a) National Highway Bridge and Tunnel Inventory.--The 
Secretary, in consultation with the States and Federal agencies 
with jurisdiction over highway bridges and tunnels, shall--
          (1) inventory all bridges on public roads, on and off 
        Federal-aid highways, including tribally owned and 
        federally owned bridges, that are over waterways, other 
        topographical barriers, other highways, and railroads;
          (2) inventory all tunnels on public roads, on and off 
        Federal-aid highways, including tribally owned and 
        federally owned tunnels;
          (3) identify each bridge or tunnel inventoried under 
        paragraph (1) or (2) that is structurally deficient or 
        functionally obsolete;
          (4) assign a risk-based priority for replacement or 
        rehabilitation of each structurally deficient bridge or 
        tunnel identified under paragraph (3) after 
        consideration of safety, serviceability, and 
        essentiality for public use, including the potential 
        impacts to emergency evacuation routes and to regional 
        and national freight and passenger mobility if the 
        serviceability of the bridge or tunnel is diminished; 
        and
          (5) determine the cost of replacing each structurally 
        deficient bridge or tunnel identified under paragraph 
        (3) with a comparable facility or the cost of 
        rehabilitating the bridge or tunnel.
  (b) National Highway Bridge and Tunnel Inspection 
Standards.--
          (1) In general.--The Secretary shall establish and 
        maintain inspection standards for the proper safety 
        inspection and evaluation of all highway bridges and 
        tunnels described in subsections (a)(1) and (a)(2). The 
        standards shall be designed to ensure uniformity in the 
        conduct of such inspections and evaluations.
          (2) Minimum requirements for inspection standards.--
        At a minimum, the standards established under paragraph 
        (1) shall--
                  (A) specify, in detail, the method by which 
                inspections will be carried out by States, 
                Federal agencies, and tribal governments;
                  (B) establish the maximum time period between 
                inspections;
                  (C) establish the qualifications for those 
                charged with carrying out inspections;
                  (D) require each State, Federal agency, and 
                tribal government to maintain and make 
                available to the Secretary upon request--
                          (i) written reports on the results of 
                        highway bridge and tunnel inspections, 
                        together with notations of any action 
                        taken pursuant to the findings of such 
                        inspections; and
                          (ii) inventory data for all highway 
                        bridges and tunnels described in 
                        subsections (a)(1) and (a)(2) under the 
                        jurisdiction of the State, Federal 
                        agency, or tribal government that 
                        reflect the findings of the most recent 
                        highway bridge and tunnel inspections;
                  (E) establish a procedure for national 
                certification of highway bridge and tunnel 
                inspectors;
                  (F) establish, in consultation with the 
                States, Federal agencies, and interested and 
                knowledgeable private organizations and 
                individuals, procedures for the Secretary to 
                conduct reviews of State and Federal agency 
                compliance with the standards established under 
                this subsection; and
                  (G) establish, in consultation with the 
                States, Federal agencies, and interested and 
                knowledgeable private organizations and 
                individuals, procedures for the States to 
                follow in reporting to the Secretary--
                          (i) critical findings relating to 
                        structural safety-related deficiencies 
                        of highway bridges and tunnels; and
                          (ii) monitoring activities and 
                        corrective actions taken in response to 
                        a critical finding described in clause 
                        (i).
          (3) Compliance requirements.--
                  (A) Reviews of state compliance.--The 
                Secretary shall annually review State 
                compliance with the standards established under 
                this section.
                  (B) Findings of noncompliance.--If the 
                Secretary identifies noncompliance by a State 
                in conducting an annual review under 
                subparagraph (A), the Secretary shall issue a 
                report detailing the noncompliance by December 
                31 of the calendar year in which the review is 
                conducted and shall provide the State an 
                opportunity to address the noncompliance by--
                          (i) developing a corrective action 
                        plan to remedy the noncompliance; or
                          (ii) resolving the noncompliance 
                        within 45 days of receiving 
                        notification of the noncompliance.
          (4) Penalty for noncompliance.--
                  (A) Funding requirement.--If the Secretary 
                identifies noncompliance by a State in 
                conducting an annual review under paragraph 
                (3)(A) in a calendar year, and the State fails 
                to address the noncompliance in the manner 
                described in paragraph (3)(B) by August 1 of 
                the succeeding year, on October 1 of such 
                succeeding year, and each year thereafter as 
                necessary, the Secretary shall require the 
                State to dedicate funds apportioned to the 
                State under sections 104(b)(1) and 104(b)(3) to 
                correct the noncompliance.
                  (B) Amount.--The amount of the funds 
                dedicated to correcting the noncompliance in 
                accordance with subparagraph (A) shall--
                          (i) be determined by the State based 
                        on an analysis of the actions needed to 
                        address the noncompliance; and
                          (ii) require approval by the 
                        Secretary.
  (c) Training Program for Bridge and Tunnel Inspectors.--The 
Secretary, in cooperation with State transportation 
departments, shall establish a program designed to train 
appropriate personnel to carry out highway bridge and tunnel 
inspections.
  (d) Availability of Funds.--In carrying out this section--
          (1) the Secretary may use funds made available to the 
        Secretary under sections 104(a) and 503;
          (2) a State may use amounts apportioned to the State 
        under sections 104(b)(1), 104(b)(3), and 104(b)(5);
          (3) an Indian tribe may use funds made available to 
        the Indian tribe under section 502; and
          (4) a Federal agency may use funds made available to 
        the agency under section 503.

           *       *       *       *       *       *       *

[Sec. 155. Access highways to public recreation areas on certain lakes

  [(a) The Secretary is authorized to construct or reconstruct 
access highways to public recreation areas on lakes in order to 
accommodate present and projected traffic density. The 
Secretary shall develop guidelines and standards for the 
designation of routes and the allocation of funds for the 
purpose of this section which shall include the following 
criteria:
          [(1) No portion of any access highway constructed or 
        reconstructed under this section shall exceed thirty-
        five miles in length nor shall any portion of such 
        highway be located more than thirty-five miles from the 
        nearest part of such recreation area.
          [(2) Routes shall be designated by the Secretary on 
        the recommendation of the State and responsible local 
        officials, after consultation with the head of the 
        Federal agency (if any) having jurisdiction over the 
        public recreation area involved.
  [(b) The Federal share payable on account of any project 
authorized pursuant to this section shall not exceed 75 per 
centum of the cost of construction or reconstruction of such 
project.
  [(c) All of the provisions of this title applicable to 
highways on the Federal-aid system (other than the Interstate 
System) determined appropriate by the Secretary, except those 
provisions which the Secretary determines are inconsistent with 
this section, shall apply to any highway designated under this 
section which is not a part of the Federal-aid system when so 
designated.
  [(d) For the purpose of this section the term ``lake'' means 
any lake, reservoir, pool, or other body of water resulting 
from the construction of any lock, dam, or similar structure by 
the Corps of Engineers, Department of the Army, or the Bureau 
of Reclamation, Department of the Interior, or the Tennessee 
Valley Authority, and any multipurpose lake resulting from 
construction assistance of the Soil Conservation Service, 
Department of Agriculture. This section shall apply to lakes 
heretofore or hereafter constructed or authorized for 
construction.
  [(e) There is authorized to be appropriated not to exceed 
$25,000,000 for the fiscal year 1976 to carry out this section. 
Amounts authorized by this subsection for a fiscal year shall 
be available for that fiscal year and for the two succeeding 
fiscal years.]

Sec. 156. [Proceeds from the sale or lease of real property] Sale or 
                    lease of real property

  (a) * * *

           *       *       *       *       *       *       *

  (d) Assessment of Adverse Effects.--Notwithstanding part 800 
of title 36, Code of Federal Regulations, the sale or lease by 
a State of any historic property that is not listed in the 
National Register of Historic Places shall not be considered an 
adverse effect to the property within any consultation process 
carried out under section 106 of the National Historic 
Preservation Act (16 U.S.C. 470f).

[Sec. 157. Safety incentive grants for use of seat belts

  [(a) Definitions.--In this section, the following definitions 
apply:
          [(1) Motor vehicle.--The term ``motor vehicle'' means 
        a vehicle driven or drawn by mechanical power and 
        manufactured primarily for use on public highways, but 
        does not include a vehicle operated solely on a rail 
        line.
          [(2) Multipurpose passenger motor vehicle.--The term 
        ``multipurpose passenger motor vehicle'' means a motor 
        vehicle with motive power (except a trailer), designed 
        to carry not more than 10 individuals, that is 
        constructed on a truck chassis or is constructed with 
        special features for occasional off-road operation.
          [(3) National average seat belt use rate.--The term 
        ``national average seat belt use rate'' means, in the 
        case of each of calendar years 1996 through 2003, the 
        national average seat belt use rate for that year, as 
        determined by the Secretary.
          [(4) Passenger car.--The term ``passenger car'' means 
        a motor vehicle with motive power (except a 
        multipurpose passenger motor vehicle, motorcycle, or 
        trailer) designed to carry not more than 10 
        individuals.
          [(5) Passenger motor vehicle.--The term ``passenger 
        motor vehicle'' means a passenger car or a multipurpose 
        passenger motor vehicle.
          [(6) Savings to the Federal Government.--The term 
        ``savings to the Federal Government'' means the amount 
        of Federal budget savings relating to Federal medical 
        costs (including savings under the medicare and 
        medicaid programs under titles XVIII and XIX of the 
        Social Security Act (42 U.S.C. 1395 et seq.)), as 
        determined by the Secretary.
          [(7) Seat belt.--The term ``seat belt'' means--
                  [(A) with respect to an open-body passenger 
                motor vehicle, including a convertible, an 
                occupant restraint system consisting of a lap 
                belt or a lap belt and a detachable shoulder 
                belt; and
                  [(B) with respect to any other passenger 
                motor vehicle, an occupant restraint system 
                consisting of integrated lap and shoulder 
                belts.
          [(8) State seat belt use rate.--The term ``State seat 
        belt use rate'' means the rate of use of seat belts in 
        passenger motor vehicles in a State, as measured and 
        submitted to the Secretary--
                  [(A) for each of calendar years 1996 and 
                1997, by the State, as weighted by the 
                Secretary to ensure national consistency in 
                methods of measurement (as determined by the 
                Secretary); and
                  [(B) for each of calendar years 1998 through 
                2003, by the State in a manner consistent with 
                the criteria established by the Secretary under 
                subsection (e).
  [(b) Determinations by the Secretary.--Not later than 
September 1, 1998, and September 1 of each calendar year 
thereafter through September 1, 2005, the Secretary shall 
determine--
          [(1)(A) which States had, for each of the previous 
        calendar years (in this subsection referred to as the 
        ``previous calendar year'') and the year preceding the 
        previous calendar year, a State seat belt use rate 
        greater than the national average seat belt use rate 
        for that year; and
          [(B) in the case of each State described in 
        subparagraph (A), the amount that is equal to the 
        savings to the Federal Government due to the amount by 
        which the State seat belt use rate for the previous 
        calendar year exceeds the national average seat belt 
        use rate for that year; and
          [(2) in the case of each State that is not a State 
        described in paragraph (1)(A)--
                  [(A) the base seat belt use rate of the 
                State, which shall be equal to the highest 
                State seat belt use rate for the State for any 
                calendar year during the period of 1996 through 
                the calendar year preceding the previous 
                calendar year; and
                  [(B) the amount that is equal to the savings 
                to the Federal Government due to any increase 
                in the State seat belt use rate for the 
                previous calendar year over the base seat belt 
                use rate determined under subparagraph (A).
  [(c) Allocations.--
          [(1) States with greater than the national average 
        seat belt use rate.--Not later than October 1, 1998, 
        and each October 1 thereafter through October 1, 2004, 
        the Secretary shall allocate to each State described in 
        subsection (b)(1)(A) an amount equal to the amount 
        determined for the State under subsection (b)(1)(B).
          [(2) Other States.--Not later than October 1, 1998, 
        and each October 1 thereafter through October 1, 2004, 
        the Secretary shall allocate to each State described in 
        subsection (b)(2) an amount equal to the amount 
        determined for the State under subsection (b)(2)(B).
  [(d) Use of Amounts.--For each fiscal year, each State that 
is allocated an amount under this section shall use the amount 
for projects eligible for assistance under this title.
  [(e) Criteria.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall establish 
criteria for the measurement of State seat belt use rates by 
States to ensure that the measurements are accurate and 
representative.
  [(f) Innovative Seat Belt Project Allocations.--
          [(1) In general.--The Secretary shall use amounts 
        made available under subsection (g)(3) to make 
        allocations to States to carry out innovative projects 
        to promote increased seat belt use rates.
          [(2) Determination of eligibility.--To be eligible to 
        receive an allocation under this subsection for a 
        fiscal year, a State shall--
                  [(A) develop a plan for innovative projects 
                described in paragraph (1); and
                  [(B) submit the plan to the Secretary not 
                later than March 1 of the fiscal year.
          [(3) Plan selection.--
                  [(A) Criteria.--Not later than December 1, 
                1998, the Secretary shall establish criteria 
                for the selection of State plans for 
                allocations under this subsection.
                  [(B) Selection.--The Secretary shall select 
                State plans for allocations under this 
                subsection in accordance with the criteria 
                established under subparagraph (A).
                  [(C) States.--In carrying out this paragraph, 
                the Secretary shall ensure, to the maximum 
                extent practicable, demographic and geographic 
                diversity and a diversity of seat belt use 
                rates among the States selected for 
                allocations.
          [(4) Allocation.--Not later than October 1, 1999, and 
        each October 1 thereafter through October 1, 2004, the 
        Secretary shall allocate funds to the States whose 
        plans were selected under paragraph (3).
          [(5) Amount of allocations.--Subject to the 
        availability of unallocated amounts under subsection 
        (g)(3), the amount of each allocation to a State under 
        this subsection shall be not less than $100,000 for 
        each fiscal year that is covered by a State plan.
          [(6) Use of allocations.--An allocation to a State 
        under this subsection shall be used to carry out the 
        innovative seat belt projects described in the State 
        plan for which the allocation is awarded.
          [(7) Federal share.--The Federal share of the cost of 
        an innovative seat belt project under this section 
        shall be 100 percent.
          [(8) Period of availability.--Amounts allocated to a 
        State under this subsection shall remain available for 
        obligation in the State for a period of 3 years after 
        the last day of the fiscal year for which the amounts 
        are allocated.
  [(g) Funding.--
          [(1) In general.--There is authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to carry out this section 
        $82,000,000 for fiscal year 1999, $92,000,000 for 
        fiscal year 2000, $102,000,000 for fiscal year 2001, 
        $112,000,000 for fiscal year 2002, $112,000,000 for 
        fiscal year 2003, $112,000,000 for fiscal year 2004, 
        and $112,000,000 for fiscal year 2005.
          [(2) Proportionate adjustment.--If the total amounts 
        to be allocated under subsection (c) for any fiscal 
        year would exceed the amounts authorized for the fiscal 
        year under paragraph (1), the allocation to each State 
        under subsection (c) shall be reduced proportionately.
          [(3) Use of unallocated funds.--
                  [(A) Fiscal year 1999.--To the extent that 
                the amounts made available for fiscal year 1999 
                under paragraph (1) exceed the total amounts to 
                be allocated under subsection (c) for fiscal 
                year 1999, the excess amounts--
                          [(i) shall be apportioned in 
                        accordance with section 104(b)(3);
                          [(ii) shall be considered to be sums 
                        made available for expenditure on the 
                        surface transportation program, except 
                        that the amounts shall not be subject 
                        to section 133(d); and
                          [(iii) shall be available for any 
                        purpose eligible for funding under 
                        section 133.
                  [(B) Fiscal years 2000 through 2005.--To the 
                extent that the amounts made available for any 
                of fiscal years 2000 through 2005 under 
                paragraph (1) exceed the total amounts to be 
                allocated under subsection (c) for the fiscal 
                year, the excess amounts shall be used to make 
                allocations under subsection (f).]

           *       *       *       *       *       *       *

[Sec. 160. Reimbursement for segments of the Interstate System 
                    constructed without Federal assistance

  [(a) General Authority.--The Secretary shall allocate to the 
States in each of fiscal years 1996 and 1997 amounts determined 
under subsection (b) for reimbursement of their original 
contributions to construction of segments of the Interstate 
System which were constructed without Federal financial 
assistance.
  [(b) Determination of Reimbursement Amount.--The amount to be 
reimbursed to a State in each of fiscal years 1996 and 1997 
under this section shall be determined by multiplying the 
amount made available for carrying out this section for such 
fiscal year by the reimbursement percentage set forth in the 
table contained in subsection (c).
  [(c) Reimbursement Table.--For purposes of carrying out this 
section, the reimbursement percentage, the original cost for 
constructing the Interstate System, and the total reimbursable 
amount for each State is set forth in the following table:

------------------------------------------------------------------------
                 Original cost      Reimbursement        Reimbursable
    [States       in millions         percentage      amount in millions
------------------------------------------------------------------------
Alabama         $9               0.50                 $147
Alaska          ...............  0.50                 147
Arizona         20               0.50                 147
Arkansas        6                0.50                 147
California      298              5.42                 1,591
Colorado        23               0.50                 147
Connecticut     314              5.71                 1,676
Delaware        39               0.71                 209
Florida         31               0.56                 164
Georgia         46               0.84                 246
Hawaii          ...............  0.50                 147
Idaho           5                0.50                 147
Illinois        475              8.62                 2,533
Indiana         167              3.03                 892
Iowa            5                0.50                 147
Kansas          101              1.84                 540
Kentucky        32               0.57                 169
Louisiana       22               0.50                 147
Maine           38               0.69                 204
Maryland        154              2.79                 820
Massachusetts   283              5.14                 1,511
Michigan        228              4.14                 1,218
Minnesota       16               0.50                 147
Mississippi     6                0.50                 147
Missouri        74               1.35                 396
Montana         5                0.50                 147
Nebraska        1                0.50                 147
Nevada          2                0.50                 147
New Hampshire   8                0.50                 147
New Jersey      353              6.41                 1,882
New Mexico      8                0.50                 147
New York        929              16.88                4,960
North Carolina  36               0.65                 191
North Dakota    3                0.50                 147
Ohio            257              4.68                 1,374
Oklahoma        91               1.66                 486
Oregon          78               1.42                 417
Pennsylvania    354              6.43                 1,888
Rhode Island    12               0.50                 147
South Carolina  4                0.50                 147
South Dakota    5                0.50                 147
Tennessee       7                0.50                 147
Texas           200              3.64                 1,069
Utah            6                0.50                 147
Vermont         1                0.50                 147
Virginia        111              2.01                 591
Washington      73               1.32                 389
West Virginia   5                0.50                 147
Wisconsin       8                0.50                 147
Wyoming         9                0.50                 147
D.C.            9                0.50                 147
TOTALS          $4,967           100.00               $29,384
------------------------------------------------------------------------

  [(d) Transfer of Reimbursable Amounts to STP Apportionment.--
Subject to subsection (e) of this section, the Secretary shall 
transfer amounts allocated to a State pursuant to this section 
to the apportionment of such State under section 104(b)(3) for 
the surface transportation program.
  [(e) Limitation on Applicability of Certain Requirements of 
STP Program.--The following provisions of section 133 of this 
title shall not apply to 1/2 of the amounts transferred under 
subsection (d) to the apportionment of the State for the 
surface transportation program:
          [(1) Subsection (d)(1).
          [(2) Subsection (d)(2).
          [(3) Subsection (d)(3).
  [(f) Authorization of Appropriations.--There is authorized to 
be appropriated, out of the Highway Trust Fund (other than the 
Mass Transit Account), $2,000,000,000 per fiscal year for each 
of fiscal years 1996 and 1997 to carryout this section.]

           *       *       *       *       *       *       *

[Sec. 162. National scenic byways program

  [(a) Designation of Roads.--
          [(1) In general.--The Secretary shall carry out a 
        national scenic byways program that recognizes roads 
        having outstanding scenic, historic, cultural, natural, 
        recreational, and archaeological qualities by 
        designating the roads as--
                  [(A) National Scenic Byways;
                  [(B) All-American Roads; or
                  [(C) America's Byways.
          [(2) Criteria.--The Secretary shall designate roads 
        to be recognized under the national scenic byways 
        program in accordance with criteria developed by the 
        Secretary.
          [(3) Nomination.--
                  [(A) In general.--To be considered for a 
                designation, a road must be nominated by a 
                State, an Indian tribe, or a Federal land 
                management agency and must first be designated 
                as a State scenic byway, an Indian tribe scenic 
                byway, or, in the case of a road on Federal 
                land, as a Federal land management agency 
                byway.
                  [(B) Nomination by Indian tribes.--An Indian 
                tribe may nominate a road as a National Scenic 
                Byway, an All-American Road, or one of 
                America's Byways under paragraph (1) only if a 
                Federal land management agency (other than the 
                Bureau of Indian Affairs), a State, or a 
                political subdivision of a State does not 
                have--
                          [(i) jurisdiction over the road; or
                          [(ii) responsibility for managing the 
                        road.
                  [(C) Safety.--An Indian tribe shall maintain 
                the safety and quality of roads nominated by 
                the Indian tribe under subparagraph (A).
          [(4) Reciprocal notification.--States, Indian tribes, 
        and Federal land management agencies shall notify each 
        other regarding nominations made under this subsection 
        for roads that--
                  [(A) are within the jurisdictional boundary 
                of the State, Federal land management agency, 
                or Indian tribe; or
                  [(B) directly connect to roads for which the 
                State, Federal land management agency, or 
                Indian tribe is responsible.
  [(b) Grants and Technical Assistance.--
          [(1) In general.--The Secretary shall make grants and 
        provide technical assistance to States and Indian 
        tribes to--
                  [(A) implement projects on highways 
                designated as--
                          [(i) National Scenic Byways;
                          [(ii) All-American Roads;
                          [(iii) America's Byways;
                          [(iv) State scenic byways; or
                          [(v) Indian tribe scenic byways; and
                  [(B) plan, design, and develop a State or 
                Indian tribe scenic byway program.
          [(2) Priorities.--In making grants, the Secretary 
        shall give priority to--
                  [(A) each eligible project that is associated 
                with a highway that has been designated as a 
                National Scenic Byway, All-American Road, or 1 
                of America's Byways and that is consistent with 
                the corridor management plan for the byway;
                  [(B) each eligible project along a State or 
                Indian tribe scenic byway that is consistent 
                with the corridor management plan for the 
                byway, or is intended to foster the development 
                of such a plan, and is carried out to make the 
                byway eligible for designation as--
                          [(i) a National Scenic Byway;
                          [(ii) an All-American Road; or
                          [(iii) 1 of America's Byways; and
                  [(C) each eligible project that is associated 
                with the development of a State or Indian tribe 
                scenic byway program.
  [(c) Eligible Projects.--The following are projects that are 
eligible for Federal assistance under this section:
          [(1) An activity related to the planning, design, or 
        development of a State or Indian tribe scenic byway 
        program.
          [(2) Development and implementation of a corridor 
        management plan to maintain the scenic, historical, 
        recreational, cultural, natural, and archaeological 
        characteristics of a byway corridor while providing for 
        accommodation of increased tourism and development of 
        related amenities.
          [(3) Safety improvements to a State scenic byway, 
        Indian tribe scenic byway, National Scenic Byway, All-
        American Road, or one of America's Byways to the extent 
        that the improvements are necessary to accommodate 
        increased traffic and changes in the types of vehicles 
        using the highway as a result of the designation as a 
        State scenic byway, Indian tribe scenic byway, National 
        Scenic Byway, All-American Road, or one of America's 
        Byways.
          [(4) Construction along a scenic byway of a facility 
        for pedestrians and bicyclists, rest area, turnout, 
        highway shoulder improvement, overlook, or interpretive 
        facility.
          [(5) An improvement to a scenic byway that will 
        enhance access to an area for the purpose of 
        recreation, including water-related recreation.
          [(6) Protection of scenic, historical, recreational, 
        cultural, natural, and archaeological resources in an 
        area adjacent to a scenic byway.
          [(7) Development and provision of tourist information 
        to the public, including interpretive information about 
        a scenic byway.
          [(8) Development and implementation of a scenic byway 
        marketing program.
  [(d) Limitation.--The Secretary shall not make a grant under 
this section for any project that would not protect the scenic, 
historical, recreational, cultural, natural, and archaeological 
integrity of a highway and adjacent areas.
  [(e) Savings Clause.--The Secretary shall not withhold any 
grant or impose any requirement on a State or Indian tribe as a 
condition of providing a grant or technical assistance for any 
scenic byway unless the requirement is consistent with the 
authority provided in this chapter.
  [(f) Federal Share.--The Federal share of the cost of 
carrying out a project under this section shall be 80 percent, 
except that, in the case of any scenic byway project along a 
public road that provides access to or within Federal or Indian 
land, a Federal land management agency may use funds authorized 
for use by the agency as the non-Federal share.]

           *       *       *       *       *       *       *

Sec. 164. Minimum penalties for repeat offenders for driving while 
                    intoxicated or driving under the influence

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) * * *

           *       *       *       *       *       *       *

          [(3) License suspension.--The term ``license 
        suspension'' means the suspension of all driving 
        privileges.]
          [(4)] (3) Motor vehicle.--The term ``motor vehicle'' 
        means a vehicle driven or drawn by mechanical power and 
        manufactured primarily for use on public highways, but 
        does not include a vehicle operated solely on a rail 
        line or a commercial vehicle.
          [(5)] (4) Repeat intoxicated driver law.--The term 
        ``repeat intoxicated driver law'' means a State law 
        that provides, as a minimum penalty, that an individual 
        convicted of a second or subsequent offense for driving 
        while intoxicated or driving under the influence after 
        a previous conviction for that offense shall--
                  [(A) receive--
                          [(i) a driver's license suspension 
                        for not less than 1 year; or
                          [(ii) a combination of suspension of 
                        all driving privileges for the first 45 
                        days of the suspension period followed 
                        by a reinstatement of limited driving 
                        privileges for the purpose of getting 
                        to and from work, school, or an alcohol 
                        treatment program if an ignition 
                        interlock device is installed on each 
                        of the motor vehicles owned or 
                        operated, or both, by the individual;]
                  (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 with 
                        limited driving privileges permitted 
                        (subject to requirements established 
                        under State law) if an ignition 
                        interlock device is installed for not 
                        less than 1 year on each motor vehicle 
                        owned or operated, or both, by the 
                        individual;

           *       *       *       *       *       *       *

  (b) Transfer of Funds.--
          (1) Fiscal years 2001 and 2002.--On October 1, 2000, 
        and October 1, 2001, if a State has not enacted or is 
        not enforcing a repeat intoxicated driver law, the 
        Secretary shall transfer an amount equal to 1 1/2 
        percent of the funds apportioned to the State on that 
        date under each of paragraphs (1), (3), and (4) of 
        section 104(b) to the apportionment of the State under 
        section 402--
                  (A) to be used for [alcohol-impaired driving 
                countermeasures] projects and activities 
                addressing impaired driving (as such term is 
                defined in section 402(p)(11)); or

           *       *       *       *       *       *       *

Sec. 165. Puerto Rico highway program

  [(a) In General.--The Secretary shall allocate funds made 
available to carry out this section for each of fiscal years 
2005 through 2009 to the Commonwealth of Puerto Rico to carry 
out a highway program in the Commonwealth.
  [(b) Applicability of Title.--Amounts made available by 
section 1101(a)(14) of the SAFETEA-LU shall be available for 
obligation in the same manner as if such funds were apportioned 
under this chapter.]
  (a) Allocation of Funds.--On October 1 of each fiscal year, 
the Secretary shall allocate the funds made available for the 
fiscal year to carry out this section to the Commonwealth of 
Puerto Rico to carry out a highway program in the Commonwealth.
  (b) Applicability of Title.--Amounts made available to carry 
out this section shall be available for obligation in the same 
manner as if such funds were apportioned under this chapter.
  (c) Treatment of Funds.--Amounts made available to carry out 
this section for a fiscal year shall be administered as 
follows:
          (1) Apportionment.--For the purpose of imposing any 
        penalty under this title or title 49, the amounts shall 
        be treated as being apportioned to Puerto Rico under 
        [sections 104(b) and 144] section 104(b), for each 
        program funded under those sections in an amount 
        determined by multiplying--
                  (A) * * *

           *       *       *       *       *       *       *

  (d) Effect on Allocations and Apportionments.--Subject to 
subsection (c)(2), nothing in this section affects any 
allocation under section 105 and any apportionment under 
[sections 104 and 144] section 104.

Sec. 166. HOV facilities

  (a) * * *
  (b) Exceptions.--
          (1) * * *

           *       *       *       *       *       *       *

          (5) Low emission and energy-efficient vehicles.--
                  (A) Inherently low emission vehicle.--Before 
                September 30, [2009] 2016, the State agency may 
                allow vehicles that are certified as inherently 
                low-emission vehicles pursuant to section 
                88.311-93 of title 40, Code of Federal 
                Regulations (or successor regulations), and are 
                labeled in accordance with section 88.312-93 of 
                such title (or successor regulations), to use 
                the HOV facility if the agency establishes 
                procedures for enforcing the restrictions on 
                the use of the facility by the vehicles.
                  (B) Other low emission and energy-efficient 
                vehicles.--Before September 30, [2009] 2016, 
                the State agency may allow vehicles certified 
                as low emission and energy-efficient vehicles 
                under subsection (e), and labeled in accordance 
                with subsection (e), to use the HOV facility if 
                the operators of the vehicles pay a toll 
                charged by the agency for use of the facility 
                and the agency--
                          (i) * * *

           *       *       *       *       *       *       *

                  (C) Amount of tolls.--Under [subparagraph 
                (B)] this paragraph, a State agency may charge 
                no toll or may charge a toll that is less than 
                or equal to tolls charged under paragraph (4).
  (c) Requirements Applicable to Tolls.--
          (1) * * *

           *       *       *       *       *       *       *

          [(3) Excess toll revenues.--If a State agency makes a 
        certification under section 129(a)(3) with respect to 
        toll revenues collected under paragraphs (4) and (5) of 
        subsection (b), the State, in the use of toll revenues 
        under that sentence, shall give priority consideration 
        to projects for developing alternatives to single 
        occupancy vehicle travel and projects for improving 
        highway safety.]
          (3) Toll revenue.--Toll revenue collected under this 
        section is subject to the requirements of section 
        129(a)(3).
  (d) HOV Facility Management, Operation, Monitoring, and 
Enforcement.--
          (1) * * *
          (2) Degraded facility.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) Maintenance of operating performance.--
                Not later than 6 months after a facility has 
                been determined to be degraded pursuant to the 
                standard specified in subparagraph (B), the 
                State agency with jurisdiction over the 
                facility shall bring the facility into 
                compliance with the minimum average operating 
                speed performance standard through changes to 
                operation of the facility, including--
                          (i) increasing the occupancy 
                        requirement for HOV lanes;
                          (ii) varying the toll charged to 
                        vehicles allowed under subsection (b) 
                        to reduce demand;
                          (iii) discontinuing allowing non-HOV 
                        vehicles to use HOV lanes under 
                        subsection (b); or
                          (iv) increasing the available 
                        capacity of the HOV facility.

           *       *       *       *       *       *       *

Sec. 167. Integration of planning and environmental review

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Environmental review process.--
                  (A) In general.--The term ``environmental 
                review process'' means the process for 
                preparing for a project an environmental impact 
                statement, environmental assessment, 
                categorical exclusion, or other document 
                prepared under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                  (B) Inclusions.--The term ``environmental 
                review process'' includes the process for and 
                completion of any environmental permit, 
                approval, review, or study required for a 
                project under any Federal law other than the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
          (2) Planning product.--The term ``planning product'' 
        means any decision, analysis, study, or other 
        documented result of an evaluation or decisionmaking 
        process carried out during transportation planning.
          (3) Project.--The term ``project'' means any highway 
        project or program of projects, public transportation 
        capital project or program of projects, or multimodal 
        project or program of projects that requires the 
        approval of the Secretary.
          (4) Project sponsor.--The term ``project sponsor'' 
        means the agency or other entity, including any private 
        or public-private entity, that seeks approval of the 
        Secretary for a project.
  (b) Purpose and Findings.--
          (1) Purpose.--The purpose of this section is to 
        establish the authority and provide procedures for 
        achieving integrated planning and environmental review 
        processes to--
                  (A) enable statewide and metropolitan 
                planning processes to more effectively serve as 
                the foundation for project decisions;
                  (B) foster better decisionmaking;
                  (C) reduce duplication in work;
                  (D) avoid delays in transportation 
                improvements; and
                  (E) better transportation and environmental 
                results for communities and the United States.
          (2) Findings.--Congress finds the following:
                  (A) This section is consistent with and is 
                adopted in furtherance of sections 101 and 102 
                of the National Environmental Policy Act of 
                1969 (42 U.S.C. 4331 and 4332) and section 109 
                of this title.
                  (B) This section should be broadly construed 
                and may be applied to any project, class of 
                projects, or program of projects carried out 
                under this title or chapter 53 of title 49.
  (c) Adoption of Planning Products for Use in NEPA 
Proceedings.--
          (1) In general.--Notwithstanding any other provision 
        of law and subject to the conditions set forth in 
        subsection (e), the Federal lead agency for a project, 
        at the request of the project sponsors, may adopt and 
        use a planning product in proceedings relating to any 
        class of action in the environmental review process of 
        the project.
          (2) Partial adoption of planning products.--The 
        Federal lead agency may adopt a planning product under 
        paragraph (1) in its entirety or may select portions 
        for adoption.
          (3) Timing.--A determination under paragraph (1) with 
        respect to the adoption of a planning product shall be 
        made at the time the lead agencies decide the 
        appropriate scope of environmental review for the 
        project.
  (d) Applicability.--
          (1) Planning decisions.--Planning decisions that may 
        be adopted pursuant to this section include--
                  (A) a purpose and need or goals and 
                objectives statement for the project, including 
                with respect to whether tolling, private 
                financial assistance, or other special 
                financial measures are necessary to implement 
                the project;
                  (B) a decision with respect to travel 
                corridor location, including project termini;
                  (C) a decision with respect to modal choice, 
                including a decision to implement corridor or 
                subarea study recommendations to advance 
                different modal solutions as separate projects 
                with independent utility;
                  (D) a decision with respect to the 
                elimination of unreasonable alternatives and 
                the selection of the range of reasonable 
                alternatives for detailed study during the 
                environmental review process;
                  (E) a basic description of the environmental 
                setting;
                  (F) a decision with respect to methodologies 
                for analysis; and
                  (G) identifications of programmatic level 
                mitigation for potential impacts that the 
                Federal lead agency, in consultation with 
                Federal, State, local, and tribal resource 
                agencies, determines are most effectively 
                addressed at a regional or national program 
                level, including--
                          (i) system-level measures to avoid, 
                        minimize, or mitigate impacts of 
                        proposed transportation investments on 
                        environmental resources, including 
                        regional ecosystem and water resources; 
                        and
                          (ii) potential mitigation activities, 
                        locations, and investments.
          (2) Planning analyses.--Planning analyses that may be 
        adopted pursuant to this section include studies with 
        respect to--
                  (A) travel demands;
                  (B) regional development and growth;
                  (C) local land use, growth management, and 
                development;
                  (D) population and employment;
                  (E) natural and built environmental 
                conditions;
                  (F) environmental resources and 
                environmentally sensitive areas;
                  (G) potential environmental effects, 
                including the identification of resources of 
                concern and potential cumulative effects on 
                those resources, identified as a result of a 
                statewide or regional cumulative effects 
                assessment; and
                  (H) mitigation needs for a proposed action, 
                or for programmatic level mitigation, for 
                potential effects that the Federal lead agency 
                determines are most effectively addressed at a 
                regional or national program level.
  (e) Conditions.--Adoption and use of a planning product under 
this section is subject to a determination by the Federal lead 
agency, in consultation with joint lead agencies and project 
sponsors as appropriate, that the following conditions have 
been met:
          (1) The planning product was developed through a 
        planning process conducted pursuant to applicable 
        Federal law.
          (2) The planning process included broad 
        multidisciplinary consideration of systems-level or 
        corridor-wide transportation needs and potential 
        effects.
          (3) During the planning process, notice was provided 
        through publication or other means to Federal, State, 
        and local government agencies and tribal governments 
        that might have an interest in the proposed project, 
        and to members of the general public, of the planning 
        products that the planning process might produce and 
        that might be relied on during the environmental review 
        process, and such entities have been provided an 
        appropriate opportunity to participate in the planning 
        process leading to such planning product.
          (4) Prior to determining the scope of environmental 
        review for the project, the joint lead agencies have 
        made documentation relating to the planning product 
        available to Federal, State, and local governmental 
        agencies and tribal governments that may have an 
        interest in the proposed action, and to members of the 
        general public.
          (5) There is no significant new information or new 
        circumstance that has a reasonable likelihood of 
        affecting the continued validity or appropriateness of 
        the planning product.
          (6) The planning product is based on reliable and 
        reasonably current data and reasonable and 
        scientifically acceptable methodologies.
          (7) The planning product is documented in sufficient 
        detail to support the decision or the results of the 
        analysis and to meet requirements for use of the 
        information in the environmental review process.
          (8) The planning product is appropriate for adoption 
        and use in the environmental review process for the 
        project.
  (f) Effect of Adoption.--Notwithstanding any other provision 
of law, any planning product adopted by the Federal lead agency 
in accordance with this section shall not be reconsidered or 
made the subject of additional interagency consultation during 
the environmental review process of the project unless the 
Federal lead agency, in consultation with joint lead agencies 
and project sponsors as appropriate, determines that there is 
significant new information or new circumstances that affect 
the continued validity or appropriateness of the adopted 
planning product. Any planning product adopted by the Federal 
lead agency in accordance with this section may be relied upon 
and used by other Federal agencies in carrying out reviews of 
the project.
  (g) Rule of Construction.--This section may not be construed 
to make the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) process applicable to the transportation 
planning process conducted under chapter 52 of title 49. 
Initiation of the National Environmental Policy Act of 1969 
process as a part of, or concurrently with, transportation 
planning activities does not subject transportation plans and 
programs to the National Environmental Policy Act of 1969 
process. This section may not be construed to affect the use of 
planning products in the National Environmental Policy Act of 
1969 process pursuant to other authorities under law or to 
restrict the initiation of the National Environmental Policy 
Act of 1969 process during planning.

Sec. 168. Development of programmatic mitigation plans

  (a) In General.--As part of the statewide or metropolitan 
transportation planning process, a State or metropolitan 
planning organization may develop one or more programmatic 
mitigation plans to address the potential environmental impacts 
of future transportation projects.
  (b) Scope.--
          (1) Scale.--A programmatic mitigation plan may be 
        developed on a regional, ecosystem, watershed, or 
        statewide scale.
          (2) Resources.--The plan may encompass multiple 
        environmental resources within a defined geographic 
        area or may focus on a specific resource, such as 
        aquatic resources, parklands, or wildlife habitat.
          (3) Project impacts.--The plan may address impacts 
        from all projects in a defined geographic area or may 
        focus on a specific type of project, such as bridge 
        replacements.
          (4) Consultation.--The scope of the plan shall be 
        determined by the State or metropolitan planning 
        organization, as appropriate, in consultation with the 
        agency or agencies with jurisdiction over the resources 
        being addressed in the mitigation plan.
  (c) Contents.--A programmatic mitigation plan may include--
          (1) an assessment of the condition of environmental 
        resources in the geographic area covered by the plan, 
        including an assessment of recent trends and any 
        potential threats to those resources;
          (2) an assessment of potential opportunities to 
        improve the overall quality of environmental resources 
        in the geographic area covered by the plan, through 
        strategic mitigation for impacts of transportation 
        projects;
          (3) standard measures for mitigating certain types of 
        impacts;
          (4) parameters for determining appropriate mitigation 
        for certain types of impacts, such as mitigation ratios 
        or criteria for determining appropriate mitigation 
        sites;
          (5) adaptive management procedures, such as protocols 
        that involve monitoring predicted impacts over time and 
        adjusting mitigation measures in response to 
        information gathered through the monitoring; and
          (6) acknowledgment of specific statutory or 
        regulatory requirements that must be satisfied when 
        determining appropriate mitigation for certain types of 
        resources.
  (d) Process.--Before adopting a programmatic mitigation plan, 
a State or metropolitan planning organization shall--
          (1) consult with the agency or agencies with 
        jurisdiction over the environmental resources 
        considered in the programmatic mitigation plan;
          (2) make a draft of the plan available for review and 
        comment by applicable environmental resource agencies 
        and the public;
          (3) consider any comments received from such agencies 
        and the public on the draft plan; and
          (4) address such comments in the final plan.
  (e) Integration With Other Plans.--A programmatic mitigation 
plan may be integrated with other plans, including watershed 
plans, ecosystem plans, species recovery plans, growth 
management plans, and land use plans.
  (f) Consideration in Project Development and Permitting.--If 
a programmatic mitigation plan has been developed pursuant to 
this section, any Federal agency responsible for environmental 
reviews, permits, or approvals for a transportation project 
shall give substantial weight to the recommendations in a 
programmatic mitigation plan when carrying out their 
responsibilities under applicable laws.
  (g) Preservation of Existing Authorities.--Nothing in this 
section limits the use of programmatic approaches to reviews 
under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.).

           *       *       *       *       *       *       *

                       CHAPTER 2--OTHER HIGHWAYS

Sec.
[201.  Authorizations.
[202.  Allocations.
[203.  Availability of funds.
[204.  Federal lands highways program.]
201. General provisions.
202. Tribal transportation program.
203. Federal lands transportation program.
     * * * * * * *
207. Tribal transportation self-governance program.
     * * * * * * *
[212.  Inter-American Highway.]
     * * * * * * *
[214.  Public lands development roads and trails.]
     * * * * * * *
[216.  Darien Gap Highway.]
     * * * * * * *

[Sec. 201. Authorizations

  [The provision of this title shall apply to all 
unappropriated authorizations contained in prior Acts, and also 
to all unexpended appropriations heretofore made, providing for 
the expenditure of Federal funds on the following classes of 
highways: Forest highways, forest development roads and trails, 
park road, parkways, Indian reservation roads, refuge roads, 
public lands highways, and defense access roads. All such 
authorizations and appropriations shall continue in full force 
and effect, but hereafter obligations entered into and 
expenditures made pursuant thereto shall be subject to the 
provisions of this title.

[Sec. 202. Allocations

  [(a) Allocation Based on Need.--
          [(1) In general.--On October 1 of each fiscal year, 
        the Secretary shall allocate sums authorized to be 
        appropriated for the fiscal year for forest development 
        roads and trails according to the relative needs of the 
        various national forests and grasslands.
          [(2) Planning.--The allocation under paragraph (1) 
        shall be consistent with the renewable resource and 
        land use planning for the various national forests.
  (b) Allocation for Public Lands Highways.--
          [(1) Public lands highways.--
                  [(A) In general.--On October 1 of each fiscal 
                year, the Secretary shall allocate 34 percent 
                of the sums authorized to be appropriated for 
                that fiscal year for public lands highways 
                among those States having unappropriated or 
                unreserved public lands, nontaxable Indian 
                lands, or other Federal reservations, on the 
                basis of need in the States, respectively, as 
                determined by the Secretary, on application of 
                the State transportation departments of the 
                respective States.
                  [(B) Preference.--In making the allocation 
                under subparagraph (A), the Secretary shall 
                give preference to those projects that are 
                significantly impacted by Federal land and 
                resource management activities that are 
                proposed by a State that contains at least 3 
                percent of the total public land in the United 
                States.
          [(2) Forest highways.--
                  [(A) In general.--On October 1 of each fiscal 
                year, the Secretary shall allocate 66 percent 
                of the funds authorized to be appropriated for 
                public lands highways for forest highways in 
                accordance with section 134 of the Federal-Aid 
                Highway Act of 1987 (23 U.S.C. 202 note; 101 
                Stat. 173).
                  [(B) Public access to and within national 
                forest system.--In making the allocation under 
                subparagraph (A), the Secretary shall give 
                equal consideration to projects that provide 
                access to and within the National Forest 
                System, as identified by the Secretary of 
                Agriculture through--
                          [(i) renewable resource and land use 
                        planning; and
                          [(ii) assessments of the impact of 
                        that planning on transportation 
                        facilities.
  [(c) On October 1 of each fiscal year, the Secretary shall 
allocate the sums authorized to be appropriated for such fiscal 
year for park roads and parkways each according to the relative 
needs of the various elements of the national park system, 
taking into consideration the need for access as identified 
through land use planning and the impact of such planning on 
existing transportation facilities.
  [(d) Indian Reservation Roads.--
          [(1) For fiscal years ending before October 1, 
        1999.--On October 1 of each fiscal year ending before 
        October 1, 1999, the Secretary shall allocate the sums 
        authorized to be appropriated for such fiscal year for 
        Indian reservation roads according to the relative 
        needs of the various reservations as jointly identified 
        by the Secretary and the Secretary of the Interior.
          [(2) Fiscal year 2000 and thereafter.--
                  [(A) In general.--All funds authorized to be 
                appropriated for Indian reservation roads shall 
                be allocated among Indian tribes for fiscal 
                year 2000 and each subsequent fiscal year in 
                accordance with a formula established by the 
                Secretary of the Interior under a negotiated 
                rulemaking procedure under subchapter III of 
                chapter 5 of title 5.
                  [(B) Regulations.--Notwithstanding sections 
                563(a) and 565(a) of title 5, the Secretary of 
                the Interior shall issue regulations governing 
                the Indian reservation roads program, and 
                establishing the funding formula for fiscal 
                year 2000 and each subsequent fiscal year under 
                this paragraph, in accordance with a negotiated 
                rulemaking procedure under subchapter III of 
                chapter 5 of title 5. The regulations shall be 
                issued in final form not later than April 1, 
                1999, and shall take effect not later than 
                October 1, 1999.
                  [(C) Negotiated rulemaking committee.--In 
                establishing a negotiated rulemaking committee 
                to carry out subparagraph (B), the Secretary of 
                the Interior shall--
                          [(i) apply the procedures under 
                        subchapter III of chapter 5 of title 5 
                        in a manner that reflects the unique 
                        government-to-government relationship 
                        between the Indian tribes and the 
                        United States; and
                          [(ii) ensure that the membership of 
                        the committee includes only 
                        representatives of the Federal 
                        Government and of geographically 
                        diverse small, medium, and large Indian 
                        tribes.
                  [(D) Basis for funding formula.--The funding 
                formula established for fiscal year 2000 and 
                each subsequent fiscal year under this 
                paragraph shall be based on factors that 
                reflect--
                          [(i) the relative needs of the Indian 
                        tribes, and reservation or tribal 
                        communities, for transportation 
                        assistance; and
                          [(ii) the relative administrative 
                        capacities of, and challenges faced by, 
                        various Indian tribes, including the 
                        cost of road construction in each 
                        Bureau of Indian Affairs area, 
                        geographic isolation and difficulty in 
                        maintaining all-weather access to 
                        employment, commerce, health, safety, 
                        and educational resources.
                  [(E) Transferred funds.--
                          [(i) In general.--Not later than 30 
                        days after the date on which funds are 
                        made available to the Secretary of the 
                        Interior under this paragraph, the 
                        funds shall be distributed to, and 
                        available for immediate use by, the 
                        eligible Indian tribes, in accordance 
                        with the formula for distribution of 
                        funds under the Indian reservation 
                        roads program.
                          [(ii) Use of funds.--Notwithstanding 
                        any other provision of this section, 
                        funds available to Indian tribes for 
                        Indian reservation roads shall be 
                        expended on projects identified in a 
                        transportation improvement program 
                        approved by the Secretary.
                  [(F) Administrative expenses.--
                          [(i) In general.--Of the funds 
                        authorized to be appropriated for 
                        Indian reservation roads, $20,000,000 
                        for fiscal year 2006, $22,000,000 for 
                        fiscal year 2007, $24,500,000 for 
                        fiscal year 2008, and $27,000,000 for 
                        fiscal year 2009 may be used by the 
                        Secretary of the Interior for program 
                        management and oversight and project- 
                        related administrative expenses.
                          [(ii) Health and safety assurances.--
                        Notwithstanding any other provision of 
                        law, an Indian tribal government may 
                        approve plans, specifications, and 
                        estimates and commence road and bridge 
                        construction with funds made available 
                        for Indian reservation roads under the 
                        Transportation Equity Act for the 21st 
                        Century (Public Law 105-178) and 
                        SAFETEA-LU through a contract or 
                        agreement under the Indian Self- 
                        Determination and Education Assistance 
                        Act (25 U.S.C. 450b et seq.) if the 
                        Indian tribal government--
                                  [(I) provides assurances in 
                                the contract or agreement that 
                                the construction will meet or 
                                exceed applicable health and 
                                safety standards;
                                  [(II) obtains the advance 
                                review of the plans and 
                                specifications from a State-
                                licensed civil engineer that 
                                has certified that the plans 
                                and specifications meet or 
                                exceed the applicable health 
                                and safety standards; and
                                  [(III) provides a copy of the 
                                certification under subclause 
                                (I) to the Deputy Assistant 
                                Secretary for Tribal Government 
                                Affairs or the Assistant 
                                Secretary for Indian Affairs, 
                                as appropriate.
                  [(G) National tribal transportation facility 
                inventory.--
                          [(i) In general.--Not later than 2 
                        years after the date of enactment of 
                        the SAFETEA-LU, the Secretary, in 
                        cooperation with the Secretary of the 
                        Interior, shall complete a 
                        comprehensive national inventory of 
                        transportation facilities that are 
                        eligible for assistance under the 
                        Indian reservation roads program.
                          [(ii) Transportation facilities 
                        included in the inventory.--For 
                        purposes of identifying the tribal 
                        transportation system and determining 
                        the relative transportation needs among 
                        Indian tribes, the Secretary shall 
                        include, at a minimum, transportation 
                        facilities that are eligible for 
                        assistance under the Indian reservation 
                        roads program that a tribe has 
                        requested, including facilities that--
                                  [(I) were included in the 
                                Bureau of Indian Affairs system 
                                inventory for funding formula 
                                purposes in 1992 or any 
                                subsequent fiscal year;
                                  [(II) were constructed or 
                                reconstructed with funds from 
                                the Highway Trust Funds (other 
                                than the Mass Transit Account) 
                                under the Indian reservation 
                                roads program since 1983;
                                  [(III) are owned by an Indian 
                                tribal government; or
                                  [(IV) are community streets 
                                or bridges within the exterior 
                                boundary of Indian 
                                reservations, Alaska Native 
                                villages, and other recognized 
                                Indian communities (including 
                                communities in former Indian 
                                reservations in Oklahoma) in 
                                which the majority of residents 
                                are American Indians or Alaska 
                                Natives; or
                                  [(V) are primary access 
                                routes proposed by tribal 
                                governments, including roads 
                                between villages, roads to 
                                landfills, roads to drinking 
                                water sources, roads to natural 
                                resources identified for 
                                economic development, and roads 
                                that provide access to 
                                intermodal termini, such as 
                                airports, harbors, or boat 
                                landings.
                          [(iii) Limitation on primary access 
                        routes.--For purposes of this 
                        subparagraph, a proposed primary access 
                        route is the shortest practicable route 
                        connecting 2 points of the proposed 
                        route.
                          [(iv) Additional facilities.--Nothing 
                        in this subparagraph shall preclude the 
                        Secretary from including additional 
                        transportation facilities that are 
                        eligible for funding under the Indian 
                        reservation roads program in the 
                        inventory used for the national funding 
                        allocation if such additional 
                        facilities are included in the 
                        inventory in a uniform and consistent 
                        manner nationally.
                          [(v) Report to Congress.--Not later 
                        than 90 days after the date of 
                        completion of the inventory under this 
                        subparagraph, the Secretary shall 
                        prepare and submit a report to Congress 
                        that includes the data gathered and the 
                        results of the inventory.
          [(3) Contracts and agreements with Indian tribes.--
                  [(A) In general.--Notwithstanding any other 
                provision of law or any interagency agreement, 
                program guideline, manual, or policy directive, 
                all funds made available under this chapter and 
                section 125(e) for Indian reservation roads and 
                for highway bridges located on Indian 
                reservation roads to pay for the costs of 
                programs, services, functions, and activities, 
                or portions thereof, that are specifically or 
                functionally related to the cost of planning, 
                research, engineering, and construction of any 
                highway, road, bridge, parkway, or transit 
                facility that provides access to or is located 
                within the reservation or community of an 
                Indian tribe shall be made available, upon 
                request of the Indian tribal government, to the 
                Indian tribal government for contracts and 
                agreements for such planning, research, 
                engineering, and construction in accordance 
                with the Indian Self-Determination and 
                Education Assistance Act.
                  [(B) Exclusion of agency participation.--
                Funds for programs, functions, services, or 
                activities, or portions thereof, including 
                supportive administrative functions that are 
                otherwise contractible to which subparagraph 
                (A) applies, shall be paid in accordance with 
                subparagraph (A) without regard to the 
                organizational level at which the Department of 
                the Interior that has previously carried out 
                such programs, functions, services, or 
                activities.
          [(4) Reservation of funds.--
                  [(A) Nationwide priority program.--The 
                Secretary shall establish a nationwide priority 
                program for improving deficient Indian 
                reservation road bridges.
                  [(B) Funding.--
                          [(i) Authorization of 
                        appropriations.--In addition to any 
                        other funds made available for Indian 
                        reservation roads for each fiscal year, 
                        there is authorized to be appropriated 
                        from the Highway Trust Fund (other than 
                        the Mass Transit Account) $14,000,000 
                        for each of fiscal years 2005 through 
                        2009 to carry out planning, design, 
                        engineering, preconstruction, 
                        construction, and inspection of 
                        projects to replace, rehabilitate, 
                        seismically retrofit, paint, apply 
                        calcium magnesium acetate, sodium 
                        acetate/formate, or other 
                        environmentally acceptable, minimally 
                        corrosive anti-icing and de-icing 
                        compositions or install scour 
                        countermeasures for deficient Indian 
                        reservation road bridges, including 
                        multiple-pipe culverts.
                          [(ii) Availability.--Funds made 
                        available to carry out this 
                        subparagraph shall be available for 
                        obligation in the same manner as if 
                        such funds were apportioned under 
                        chapter 1.
                  [(C) Eligible bridges.--To be eligible to 
                receive funding under this subsection, a bridge 
                described in subparagraph (A) must--
                          [(i) have an opening of 20 feet or 
                        more;
                          [(ii) be on an Indian reservation 
                        road;
                          [(iii) be structurally deficient or 
                        functionally obsolete; and
                          [(iv) be recorded in the national 
                        bridge inventory administered by the 
                        Secretary under subsection (b).
                  [(D) Approval requirement.--
                          [(i) In general.--Subject to clause 
                        (ii), on request by an Indian tribe or 
                        the Secretary of the Interior, the 
                        Secretary may make funds available 
                        under this subsection for preliminary 
                        engineering for Indian reservation road 
                        bridge projects.
                          [(ii) Construction and construction 
                        engineering.--The Secretary may make 
                        funds available under clause (i) for 
                        construction and construction 
                        engineering after approval of 
                        applicable plans, specifications, and 
                        estimates in accordance with this 
                        title.
          [(5) Contracts and agreements with Indian tribes.--
                  [(A) In general.--Notwithstanding any other 
                provision of law or any interagency agreement, 
                program guideline, manual, or policy directive, 
                all funds made available to an Indian tribal 
                government under this chapter for a highway, 
                road, bridge, parkway, or transit facility 
                program or project that is located on an Indian 
                reservation or provides access to the 
                reservation or a community of the Indian tribe 
                shall be made available, on the request of the 
                Indian tribal government, to the Indian tribal 
                government for use in carrying out, in 
                accordance with the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450 et 
                seq.), contracts and agreements for the 
                planning, research, design, engineering, 
                construction, and maintenance relating to the 
                program or project.
                  [(B) Exclusion of agency participation.--In 
                accordance with subparagraph (A), all funds for 
                a program or project to which subparagraph (A) 
                applies shall be paid to the Indian tribal 
                government without regard to the organizational 
                level at which the Department of the Interior 
                has previously carried out, or the Department 
                of Transportation has previously carried out 
                under the Federal lands highway programs, the 
                programs, functions, services, or activities 
                involved.
                  [(C) Consortia.--Two or more Indian tribes 
                that are otherwise eligible to participate in a 
                program or project to which this chapter 
                applies may form a consortium to be considered 
                as a single Indian tribe for the purpose of 
                participating in the project under this 
                section.
                  [(D) Secretary as signatory.--Notwithstanding 
                any other provision of law, the Secretary is 
                authorized to enter into a funding agreement 
                with an Indian tribal government to carry out a 
                highway, road, bridge, parkway, or transit 
                program or project under subparagraph (A) that 
                is located on an Indian reservation or provides 
                access to the reservation or a community of the 
                Indian tribe.
                  [(E) Funding.--The amount an Indian tribal 
                government receives for a program or project 
                under subparagraph (A) shall equal the sum of 
                the funding that the Indian tribal government 
                would otherwise receive for the program or 
                project in accordance with the funding formula 
                established under this subsection and such 
                additional amounts as the Secretary determines 
                equal the amounts that would have been withheld 
                for the costs of the Bureau of Indian Affairs 
                for administration of the program or project.
                  [(F) Eligibility.--
                          [(i) In general.--Subject to clause 
                        (ii), funds may be made available under 
                        subparagraph (A) to an Indian tribal 
                        government for a program or project in 
                        a fiscal year only if the Indian tribal 
                        government requesting such funds 
                        demonstrates to the satisfaction of the 
                        Secretary financial stability and 
                        financial management capability during 
                        the 3 fiscal years immediately 
                        preceding the fiscal year for which the 
                        request is being made.
                          [(ii) Criteria for determining 
                        financial stability and financial 
                        management capability.--An Indian 
                        tribal government that had no 
                        uncorrected significant and material 
                        audit exceptions in the required annual 
                        audit of the Indian tribal government 
                        self-determination contracts or self- 
                        governance funding agreements with any 
                        Federal agency during the 3-fiscal year 
                        period referred in clause (i) shall be 
                        conclusive evidence of the financial 
                        stability and financial management 
                        capability for purposes of clause (i).
                  [(G) Assumption of functions and duties.--An 
                Indian tribal government receiving funding 
                under subparagraph (A) for a program or project 
                shall assume all functions and duties that the 
                Secretary of the Interior would have performed 
                with respect to a program or project under this 
                chapter, other than those functions and duties 
                that inherently cannot be legally transferred 
                under the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450b et 
                seq.).
                  [(H) Powers.--An Indian tribal government 
                receiving funding under subparagraph (A) for a 
                program or project shall have all powers that 
                the Secretary of the Interior would have 
                exercised in administering the funds 
                transferred to the Indian tribal government for 
                such program or project under this section if 
                the funds had not been transferred, except to 
                the extent that such powers are powers that 
                inherently cannot be legally transferred under 
                the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450b et seq.).
                  [(I) Dispute resolution.--In the event of a 
                disagreement between the Secretary or the 
                Secretary of the Interior and an Indian tribe 
                over whether a particular function, duty, or 
                power may be lawfully transferred under the 
                Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450b et seq.), the 
                Indian tribe shall have the right to pursue all 
                alternative dispute resolutions and appeal 
                procedures authorized by such Act, including 
                regulations issued to carry out such Act.
                  [(J) Termination of contract or agreement.--
                On the date of the termination of a contract or 
                agreement under this section by an Indian 
                tribal government, the Secretary shall transfer 
                all funds that would have been allocated to the 
                Indian tribal government under the contract or 
                agreement to the Secretary of the Interior to 
                provide continued transportation services in 
                accordance with applicable law.
  [(e) Refuge Roads.--On October 1 of each fiscal year, the 
Secretary shall allocate the sums made available for that 
fiscal year for refuge roads according to the relative needs of 
the various refuges in the National Wildlife Refuge System, and 
taking into consideration--
          [(1) the comprehensive conservation plan for each 
        refuge;
          [(2) the need for access as identified through land 
        use planning; and
          [(3) the impact of land use planning on existing 
        transportation facilities.

[Sec. 203. Availability of funds

  [Funds authorized for forest development roads and trails, 
public lands development roads and trails, park road, parkways, 
refuge roads, Indian reservation roads, and public lands 
highways shall be available for contract upon apportionment, or 
on October 1, of the fiscal year for which authorized if no 
apportionment is required. Any amount remaining unexpended for 
a period of three years after the close of the fiscal year for 
which authorized shall lapse. The Secretary of the Department 
charged with the administration of such funds is granted 
authority to incur obligations, approve projects, and enter 
into contracts under such authorizations and his action in 
doing so shall be deemed a contractual obligation of the United 
States for the payment of the cost thereof and such funds shall 
be deemed to have been expended when so obligated. Any funds 
heretofore or hereafter authorized for any fiscal year for 
forest development roads and trails, public lands development 
roads and trails, park road, parkways, refuge roads, Indian 
roads, and public lands highways shall be deemed to have been 
expended if a sum equal to the total of the sums authorized for 
such fiscal year and previous fiscal years since and including 
the fiscal year ending June 30, 1955, shall have been 
obligated. Any of such funds released by payment of final 
voucher or modification of project authorizations shall be 
credited to the balance of unobligated authorizations and be 
immediately available for expenditure. Notwithstanding any 
other provision of law, the authorization by the Secretary of 
engineering and related work for a Federal lands highways 
program project, or the approval by the Secretary of plans, 
specifications, and estimates for construction of a Federal 
lands highways program project, shall be deemed to constitute a 
contractual obligation of the Federal Government to pay the 
Federal share of the cost of the project.

[Sec. 204. Federal Lands Highways Program

  [(a) Establishment.--
          [(1) In general.--Recognizing the need for all 
        Federal roads that are public roads to be treated under 
        uniform policies similar to the policies that apply to 
        Federal-aid highways, there is established a 
        coordinated Federal lands highways program that shall 
        apply to public lands highways, park roads and 
        parkways, refuge roads, and Indian reservation roads 
        and bridges.
          [(2) Transportation planning procedures.--In 
        consultation with the Secretary of each appropriate 
        Federal land management agency, the Secretary shall 
        develop, by rule, transportation planning procedures 
        that are consistent with the metropolitan and statewide 
        planning processes required under sections 134 and 135.
          [(3) Approval of transportation improvement 
        program.--The transportation improvement program 
        developed as a part of the transportation planning 
        process under this section shall be approved by the 
        Secretary.
          [(4) Inclusion in other plans.--All regionally 
        significant Federal lands highways program projects--
                  [(A) shall be developed in cooperation with 
                States and metropolitan planning organizations; 
                and
                  [(B) shall be included in appropriate Federal 
                lands highways program, State, and metropolitan 
                plans and transportation improvement programs.
          [(5) Inclusion in state programs.--The approved 
        Federal lands highways program transportation 
        improvement program shall be included in appropriate 
        State and metropolitan planning organization plans and 
        programs without further action on the transportation 
        improvement program.
          [(6) Development of systems.--The Secretary and the 
        Secretary of each appropriate Federal land management 
        agency shall, to the extent appropriate, develop by 
        rule safety, bridge, pavement, and congestion 
        management systems for roads funded under the Federal 
        lands highways program.
  [(b) Use of Funds.--
          [(1) In general.--Funds made available for public 
        lands highways, park roads and parkways, and Indian 
        reservation roads shall be used by the Secretary and 
        the Secretary of the appropriate Federal land 
        management agency to pay the cost of--
                  [(A) transportation planning, research, and 
                engineering and construction of, highways, 
                roads, parkways, and transit facilities located 
                on public lands, national parks, and Indian 
                reservations; and
                  [(B) operation and maintenance of transit 
                facilities located on public lands, national 
                parks, and Indian reservations.
          [(2) Contract.--In connection with an activity 
        described in paragraph (1), the Secretary and the 
        Secretary of the appropriate Federal land management 
        agency may enter into a contract or other appropriate 
        agreement with respect to such activity with--
                  [(A) a State (including a political 
                subdivision of a State); or
                  [(B) an Indian tribe.
          [(3) Indian reservation roads.--In the case of an 
        Indian reservation road--
                  [(A) Indian labor may be employed, in 
                accordance with such rules and regulations as 
                may be promulgated by the Secretary of the 
                Interior, to carry out any construction or 
                other activity described in paragraph (1); and
                  [(B) funds made available to carry out this 
                section may be used to pay bridge 
                preconstruction costs (including planning, 
                design, and engineering).
          [(4) Federal employment.--No maximum limitation on 
        Federal employment shall be applicable to construction 
        or improvement of Indian reservation roads.
          [(5) Availability of funds.--Funds made available 
        under this section for each class of Federal lands 
        highways shall be available for any transportation 
        project eligible for assistance under this title that 
        is within or adjacent to, or that provides access to, 
        the areas served by the particular class of Federal 
        lands highways.
          [(6) Reservation of funds.--The Secretary of the 
        Interior may reserve funds from administrative funds of 
        the Bureau of Indian Affairs that are associated with 
        the Indian reservation roads program to finance Indian 
        technical centers under section 504(b).
  [(c) Before approving as a project on an Indian reservation 
road any project eligible for funds apportioned under section 
104 or section 144 of this title in a State, the Secretary must 
determine that the obligation of funds for such project is 
supplementary to and not in lieu of the obligation, for 
projects on Indian reservation roads, of a fair and equitable 
share of funds apportioned to such State under section 104 of 
this title. Notwithstanding any other provision of this title, 
of the amount of funds allocated for Indian reservation roads 
from the Highway Trust Fund, not more than 25 percent of the 
funds allocated to an Indian tribe may be expended for the 
purpose of maintenance, excluding road sealing which shall not 
be subject to any limitation. The Bureau of Indian Affairs 
shall continue to retain primary responsibility, including 
annual funding request responsibility, for road maintenance 
programs on Indian reservations. The Secretary shall ensure 
that funding made available under this subsection for 
maintenance of Indian reservation roads for each fiscal year is 
supplementary to and not in lieu of any obligation of funds by 
the Bureau of Indian Affairs for road maintenance programs on 
Indian reservations.
  [(d) Cooperation of States, counties, or other local 
subdivisions may be accepted in construction and improvement, 
and any funds received from a State, county, or local 
subdivision shall be credited to appropriations available for 
the class of Federal lands highways to which such funds were 
contributed.
  [(e) Construction of each project shall be performed by 
contract awarded by competitive bidding, unless the Secretary 
or the Secretary of the appropriate Federal land management 
agency shall affirmatively find that, under the circumstances 
relating to such project, some other method is in the public 
interest. Notwithstanding the foregoing, the provisions of 
section 23 of the ``Buy Indian'' Act of June 25, 1910 (36 Stat. 
891), and the provisions of section 7(b) of the Indian Self-
Determination and Education Assistance Act (88 Stat. 2205) 
shall apply to all funds administered by the Secretary of the 
Interior which are appropriated for the construction and 
improvement of Indian reservation roads.
  [(f) All appropriations for the construction and improvement 
of each class of Federal lands highways shall be administered 
in conformity with regulations and agreements jointly approved 
by the Secretary and the Secretary of the appropriate Federal 
land managing agency.
  [(g) The Secretary shall transfer to the Secretary of 
Agriculture from appropriations for forest highways such 
amounts as may be needed to cover necessary administrative 
expenses of the Forest Service in connection with forest 
highways.
  [(h) Eligible Projects.--Funds available for each class of 
Federal lands highways may be available for the following:
          [(1) Transportation planning for tourism and 
        recreational travel including the National Forest 
        Scenic Byways Program, Bureau of Land Management Back 
        Country Byways Program, National Trail System Program, 
        and other similar Federal programs that benefit 
        recreational development.
          [(2) Adjacent vehicular parking areas.
          [(3) Interpretive signage.
          [(4) Acquisition of necessary scenic easements and 
        scenic or historic sites.
          [(5) Provision for pedestrians and bicycles.
          [(6) Construction and reconstruction of roadside rest 
        areas including sanitary and water facilities.
          [(7) Other appropriate public road facilities such as 
        visitor centers as determined by the Secretary.
          [(8) A project to build a replacement of the 
        federally owned bridge over the Hoover Dam in the Lake 
        Mead National Recreation Area between Nevada and 
        Arizona.
  [(i) Transfers of Costs to Secretaries of Federal Land 
Management Agencies.--
          [(1) Administrative costs.--The Secretary shall 
        transfer to the appropriate Federal land management 
        agency from amounts made available for public lands 
        highways such amounts as are necessary to pay necessary 
        administrative costs of the agency in connection with 
        public lands highways.
          [(2) Transportation planning costs.--The Secretary 
        shall transfer to the appropriate Federal land 
        management agency from amounts made available for 
        public lands highways such amounts as are necessary to 
        pay the cost to the agency to conduct necessary 
        transportation planning for Federal lands, if funding 
        for the planning is not otherwise provided under this 
        section.
  [(j) Indian Reservation Roads Planning.--Up to 2 percent of 
funds made available for Indian reservation roads for each 
fiscal year shall be allocated to those Indian tribal 
governments applying for transportation planning pursuant to 
the provisions of the Indian Self-Determination and Education 
Assistance Act. The Indian tribal government, in cooperation 
with the Secretary of the Interior, and as appropriate, with a 
State, local government, or metropolitan planning organization, 
shall carry out a transportation planning process in accordance 
with subsection (a). Projects shall be selected by the Indian 
tribal government from the transportation improvement program 
and shall be subject to the approval of the Secretary of the 
Interior and the Secretary.
  [(k) Refuge Roads.--
          [(1) In general.--Notwithstanding any other provision 
        of this title, funds made available for refuge roads 
        shall be used by the Secretary and the Secretary of the 
        Interior only to pay the cost of--
                  [(A) maintenance and improvements of refuge 
                roads;
                  [(B) maintenance and improvements of eligible 
                projects described in paragraphs (2), (3), (5), 
                and (6) of subsection (h) that are located in 
                or adjacent to wildlife refuges;
                  [(C) administrative costs associated with 
                such maintenance and improvements;
                  [(D) the non-Federal share of the cost of any 
                project funded under this title or chapter 53 
                of title 49 that provides access to or within a 
                wildlife refuge; and
                  [(E) maintenance and improvement of 
                recreational trails; except that expenditures 
                on trails under this subparagraph shall not 
                exceed 5 percent of available funds for each 
                fiscal year.
          [(2) Contracts.--In carrying out paragraph (1), the 
        Secretary and the Secretary of the Interior, as 
        appropriate, may enter into contracts with a State or 
        civil subdivision of a State or Indian tribe as is 
        determined advisable.
          [(3) Compliance with other law.--Funds made available 
        for refuge roads shall be used only for projects that 
        are in compliance with the National Wildlife Refuge 
        System Administration Act of 1966 (16 U.S.C. 668dd et 
        seq.).
  [(l) Tribal-State Road Maintenance Agreements.--
          [(1) In general.--An Indian tribe and a State may 
        enter into a road maintenance agreement under which an 
        Indian tribe assumes the responsibilities of the State 
        for--
                  [(A) Indian reservation roads; and
                  [(B) roads providing access to Indian 
                reservation roads.
          [(2) Tribal-state agreements.--Agreements entered 
        into under paragraph (1)--
                  [(A) shall be negotiated between the State 
                and the Indian tribe; and
                  [(B) shall not require the approval of the 
                Secretary.
          [(3) Annual report.--Effective beginning with fiscal 
        year 2005, the Secretary shall prepare and submit to 
        Congress an annual report that identifies--
                  [(A) the Indian tribes and States that have 
                entered into agreements under paragraph (1);
                  [(B) the number of miles of roads for which 
                Indian tribes have assumed maintenance 
                responsibilities; and
                  [(C) the amount of funding transferred to 
                Indian tribes for the fiscal year under 
                agreements entered into under paragraph (1).]

Sec. 201. General provisions

  (a) Purpose.--Recognizing the need for all Federal lands 
transportation facilities and tribal transportation facilities 
to be treated under uniform policies similar to the policies 
that apply to Federal-aid highways and other public road and 
transit facilities constructed with Federal assistance, the 
Secretary, in consultation with the Secretary of each Federal 
land management agency, shall establish and coordinate, in 
accordance with the requirements of this section, a uniform 
policy for all transportation facilities constructed under a 
covered program.
  (b) Covered Program Defined.--In this section, the term 
``covered program'' means--
          (1) the tribal transportation program established 
        under section 202; and
          (2) the Federal lands transportation program 
        established under section 203.
  (c) Availability of Funds.--
          (1) Availability.--Funds made available to carry out 
        a covered program shall be available for contract--
                  (A) upon apportionment; or
                  (B) if no apportionment is required, on 
                October 1 of the fiscal year for which 
                authorized.
          (2) Period of availability.--Funds apportioned or 
        allocated to carry out a covered program shall remain 
        available for obligation for a period of 3 years after 
        the last day of the fiscal year for which the funds are 
        authorized. Any amounts so apportioned or allocated 
        that remain unobligated at the end of that period shall 
        lapse.
          (3) Authority of department secretaries.--
                  (A) Authority to incur obligations, approve 
                projects, and enter into contracts.--The 
                Secretary of a Department charged with the 
                administration of funds made available to carry 
                out a covered program may incur obligations, 
                approve projects, and enter into contracts with 
                respect to such funds.
                  (B) Contractual obligations.--A Secretary's 
                action under subparagraph (A) shall be deemed 
                to be a contractual obligation of the United 
                States to pay the cost thereof, and the funds 
                subject to the action shall be deemed to have 
                been expended when so obligated.
          (4) Expenditure.--Any funds made available to carry 
        out a covered program for a fiscal year shall be deemed 
        to have been expended if a sum equal to the total of 
        the sums appropriated for the fiscal year and previous 
        fiscal years have been obligated. Any of such funds 
        released by payment of final voucher or modification of 
        project authorizations shall be credited to the balance 
        of unobligated appropriations and be immediately 
        available for expenditure.
          (5) Authority of secretary.--
                  (A) Obligating funds for covered programs.--
                Notwithstanding any other provision of law, 
                either of the following actions shall be deemed 
                to constitute a contractual obligation of the 
                United States to pay the total eligible cost of 
                any construction project funded under a covered 
                program:
                          (i) The authorization by the 
                        Secretary, or the Secretary of a 
                        Department charged with the 
                        administration of funds made available 
                        to carry out a covered program, of 
                        engineering and related work for the 
                        development, design, and acquisition 
                        associated with the project, whether 
                        performed by contract or agreement 
                        authorized by law.
                          (ii) The approval by the Secretary, 
                        or the Secretary of a Department 
                        charged with the administration of 
                        funds made available to carry out a 
                        covered program, of plans, 
                        specifications, and estimates for the 
                        project.
                  (B) Limitation on statutory construction.--
                Nothing in this paragraph may be construed to 
                affect the application of the Federal share 
                associated with a project undertaken under a 
                covered program or to modify the point of 
                obligation associated with Federal salaries and 
                expenses.
          (6) Redistribution of unused obligation authority.--
        To the extent that the Secretary is otherwise required 
        to redistribute unused obligation authority 
        appropriated for purposes other than section 202, a 
        minimum of 10 percent of such unused obligation 
        authority shall be allocated and distributed by the 
        Secretary to entities eligible to receive funds under 
        such section for purposes of funding competitively 
        awarded high priority projects ensuring greater safe 
        access to markets for American Indian and Alaska Native 
        communities that are, relative to other American Indian 
        and Alaska Native communities, more remotely located 
        from product and essential service markets.
  (d) Federal Share.--
          (1) In general.--Except as provided by paragraph (2), 
        the Federal share payable on account of a project 
        carried out under a covered program shall be 100 
        percent of the total cost of the project.
          (2) Operating assistance.--The Federal share payable, 
        with amounts made available to carry out this chapter, 
        on account of operating expenses for a project carried 
        out under the Federal lands transportation program 
        established under section 203 may not exceed 50 percent 
        of the net operating costs, as determined by the 
        Secretary.
  (e) Transportation Planning.--
          (1) Transportation planning procedures.--In 
        consultation with the Secretary of each Federal land 
        management agency, the Secretary shall implement 
        transportation planning procedures for tribal 
        transportation facilities and Federal lands 
        transportation facilities that are consistent with the 
        planning processes required under sections 5203 and 
        5204 of title 49.
          (2) Approval of transportation improvement program.--
        A transportation improvement program developed as a 
        part of the transportation planning process under this 
        subsection shall be subject to approval by the 
        Secretary, acting in coordination with the Secretary of 
        the appropriate Federal land management agency.
          (3) Inclusion in other plans.--Any project under a 
        covered program that is regionally significant shall--
                  (A) be developed in cooperation with 
                appropriate States and metropolitan planning 
                organizations; and
                  (B) be included in--
                          (i) plans for the covered program;
                          (ii) appropriate State and 
                        metropolitan long-range transportation 
                        plans; and
                          (iii) appropriate State and 
                        metropolitan transportation improvement 
                        programs.
          (4) Inclusion in state programs.--A transportation 
        improvement program that is approved by the Secretary 
        as a part of the transportation planning process under 
        this subsection shall be included in appropriate plans 
        and programs of States and metropolitan planning 
        organizations without further action on the 
        transportation improvement program.
          (5) Asset management.--The Secretary and the 
        Secretary of each Federal land management agency, to 
        the extent appropriate, shall have in effect safety, 
        bridge, pavement, and congestion management systems in 
        support of asset management for highways funded under a 
        covered program.
          (6) Data collection.--
                  (A) In general.--The Secretary of each 
                Federal land management agency shall collect 
                and report on the data that is necessary to 
                implement a covered program, including at a 
                minimum--
                          (i) inventory and condition 
                        information on tribal roads and Federal 
                        lands highways; and
                          (ii) bridge inspection and inventory 
                        information on any Federal bridge that 
                        is open to the public.
                  (B) Standards.--The Secretary, in 
                coordination with the Secretary of each Federal 
                land management agency, shall define collection 
                and reporting data standards for purposes of 
                subparagraph (A).
                  (C) Tribal transportation program.--Each 
                Secretary collecting data under this paragraph 
                relating to the tribal transportation program 
                established under section 202 shall collect 
                such data consistent with the requirements of 
                the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450 et seq.).
          (7) Administrative expenses.--The Secretary may use 
        up to 5 percent of the funds made available to carry 
        out section 203 for a fiscal year for purposes of 
        implementing the activities described in this 
        subsection, including direct support of transportation 
        planning activities among Federal land management 
        agencies.
  (f) References to Secretaries of Federal Land Management 
Agencies.--In this chapter, the term ``Secretary'', when used 
in connection with a Federal land management agency, means the 
Secretary of the department that contains the agency.

Sec. 202. Tribal transportation program

  (a) In General.--The Secretary shall carry out a tribal 
transportation program in accordance with the requirements of 
this section.
  (b) Use of Funds.--
          (1) In general.--Funds made available to carry out 
        the tribal transportation program shall be used by the 
        Secretary and the Secretary of the Interior to pay for 
        the following:
                  (A) The covered costs of--
                          (i) tribal roads;
                          (ii) vehicular parking areas adjacent 
                        to tribal roads (which may include 
                        electric vehicle charging stations);
                          (iii) pedestrian walkways and bicycle 
                        transportation facilities (as defined 
                        in section 217) on tribal lands; and
                          (iv) roadside rest areas, including 
                        sanitary and water facilities, on 
                        tribal lands.
                  (B) The costs of transportation projects 
                eligible for assistance under this title that 
                are within, or provide access to, tribal lands.
                  (C) The costs of public transportation 
                projects eligible for assistance under section 
                5311(b)(1) of title 49 that are within, or 
                provide access to, tribal lands (without regard 
                to whether the project is located in an 
                urbanized area).
                  (D) The costs of rehabilitation, restoration, 
                and construction of interpretive signage at 
                tribal roads.
                  (E) The costs of acquisition of necessary 
                scenic easements and scenic or historic sites 
                associated with tribal roads.
          (2) Covered costs defined.--In paragraph (1), the 
        term ``covered costs'' means the costs of 
        transportation planning, research, preventive 
        maintenance, engineering, rehabilitation, restoration, 
        construction, and reconstruction.
          (3) Contract.--In connection with an activity 
        described in paragraph (1), the Secretary and the 
        Secretary of the Interior may enter into a contract or 
        other appropriate agreement with respect to such 
        activity with--
                  (A) a State (including a political 
                subdivision of a State); or
                  (B) an Indian tribe.
          (4) Indian labor.--Indian labor may be employed, in 
        accordance with such rules and regulations as may be 
        promulgated by the Secretary of the Interior, to carry 
        out any construction or other activity described in 
        paragraph (1).
          (5) Federal employment.--No maximum limitation on 
        Federal employment shall apply to construction or 
        improvement of tribal transportation facilities.
          (6) Administrative expenses.--
                  (A) In general.--Of the funds made available 
                to carry out the tribal transportation program 
                for a fiscal year, up to 5 percent may be used 
                by the Secretary or the Secretary of the 
                Interior for program management and oversight 
                and project-related administrative expenses.
                  (B) Reservation of funds.--The Secretary of 
                the Interior may reserve funds from 
                administrative funds of the Bureau of Indian 
                Affairs that are associated with the tribal 
                transportation program to fund tribal technical 
                assistance centers under section 504(b).
          (7) Maintenance.--
                  (A) Use of funds.--Notwithstanding any other 
                provision of this title, of the funds allocated 
                to an Indian tribe under the tribal 
                transportation program for a fiscal year, the 
                Indian tribe, or the Secretary with the consent 
                of the affected Indian tribe, may use for the 
                purpose of maintenance (excluding road sealing, 
                which shall not be subject to any limitation) 
                an amount that does not exceed the greater of--
                          (i) 25 percent of the funds; or
                          (ii) $500,000.
                  (B) Road maintenance programs on indian 
                reservations.--
                          (i) BIA responsibility.--The Bureau 
                        of Indian Affairs shall continue to 
                        retain primary responsibility, 
                        including annual funding request 
                        responsibility, for road maintenance 
                        programs on Indian reservations.
                          (ii) Funding.--The Secretary of the 
                        Interior shall ensure that funding made 
                        available under this paragraph for 
                        maintenance of tribal transportation 
                        facilities for a fiscal year is 
                        supplementary to and not in lieu of any 
                        obligation of funds by the Bureau of 
                        Indian Affairs for road maintenance 
                        programs on Indian reservations.
                  (C) Tribal-state road maintenance 
                agreements.--
                          (i) Authority to enter into 
                        agreements.--An Indian tribe and a 
                        State may enter into a road maintenance 
                        agreement under which the Indian tribe 
                        assumes the responsibilities of the 
                        State for tribal transportation 
                        facilities.
                          (ii) Negotiations.--Agreements 
                        entered into under clause (i)--
                                  (I) shall be negotiated 
                                between the State and the 
                                Indian tribe; and
                                  (II) shall not require the 
                                approval of the Secretary.
          (8) Cooperation of states and counties.--
                  (A) In general.--The cooperation of States, 
                counties, and other political subdivisions of 
                States may be accepted in construction and 
                improvement of tribal transportation 
                facilities.
                  (B) Crediting of funds.--Any funds received 
                from a State, county, or other political 
                subdivision of a State for construction or 
                improvement of tribal transportation facilities 
                shall be credited to appropriations available 
                for the tribal transportation program.
                  (C) State use of federal funds for tribal 
                transportation facilities.--
                          (i) In general.--A State may provide 
                        a portion of Federal funds apportioned 
                        to the State under chapter 1 to an 
                        Indian tribe for an eligible tribal 
                        transportation facility.
                          (ii) Procedure.--If a State elects to 
                        provide funds to an Indian tribe under 
                        clause (i), the State shall transfer 
                        the funds back to the Secretary and the 
                        Secretary shall transfer the funds to 
                        the Indian tribe constructing or 
                        maintaining the eligible tribal 
                        transportation facility under an 
                        agreement pursuant to this paragraph.
                          (iii) Construction responsibility.--
                        Notwithstanding any other provision of 
                        law, if a State provides funds referred 
                        to in clause (i) to an Indian tribe--
                                  (I) the State shall not be 
                                responsible for constructing or 
                                maintaining a project carried 
                                out using the funds or for 
                                administering or supervising 
                                the project or funds during the 
                                applicable statute of 
                                limitations period of such 
                                State with respect to actions 
                                related to the construction of 
                                the project; and
                                  (II) the Indian tribe 
                                receiving the funds shall be 
                                responsible for constructing 
                                and maintaining a project 
                                carried out using the funds and 
                                for administering and 
                                supervising the project and 
                                funds in accordance with this 
                                section during the period 
                                referred to in subclause (I).
          (9) Competitive bidding.--
                  (A) In general.--Construction of a project 
                under the tribal transportation program shall 
                be performed pursuant to a contract awarded by 
                competitive bidding or other procurement 
                process authorized under the Indian Self-
                Determination and Education Assistance Act (25 
                U.S.C. 450 et seq.) unless the Secretary or the 
                Secretary of the Interior affirmatively finds 
                that, under the circumstances relating to the 
                project, some other method is in the public 
                interest.
                  (B) Applicability of other laws.--
                Notwithstanding subparagraph (A), section 23 of 
                the Act of June 25, 1910 (36 Stat. 861; known 
                as the Buy Indian Act) and section 7(b) of the 
                Indian Self-Determination and Education 
                Assistance Act (88 Stat. 2205) shall apply to 
                all funds administered by the Secretary of the 
                Interior that are appropriated for the 
                construction and improvement of tribal roads.
  (c) Funds Distribution.--
          (1) In general.--All funds authorized to be 
        appropriated for the tribal transportation program 
        shall be allocated among Indian tribes in accordance 
        with the formula maintained by the Secretary of the 
        Interior under paragraph (4).
          (2) National tribal transportation facility 
        inventory.--
                  (A) In general.--The Secretary of the 
                Interior, in cooperation with the Secretary, 
                shall maintain a comprehensive national 
                inventory of tribal transportation facilities 
                that are eligible for assistance under the 
                tribal transportation program. The Secretary of 
                the Interior, in cooperation with the 
                Secretary, by September 30, 2012, and by 
                September 30 of every second year thereafter, 
                shall accept into the comprehensive national 
                inventory those tribal transportation 
                facilities proposed by Indian tribes under the 
                regulations.
                  (B) Transportation facilities included in the 
                inventory.--For purposes of identifying the 
                tribal transportation system and determining 
                the relative transportation needs among Indian 
                tribes, the Secretary shall include in the 
                comprehensive national inventory, at a minimum, 
                transportation facilities that are eligible for 
                assistance under the tribal transportation 
                program that a tribe has requested, including 
                facilities that--
                          (i) were included in the Bureau of 
                        Indian Affairs system inventory prior 
                        to October 1, 2004;
                          (ii) are owned by an Indian tribal 
                        government;
                          (iii) are owned by the Bureau of 
                        Indian Affairs;
                          (iv) were constructed or 
                        reconstructed with funds from the 
                        Highway Trust Fund under the Indian 
                        reservation roads program since 1983;
                          (v) are community streets or bridges 
                        within the exterior boundary of Indian 
                        reservations, Alaska native villages, 
                        or other recognized Indian communities 
                        (including communities in former Indian 
                        reservations in Oklahoma) in which the 
                        majority of residents are American 
                        Indians or Alaska Natives; or
                          (vi) are primary access routes 
                        proposed by tribal governments, 
                        including roads between villages, roads 
                        to landfills, roads to drinking water 
                        sources, roads to natural resources 
                        identified for economic development, 
                        and roads that provide access to 
                        intermodal terminals, such as airports, 
                        harbors, or boat landings.
                  (C) Limitation on primary access routes.--For 
                purposes of this paragraph, a proposed primary 
                access route is the shortest practicable route 
                connecting 2 points of the proposed route.
                  (D) Additional facilities.--Nothing in this 
                paragraph shall preclude the Secretary of the 
                Interior from including additional 
                transportation facilities that are eligible for 
                funding under the tribal transportation program 
                in the inventory if such additional facilities 
                are included in the inventory in a uniform and 
                consistent manner nationally.
                  (E) Bridges.--All bridges in the inventory 
                shall be recorded in the national bridge 
                inventory administered by the Secretary under 
                section 151.
          (3) Regulations.--Notwithstanding sections 563(a) and 
        565(a) of title 5, the Secretary of the Interior shall 
        maintain regulations governing the tribal 
        transportation program and the funding formula under 
        paragraph (4) in accordance with established policies 
        and procedures.
          (4) Basis for funding formula factors.--
                  (A) In general.--The funding formula 
                established under this paragraph shall be based 
                on factors that reflect--
                          (i) the relative needs among the 
                        Indian tribes, and reservation or 
                        tribal communities, for transportation 
                        assistance; and
                          (ii) the relative administration 
                        capacities of, and challenges faced by, 
                        various Indian tribes, including the 
                        cost of road construction in each 
                        Bureau of Indian Affairs area, 
                        geographic isolation, and difficulty in 
                        maintaining all-weather access to 
                        employment, commerce, health, safety, 
                        and educational resources.
                  (B) Tribal high priority projects.--The 
                tribal high priority projects program as 
                included in the tribal transportation 
                allocation methodology of part 170 of title 25, 
                Code of Federal Regulations (as in effect on 
                the date of enactment of the American Energy 
                and Infrastructure Jobs Act of 2012), shall 
                continue in effect.
          (5) Distribution of funds to indian tribes.--
                  (A) In general.--Not later than 30 days after 
                the date on which funds are made available to 
                the Secretary or the Secretary of the Interior 
                for a fiscal year to carry out the tribal 
                transportation program, the funds shall be 
                distributed to, and available for immediate use 
                by, eligible Indian tribes in accordance with 
                the formula maintained by the Secretary of the 
                Interior under paragraph (4).
                  (B) Use of funds.--Notwithstanding any other 
                provision of this section, funds made available 
                to Indian tribes for tribal transportation 
                facilities shall be expended on projects 
                identified in a transportation improvement 
                program approved by the Secretary.
          (6) Health and safety assurances.--Notwithstanding 
        any other provision of law, an Indian tribal government 
        may approve plans, specifications, and estimates for, 
        and may commence, a project for construction of a 
        tribal transportation facility with funds made 
        available to carry out the tribal transportation 
        program through a contract or agreement entered into 
        under the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450 et seq.) if the Indian 
        tribal government--
                  (A) provides assurances in the contract or 
                agreement that the construction will meet or 
                exceed applicable health and safety standards;
                  (B) obtains the advance review of the plans 
                and specifications for the project from a 
                State-licensed civil engineer that has 
                certified that the plans and specifications 
                meet or exceed the applicable health and safety 
                standards;
                  (C) provides a copy of the certification 
                under subparagraph (A) to the Deputy Assistant 
                Secretary for Tribal Government Affairs of the 
                Department of Transportation or the Assistant 
                Secretary of Indian Affairs of the Department 
                of the Interior, as appropriate; and
                  (D) except with respect to a transportation 
                facility owned by the Bureau of Indian Affairs 
                or an Indian tribe, obtains the advance written 
                approval of the plans, specifications, and 
                estimates from the facility owner or public 
                authority having maintenance responsibility for 
                the facility and provides a copy of the 
                approval to the officials referred to in 
                subparagraph (C).
          (7) Contracts and agreements with indian tribes for 
        program costs.--
                  (A) In general.--Notwithstanding any other 
                provision of law or any interagency agreement, 
                program guideline, manual, or policy directive, 
                all funds made available under this chapter and 
                section 125(e) for tribal transportation 
                facilities to pay for the costs of programs, 
                services, functions, and activities, or 
                portions thereof, that are specifically or 
                functionally related to the cost of any tribal 
                transportation facility that provides access to 
                or is located within the reservation or 
                community of an Indian tribe shall be made 
                available, upon request of the Indian tribal 
                government, to the Indian tribal government for 
                contracts and agreements for such planning, 
                research, engineering, and construction in 
                accordance with the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450 et 
                seq.).
                  (B) Exclusion of agency participation.--Funds 
                for programs, functions, services, or 
                activities, or portions thereof (including 
                supportive administrative functions that are 
                otherwise contractible to which subparagraph 
                (A) applies) shall be paid in accordance with 
                subparagraph (A) without regard to the 
                organizational level at which the Department of 
                Transportation or the Department of the 
                Interior has previously carried out such 
                programs, functions, services, or activities.
          (8) Contracts and agreements with indian tribes for 
        tribal transportation facility programs and projects.--
                  (A) In general.--Notwithstanding any other 
                provision of law or any interagency agreement, 
                program guideline, manual, or policy directive, 
                all funds made available to an Indian tribal 
                government under this title or chapter 53 of 
                title 49 for a tribal transportation facility 
                program or project that is located on an Indian 
                reservation or provides access to the 
                reservation or a community of an Indian tribe 
                shall be made available, on the request of the 
                Indian tribal government, to the Indian tribal 
                government for use in carrying out, in 
                accordance with the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450 et 
                seq.), contracts, agreements, and grants for 
                the planning, research, design, engineering, 
                construction, and maintenance relating to the 
                program or project.
                  (B) Exclusion of agency participation.--In 
                accordance with subparagraph (A), all funds for 
                a program or project to which subparagraph (A) 
                applies shall be paid to the Indian tribal 
                government without regard to the organizational 
                level at which the Department of the Interior 
                has previously carried out, or the Department 
                of Transportation has previously carried out, 
                the programs, functions, services, or 
                activities involved.
                  (C) Consortia.--Two or more Indian tribes 
                that are otherwise eligible to participate in a 
                program or project to which this chapter 
                applies may form a consortium to be considered 
                as a single Indian tribe for the purpose of 
                participating in the project under this 
                section.
                  (D) Secretary as signatory.--Notwithstanding 
                any other provision of law, the Secretary is 
                authorized to enter into a funding agreement 
                with an Indian tribal government in accordance 
                with and governed by the Indian Self-
                Determination and Education Assistance Act (25 
                U.S.C. 450 et seq.) to carry out a tribal 
                transportation facility program or project 
                under subparagraph (A) that is located on an 
                Indian reservation or provides access to the 
                reservation or a community of the Indian tribe.
                  (E) Funding.--The amount an Indian tribal 
                government receives for a program or project 
                under subparagraph (A) shall equal the sum of 
                the funding that the Indian tribal government 
                would otherwise receive for the program or 
                project in accordance with the funding formula 
                established under this subsection and such 
                additional amounts as the Secretary determines 
                equal the amounts that would have been withheld 
                for the costs of the Bureau of Indian Affairs 
                for administration of the program or project.
                  (F) Eligibility.--
                          (i) In general.--Subject to clause 
                        (ii), funds may be made available under 
                        subparagraph (A) to an Indian tribal 
                        government for a program or project in 
                        a fiscal year only if the Indian tribal 
                        government requesting the funds 
                        demonstrates to the satisfaction of the 
                        Secretary financial stability and 
                        financial management capability during 
                        the 3 fiscal years immediately 
                        preceding the fiscal year for which the 
                        request is made.
                          (ii) Criteria for determining 
                        financial stability and financial 
                        management capability.--If an Indian 
                        tribal government did not have an 
                        uncorrected significant and material 
                        audit exception in a required annual 
                        audit of the Indian tribal government's 
                        self-determination contracts or self-
                        governance funding agreements with a 
                        Federal agency during the 3-fiscal year 
                        period referred in clause (i), the 
                        Indian tribe shall be treated as having 
                        conclusive evidence of its financial 
                        stability and financial management 
                        capability for purposes of clause (i).
                  (G) Assumption of functions and duties.--An 
                Indian tribal government receiving funding 
                under subparagraph (A) for a program or project 
                shall assume all functions and duties that the 
                Secretary or the Secretary of the Interior 
                would have performed with respect to a program 
                or project under this chapter, other than those 
                functions and duties that inherently cannot be 
                legally transferred under the Indian Self-
                Determination and Education Assistance Act (25 
                U.S.C. 450 et seq.).
                  (H) Powers.--An Indian tribal government 
                receiving funding under subparagraph (A) for a 
                program or project shall have all powers that 
                the Secretary or the Secretary of the Interior 
                would have exercised in administering the funds 
                transferred to the Indian tribal government for 
                such program or project under this section if 
                the funds had not been transferred, except to 
                the extent that such powers are powers that 
                inherently cannot be legally transferred under 
                the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450 et seq.).
                  (I) Dispute resolution.--In the event of a 
                disagreement between the Secretary or the 
                Secretary of the Interior and an Indian tribe 
                over whether a particular function, duty, or 
                power may be lawfully transferred under the 
                Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450 et seq.), the 
                Indian tribe shall have the right to pursue all 
                alternative dispute resolutions and appeal 
                procedures authorized by such Act, including 
                regulations issued to carry out such Act.
                  (J) Termination of contract or agreement.--On 
                the date of the termination of a contract or 
                agreement under this section by an Indian 
                tribal government, the Secretary shall transfer 
                all funds that would have been allocated to the 
                Indian tribal government under the contract or 
                agreement to the Secretary of the Interior to 
                provide continued transportation services in 
                accordance with applicable law.
  (d) Planning by Indian Tribal Governments.--
          (1) In general.--Of the funds made available for a 
        fiscal year to carry out the tribal transportation 
        program, the greater of 2 percent or $35,000 may be 
        allocated to Indian tribal governments that have been 
        authorized to conduct transportation planning pursuant 
        to the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450 et seq.).
          (2) Cooperation.--An Indian tribal government 
        described in paragraph (1), in cooperation with the 
        Secretary of the Interior, and as appropriate with a 
        State, local government, or metropolitan planning 
        organization, shall carry out a transportation planning 
        process in accordance with section 201(e).
          (3) Approval.--Projects selected by an Indian tribal 
        government described in paragraph (1) from a 
        transportation improvement program shall be subject to 
        the approval of the Secretary of the Interior and the 
        Secretary.
  (e) Federal-Aid Eligible Project.--Before approving as a 
project on a tribal transportation facility any project 
eligible funds apportioned under section 104 in a State, the 
Secretary shall determine that the obligation of funds for such 
project is supplementary to and not in lieu of the obligation, 
for projects on tribal transportation facilities, of a fair and 
equitable share of funds apportioned to such State under 
section 104.
  (f) Eligibility for Discretionary and Competitive Grants.--
Notwithstanding any other provision of law, an Indian tribe may 
directly apply for and receive any discretionary or competitive 
grant made available to a State or a political subdivision of a 
State under this title or chapter 53 of title 49 in the same 
manner and under the same circumstances as a State or a 
political subdivision of a State.

Sec. 203. Federal lands transportation program

  (a) In General.--The Secretary shall carry out a Federal 
lands transportation program in accordance with the 
requirements of this section.
  (b) Use of Funds.--
          (1) In general.--Funds made available to carry out 
        the Federal lands transportation program shall be used 
        by the Secretary and the Secretaries of Federal land 
        management agencies to pay for the following:
                  (A) The covered costs of--
                          (i) Federal lands highways;
                          (ii) vehicular parking areas adjacent 
                        to Federal lands highways (which may 
                        include electric vehicle charging 
                        stations);
                          (iii) pedestrian walkways and bicycle 
                        transportation facilities (as defined 
                        in section 217) on Federal lands; and
                          (iv) roadside rest areas, including 
                        sanitary and water facilities, on 
                        Federal lands.
                  (B) The costs of transportation projects on 
                public roads or trails eligible for assistance 
                under this title that are within, or provide 
                access to, Federal lands.
                  (C) The costs of public transportation 
                projects eligible for assistance under section 
                5311(b)(1) of title 49 that are within, or 
                provide access to, Federal lands (without 
                regard to whether the project is located in an 
                urbanized area).
                  (D) The costs of rehabilitation, restoration, 
                and construction of interpretive signage at 
                Federal lands highways.
                  (E) The costs of acquisition of necessary 
                scenic easements and scenic or historic sites 
                associated with Federal lands highways.
          (2) Covered costs defined.--In paragraph (1), the 
        term ``covered costs'' means the costs of program 
        administration, transportation planning, research, 
        preventive maintenance, engineering, rehabilitation, 
        restoration, construction, and reconstruction.
          (3) Contract.--In connection with an activity 
        described in paragraph (1), the Secretary and the 
        Secretary of the appropriate Federal land management 
        agency may enter into a contract or other appropriate 
        agreement with respect to such activity with--
                  (A) a State (including a political 
                subdivision of a State); or
                  (B) an Indian tribe.
          (4) Administration.--All appropriations for the 
        construction and improvement of Federal lands 
        transportation facilities shall be administered in 
        conformity with regulations and agreements jointly 
        approved by the Secretary and the Secretary of the 
        appropriate Federal land management agency.
          (5) Cooperation.--
                  (A) In general.--The cooperation of States 
                and political subdivisions of States may be 
                accepted in construction and improvement of 
                Federal lands transportation facilities.
                  (B) Crediting of funds.--Any funds received 
                from a State or a political subdivision of a 
                State for such construction or improvement of 
                Federal lands transportation facilities shall 
                be credited to appropriations available for the 
                class of Federal lands transportation 
                facilities to which funds were contributed.
          (6) Competitive bidding.--Construction of a project 
        under the Federal lands transportation program shall be 
        performed pursuant to a contract awarded by competitive 
        bidding unless the Secretary or the Secretary of the 
        appropriate Federal land management agency 
        affirmatively finds that, under the circumstances 
        relating to the project, some other method is in the 
        public interest.
  (c) Agency Program Distributions.--
          (1) In general.--On October 1 of each fiscal year, 
        the Secretary shall allocate the funds made available 
        to carry out the Federal lands transportation program 
        for the fiscal year on the basis of applications of 
        need, as determined by the Secretary, and in 
        coordination with the transportation plans required by 
        section 201(e), of the respective transportation 
        systems of the Federal land management agencies.
          (2) Minimum allocations.--When making an allocation 
        of funds under paragraph (1) for a fiscal year, the 
        Secretary shall ensure that, of the total amount of 
        funds subject to the allocation--
                  (A) the National Park Service receives, at a 
                minimum, 38 percent;
                  (B) the Forest Service receives, at a 
                minimum, 32 percent; and
                  (C) the United States Fish and Wildlife 
                Service receives, at a minimum, 4.5 percent.
          (3) Applications.--
                  (A) In general.--The Secretary of a Federal 
                land management agency may submit to the 
                Secretary an application for assistance under 
                the Federal lands transportation program.
                  (B) Contents.--An application submitted by 
                the Secretary of a Federal land management 
                agency under subparagraph (A) shall contain 
                such information as the Secretary may require, 
                including a description of any proposed program 
                for which the agency is seeking assistance and 
                the potential funding levels for the program.
                  (C) Considerations.--In reviewing a proposed 
                program described in an application submitted 
                by the Secretary of a Federal land management 
                agency under subparagraph (A), the Secretary 
                shall consider the extent to which the program 
                supports--
                          (i) a state of good repair of 
                        transportation facilities across the 
                        agency's inventory;
                          (ii) a reduction of deficient bridges 
                        across the agency's inventory;
                          (iii) improvement of safety across 
                        the agency's inventory;
                          (iv) high use Federal recreation 
                        sites or Federal economic generators; 
                        and
                          (v) the resource management goals of 
                        the Secretary of the respective Federal 
                        land management agency.
  (d) National Federal Lands Highways Inventory.--
          (1) In general.--The Secretaries of the Federal land 
        management agencies, in cooperation with the Secretary, 
        shall maintain a comprehensive national inventory of 
        Federal lands highways.
          (2) Highways included in the inventory.--For purposes 
        of identifying the Federal lands transportation system 
        and determining the relative transportation needs among 
        Federal land management agencies, the inventory shall 
        include, at a minimum, highways that--
                  (A) provide access to high use Federal 
                recreation sites or Federal economic 
                generators, as determined by the Secretary in 
                coordination with the Secretaries of the 
                Federal land management agencies; and
                  (B) are administered by a Federal land 
                management agency.
          (3) Availability.--The Secretary of each Federal land 
        management agency shall maintain an inventory of the 
        Federal lands highways administered by the agency and 
        make the inventory available to the Secretary.
          (4) Updates.--The Secretary of each Federal land 
        management agency shall update its inventory referred 
        to in paragraph (3) as determined by the Secretary.
          (5) Review.--A decision to add or remove a highway 
        from an inventory referred to in paragraph (1) or (4) 
        shall not be considered a Federal action for purposes 
        of review under the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.).

Sec. 205. Forest development roads and trails

  (a) * * *

           *       *       *       *       *       *       *

  (d) Funds available for forest development roads and trails 
shall be available for adjacent vehicular parking areas (which 
may include electric vehicle charging stations) and for 
sanitary, water, and fire control facilities.

           *       *       *       *       *       *       *

Sec. 207. Tribal transportation self-governance program

  (a) Establishment.--Subject to the requirements of this 
section, the Secretary shall establish and carry out a program 
to be known as the tribal transportation self-governance 
program. The Secretary may delegate responsibilities for 
administration of the program as the Secretary determines 
appropriate.
  (b) Eligibility.--
          (1) In general.--An Indian tribe shall be eligible to 
        participate in the program if the Indian tribe--
                  (A) requests participation in the program by 
                resolution or other official action by the 
                governing body of the Indian tribe; and
                  (B) demonstrates, for the preceding 3 fiscal 
                years, financial stability and financial 
                management capability.
          (2) Criteria for determining financial stability and 
        financial management capacity.--For the purposes of 
        paragraph (1)(B), evidence that, during the preceding 3 
        fiscal years, an Indian tribe had no uncorrected 
        significant and material audit exceptions in the 
        required annual audit of the Indian tribe's self-
        determination contracts or self-governance funding 
        agreements with any Federal agency shall be conclusive 
        evidence of the required stability and capability.
  (c) Compacts.--
          (1) Compact required.--Upon the request of an 
        eligible Indian tribe, and subject to the requirements 
        of this section, the Secretary shall negotiate and 
        enter into a written compact with the Indian tribe for 
        the purpose of providing for the participation of the 
        Indian tribe in the program.
          (2) Contents.--A compact entered into under paragraph 
        (1) shall set forth the general terms of the 
        government-to-government relationship between the 
        Indian tribe and the United States under the program 
        and other terms that will continue to apply in future 
        fiscal years.
          (3) Amendments.--A compact entered into with an 
        Indian tribe under paragraph (1) may be amended only by 
        mutual agreement of the Indian tribe and the Secretary.
  (d) Annual Funding Agreements.--
          (1) Funding agreement required.--After entering into 
        a compact with an Indian tribe under subsection (c), 
        the Secretary shall negotiate and enter into a written 
        annual funding agreement with the Indian tribe.
          (2) Contents.--
                  (A) In general.--
                          (i) Discretionary and competitive 
                        grants.--A funding agreement entered 
                        into with an Indian tribe shall 
                        authorize the Indian tribe, as 
                        determined by the Indian tribe, to 
                        plan, conduct, consolidate, administer, 
                        and receive full tribal share funding 
                        and funding to tribes from 
                        discretionary and competitive grants 
                        administered by the Department for all 
                        programs, services, functions, and 
                        activities (or portions thereof) that 
                        are made available to Indian tribes to 
                        carry out tribal transportation 
                        programs and programs, services, 
                        functions, and activities (or portions 
                        thereof) administered by the Secretary 
                        that are otherwise available to Indian 
                        tribes.
                          (ii) Transfers of state funds.--
                                  (I) Inclusion of transferred 
                                funds in funding agreement.--A 
                                funding agreement entered into 
                                with an Indian tribe shall 
                                include Federal-aid funds 
                                apportioned to a State under 
                                chapter 1 if the State elects 
                                to provide a portion of such 
                                funds to the Indian tribe for a 
                                project eligible under section 
                                202(b).
                                  (II) Method for transfers.--
                                If a State elects to provide 
                                funds described in subclause 
                                (I) to an Indian tribe, the 
                                State shall transfer the funds 
                                back to the Secretary and the 
                                Secretary shall transfer the 
                                funds to the Indian tribe in 
                                accordance with this section.
                                  (III) Responsibility for 
                                transferred funds.--
                                Notwithstanding any other 
                                provision of law, if a State 
                                provides funds described in 
                                subclause (I) to an Indian 
                                tribe--
                                          (aa) the State shall 
                                        not be responsible for 
                                        constructing or 
                                        maintaining a project 
                                        carried out using the 
                                        funds or for 
                                        administering or 
                                        supervising the project 
                                        or funds during the 
                                        applicable statute of 
                                        limitations period 
                                        related to the 
                                        construction of the 
                                        project; and
                                          (bb) the Indian tribe 
                                        shall be responsible 
                                        for constructing and 
                                        maintaining a project 
                                        carried out using the 
                                        funds and for 
                                        administering and 
                                        supervising the project 
                                        and funds in accordance 
                                        with this section 
                                        during the applicable 
                                        statute of limitations 
                                        period related to the 
                                        construction of the 
                                        project.
                  (B) Administration of tribal shares.--The 
                tribal shares referred to in subparagraph (A) 
                shall be provided without regard to the agency 
                or office of the Department within which the 
                program, service, function, or activity (or 
                portion thereof) is performed.
                  (C) Flexible and innovative financing.--
                          (i) In general.--A funding agreement 
                        entered into with an Indian tribe under 
                        paragraph (1) shall include provisions 
                        pertaining to flexible and innovative 
                        financing if agreed upon by the 
                        parties.
                          (ii) Terms and conditions.--
                                  (I) Authority to issue 
                                regulations.--The Secretary may 
                                issue regulations to establish 
                                the terms and conditions 
                                relating to the flexible and 
                                innovative financing provisions 
                                referred to in clause (i).
                                  (II) Terms and conditions in 
                                absence of regulations.--If the 
                                Secretary does not issue 
                                regulations under subclause 
                                (I), the terms and conditions 
                                relating to the flexible and 
                                innovative financing provisions 
                                referred to in clause (i) shall 
                                be consistent with--
                                          (aa) agreements 
                                        entered into by the 
                                        Department under 
                                        section 202(c)(8) 
                                        before the date of 
                                        enactment of the 
                                        American Energy and 
                                        Infrastructure Jobs Act 
                                        of 2012; or
                                          (bb) regulations of 
                                        the Department of the 
                                        Interior relating to 
                                        flexible financing 
                                        contained in part 170 
                                        of title 25, Code of 
                                        Federal Regulations, as 
                                        in effect on the date 
                                        of enactment of such 
                                        Act.
          (3) Discretionary and competitive grants.--
        Notwithstanding any other provision of law, an Indian 
        tribe shall be eligible to directly apply for and 
        receive the discretionary and competitive grants made 
        available under transportation programs that States or 
        political subdivisions of States are eligible to apply 
        for and receive.
          (4) Terms.--A funding agreement shall set forth--
                  (A) terms that generally identify the 
                programs, services, functions, and activities 
                (or portions thereof) to be performed or 
                administered by the Indian tribe; and
                  (B) for items identified in subparagraph 
                (A)--
                          (i) the general budget category 
                        assigned;
                          (ii) the funds to be provided, 
                        including those funds to be provided on 
                        a recurring basis;
                          (iii) the time and method of transfer 
                        of the funds;
                          (iv) the responsibilities of the 
                        Secretary and the Indian tribe; and
                          (v) any other provision agreed to by 
                        the Indian tribe and the Secretary.
          (5) Subsequent funding agreements.--
                  (A) Applicability of existing agreement.--
                Absent notification from an Indian tribe that 
                the Indian tribe is withdrawing from or 
                retroceding the operation of one or more 
                programs, services, functions, or activities 
                (or portions thereof) identified in a funding 
                agreement, or unless otherwise agreed to by the 
                parties, each funding agreement shall remain in 
                full force and effect until a subsequent 
                funding agreement is executed.
                  (B) Effective date of subsequent agreement.--
                The terms of the subsequent funding agreement 
                shall be retroactive to the end of the term of 
                the preceding funding agreement.
          (6) Consent of indian tribe required.--The Secretary 
        shall not revise, amend, or require additional terms in 
        a new or subsequent funding agreement without the 
        consent of the Indian tribe that is subject to the 
        agreement unless such terms are required by Federal 
        law.
  (e) General Provisions.--
          (1) Redesign and consolidation.--
                  (A) In general.--An Indian tribe, in any 
                manner that the Indian tribe considers to be in 
                the best interest of the Indian community being 
                served, may--
                          (i) redesign or consolidate programs, 
                        services, functions, and activities (or 
                        portions thereof) included in a funding 
                        agreement; and
                          (ii) reallocate or redirect funds for 
                        such programs, services, functions, and 
                        activities (or portions thereof), if 
                        the funds are--
                                  (I) expended on projects 
                                identified in a transportation 
                                improvement program approved by 
                                the Secretary; and
                                  (II) used in accordance with 
                                appropriations Acts and other 
                                applicable statutory 
                                limitations.
                  (B) Exception.--Notwithstanding subparagraph 
                (A), if, pursuant to subsection (d), an Indian 
                tribe receives a discretionary or competitive 
                grant from the Secretary or receives State 
                apportioned funds, the Indian tribe shall use 
                the funds for the purpose for which the funds 
                were originally authorized.
          (2) Retrocession.--
                  (A) In general.--
                          (i) Authority of indian tribes.--An 
                        Indian tribe may retrocede (fully or 
                        partially) to the Secretary programs, 
                        services, functions, or activities (or 
                        portions thereof) included in a compact 
                        or funding agreement.
                          (ii) Reassumption of remaining 
                        funds.--Following a retrocession 
                        described in clause (i), the Secretary 
                        may--
                                  (I) reassume the remaining 
                                funding associated with the 
                                retroceded programs, functions, 
                                services, and activities (or 
                                portions thereof) included in 
                                the applicable compact or 
                                funding agreement;
                                  (II) out of such remaining 
                                funds, transfer funds 
                                associated with Department of 
                                Interior programs, services, 
                                functions, or activities (or 
                                portions thereof) to the 
                                Secretary of the Interior to 
                                carry out transportation 
                                services provided by the 
                                Secretary of the Interior; and
                                  (III) distribute funds not 
                                transferred under subclause 
                                (II) in accordance with 
                                applicable law.
                          (iii) Correction of programs.--If the 
                        Secretary makes a finding under 
                        subsection (f)(2)(B) and no funds are 
                        available under subsection 
                        (f)(2)(A)(ii), the Secretary shall not 
                        be required to provide additional funds 
                        to complete or correct any programs, 
                        functions, or activities (or portions 
                        thereof).
                  (B) Effective date.--Unless the Indian tribe 
                rescinds a request for retrocession, the 
                retrocession shall become effective within the 
                timeframe specified by the parties in the 
                compact or funding agreement. In the absence of 
                such a specification, the retrocession shall 
                become effective on--
                          (i) the earlier of--
                                  (I) 1 year after the date of 
                                submission of the request; or
                                  (II) the date on which the 
                                funding agreement expires; or
                          (ii) such date as may be mutually 
                        agreed upon by the parties and, with 
                        respect to Department of the Interior 
                        programs, functions, services, and 
                        activities (or portions thereof), the 
                        Secretary of the Interior.
  (f) Provisions Relating to the Secretary.--
          (1) Decisionmaker.--A decision that constitutes a 
        final agency action and relates to an appeal of the 
        rejection of a final offer by the Department shall be 
        made either--
                  (A) by an official of the Department who 
                holds a position at a higher organizational 
                level within the Department than the level of 
                the departmental agency in which the decision 
                that is the subject of the appeal was made; or
                  (B) by an administrative judge.
          (2) Termination of compact or funding agreement.--
                  (A) Authority to terminate.--
                          (i) Provision to be included in 
                        compact or funding agreement.--A 
                        compact or funding agreement shall 
                        include a provision authorizing the 
                        Secretary, if the Secretary makes a 
                        finding described in subparagraph (B), 
                        to--
                                  (I) terminate the compact or 
                                funding agreement (or a portion 
                                thereof); and
                                  (II) reassume the remaining 
                                funding associated with the 
                                reassumed programs, functions, 
                                services, and activities 
                                included in the compact or 
                                funding agreement.
                          (ii) Transfers of funds.--Out of any 
                        funds reassumed under clause (i)(II), 
                        the Secretary may transfer the funds 
                        associated with Department of the 
                        Interior programs, functions, services, 
                        and activities (or portions thereof) to 
                        the Secretary of the Interior to 
                        provide continued transportation 
                        services in accordance with applicable 
                        law.
                  (B) Findings resulting in termination.--The 
                finding referred to in subparagraph (A) is a 
                specific finding of--
                          (i) imminent jeopardy to a trust 
                        asset, natural resources, or public 
                        health and safety that is caused by an 
                        act or omission of the Indian tribe and 
                        that arises out of a failure to carry 
                        out the compact or funding agreement, 
                        as determined by the Secretary; or
                          (ii) gross mismanagement with respect 
                        to funds or programs transferred to the 
                        Indian tribe under the compact or 
                        funding agreement, as determined by the 
                        Secretary in consultation with the 
                        Inspector General of the Department, as 
                        appropriate.
                  (C) Prohibition.--The Secretary shall not 
                terminate a compact or funding agreement (or 
                portion thereof) unless--
                          (i) the Secretary has first provided 
                        written notice and a hearing on the 
                        record to the Indian tribe that is 
                        subject to the compact or funding 
                        agreement; and
                          (ii) the Indian tribe has not taken 
                        corrective action to remedy the 
                        mismanagement of funds or programs or 
                        the imminent jeopardy to a trust asset, 
                        natural resource, or public health and 
                        safety.
                  (D) Exception.--
                          (i) In general.--Notwithstanding 
                        subparagraph (C), the Secretary, upon 
                        written notification to an Indian tribe 
                        that is subject to a compact or funding 
                        agreement, may immediately terminate 
                        the compact or funding agreement (or 
                        portion thereof) if--
                                  (I) the Secretary makes a 
                                finding of imminent substantial 
                                and irreparable jeopardy to a 
                                trust asset, natural resource, 
                                or public health and safety; 
                                and
                                  (II) the jeopardy arises out 
                                of a failure to carry out the 
                                compact or funding agreement.
                          (ii) Hearings.--If the Secretary 
                        terminates a compact or funding 
                        agreement (or portion thereof) under 
                        clause (i), the Secretary shall provide 
                        the Indian tribe subject to the compact 
                        or agreement with a hearing on the 
                        record not later than 10 days after the 
                        date of such termination.
                  (E) Burden of proof.--In any hearing or 
                appeal involving a decision to terminate a 
                compact or funding agreement (or portion 
                thereof) under this paragraph, the Secretary 
                shall have the burden of proof in demonstrating 
                by clear and convincing evidence the validity 
                of the grounds for the termination.
  (g) Cost Principles.--In administering funds received under 
this section, an Indian tribe shall apply cost principles under 
the applicable Office of Management and Budget circular, except 
as modified by section 106 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450j-1), other provisions 
of law, or by any exemptions to applicable Office of Management 
and Budget circulars subsequently granted by the Office of 
Management and Budget. No other audit or accounting standards 
shall be required by the Secretary. Any claim by the Federal 
Government against the Indian tribe relating to funds received 
under a funding agreement based on any audit conducted pursuant 
to this subsection shall be subject to the provisions of 
section 106(f) of such Act (25 U.S.C. 450j-1(f)).
  (h) Transfer of Funds.--The Secretary shall provide funds to 
an Indian tribe under a funding agreement in an amount equal 
to--
          (1) the sum of the funding that the Indian tribe 
        would otherwise receive for the program, function, 
        service, or activity in accordance with a funding 
        formula or other allocation method established under 
        this title or chapter 53 of title 49; and
          (2) such additional amounts as the Secretary 
        determines equal the amounts that would have been 
        withheld for the costs of the Bureau of Indian Affairs 
        for administration of the program or project.
  (i) Construction Programs.--
          (1) Standards.--Construction projects carried out 
        under programs administered by an Indian tribe with 
        funds transferred to the Indian tribe pursuant to a 
        funding agreement entered into under this section shall 
        be constructed pursuant to the construction program 
        standards set forth in applicable regulations or as 
        specifically approved by the Secretary (or the 
        Secretary's designee).
          (2) Monitoring.--Construction programs shall be 
        monitored by the Secretary in accordance with 
        applicable regulations.
  (j) Facilitation.--
          (1) Secretarial interpretation.--Except as otherwise 
        provided by law, the Secretary shall interpret all 
        Federal laws, Executive orders, and regulations in a 
        manner that will facilitate--
                  (A) the inclusion of programs, services, 
                functions, and activities (or portions thereof) 
                and funds associated therewith, in compacts and 
                funding agreements; and
                  (B) the implementation of the compacts and 
                funding agreements.
          (2) Regulation waiver.--
                  (A) In general.--An Indian tribe may submit 
                to the Secretary a written request to waive 
                application of a regulation promulgated under 
                this section with respect to a compact or 
                funding agreement. The request shall identify 
                the regulation sought to be waived and the 
                basis for the request.
                  (B) Approvals and denials.--
                          (i) In general.--Not later than 90 
                        days after the date of receipt of a 
                        written request under subparagraph (A), 
                        the Secretary shall approve or deny the 
                        request in writing.
                          (ii) Denials.--The Secretary may deny 
                        a request under clause (i) only if the 
                        Secretary finds that the identified 
                        language in the regulation may not be 
                        waived because the waiver is prohibited 
                        by Federal law.
                          (iii) Deemed approval.--If the 
                        Secretary does not approve or deny a 
                        request submitted under subparagraph 
                        (A) on or before the last day of the 
                        90-day period referred to in clause 
                        (i), the request shall be deemed 
                        approved.
                          (iv) Finality of decisions.--A 
                        decision by the Secretary under this 
                        subparagraph shall be final for the 
                        Department.
  (k) Disclaimers.--
          (1) Existing authority.--Notwithstanding any other 
        provision of law, upon the election of an Indian tribe, 
        the Secretary shall--
                  (A) maintain current Federal Highway 
                Administration Indian reservation roads program 
                and funding agreements; or
                  (B) enter into new agreements under the 
                authority of section 202(c)(8).
          (2) Limitation on statutory construction.--Nothing in 
        this section may be construed to impair or diminish the 
        authority of the Secretary under section 202(c)(8).
  (l) Applicability of Indian Self-Determination and Education 
Assistance Act.--Except to the extent in conflict with this 
section (as determined by the Secretary), the following 
provisions of the Indian Self-Determination and Education 
Assistance Act shall apply to compact and funding agreements 
(except that references to the Secretary of the Interior in 
such provisions shall treated as a references to the Secretary 
of Transportation):
          (1) Subsections (a), (b), (d), (g), and (h) of 
        section 506 of such Act (25 U.S.C. 458aaa-5), relating 
        to general provisions.
          (2) Subsections (b) through (e) and (g) of section 
        507 of such Act (25 U.S.C.458aaa-6), relating to 
        provisions relating to the Secretary of Health and 
        Human Services.
          (3) Subsections (a), (b), (d), (e), (g), (h), (i), 
        and (k) of section 508 of such Act (25 U.S.C. 458aaa-
        7), relating to transfer of funds.
          (4) Section 510 of such Act (25 U.S.C. 458aaa-9), 
        relating to Federal procurement laws and regulations.
          (5) Section 511 of such Act (25 U.S.C. 458aaa-10), 
        relating to civil actions.
          (6) Subsections (a)(1), (a)(2), and (c) through (f) 
        of section 512 of such Act (25 U.S.C. 458aaa-11), 
        relating to facilitation, except that subsection (c)(1) 
        of that section shall be applied by substituting 
        ``transportation facilities and other facilities'' for 
        ``school buildings, hospitals, and other facilities''.
          (7) Subsections (a) and (b) of section 515 of such 
        Act (25 U.S.C. 458aaa-14), relating to disclaimers.
          (8) Subsections (a) and (b) of section 516 of such 
        Act (25 U.S.C. 458aaa-15), relating to application of 
        title I provisions.
          (9) Section 518 of such Act (25 U.S.C. 458aaa-17), 
        relating to appeals.
  (m) Definitions.--
          (1) In general.--In this section, the following 
        definitions apply (except as otherwise expressly 
        provided):
                  (A) Compact.--The term ``compact'' means a 
                compact between the Secretary and an Indian 
                tribe entered into under subsection (c).
                  (B) Department.--The term ``Department'' 
                means the Department of Transportation.
                  (C) Eligible indian tribe.--The term 
                ``eligible Indian tribe'' means an Indian tribe 
                that is eligible to participate in the program, 
                as determined under subsection (b).
                  (D) Funding agreement.--The term ``funding 
                agreement'' means a funding agreement between 
                the Secretary and an Indian tribe entered into 
                under subsection (d).
                  (E) Indian tribe.--The term ``Indian tribe'' 
                means any Indian or Alaska Native tribe, band, 
                nation, pueblo, village, or community that the 
                Secretary of the Interior acknowledges to exist 
                as an Indian tribe under the Federally 
                Recognized Indian Tribe List Act of 1994 (25 
                U.S.C. 479a). In any case in which an Indian 
                tribe has authorized another Indian tribe, an 
                inter-tribal consortium, or a tribal 
                organization to plan for or carry out programs, 
                services, functions, or activities (or portions 
                thereof) on its behalf under this part, the 
                authorized Indian tribe, inter-tribal 
                consortium, or tribal organization shall have 
                the rights and responsibilities of the 
                authorizing Indian tribe (except as otherwise 
                provided in the authorizing resolution or in 
                this title). In such event, the term ``Indian 
                tribe'' as used in this part shall include such 
                other authorized Indian tribe, inter-tribal 
                consortium, or tribal organization.
                  (F) Program.--The term ``program'' means the 
                tribal transportation self-governance program 
                established under this section.
                  (G) Secretary.--The term ``Secretary'' means 
                the Secretary of Transportation.
                  (H) Transportation programs.--The term 
                ``transportation programs'' means all programs 
                administered or financed by the Department 
                under this title and chapter 53 of title 49.
          (2) Applicability of other definitions.--In this 
        section, the definitions set forth in sections 4 and 
        505 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b; 458aaa) apply, except 
        as otherwise expressly provided in this section.
  (n) Regulations.--
          (1) In general.--
                  (A) Promulgation.--Not later than 90 days 
                after the date of enactment of the American 
                Energy and Infrastructure Jobs Act of 2012, the 
                Secretary shall initiate procedures under 
                subchapter III of chapter 5 of title 5 to 
                negotiate and promulgate such regulations as 
                are necessary to carry out this section.
                  (B) Publication of proposed regulations.--
                Proposed regulations to implement this section 
                shall be published in the Federal Register by 
                the Secretary not later than 21 months after 
                such date of enactment.
                  (C) Expiration of authority.--The authority 
                to promulgate regulations under this paragraph 
                shall expire 30 months after such date of 
                enactment.
                  (D) Extension of deadlines.--A deadline set 
                forth in subparagraph (B) or (C) may be 
                extended up to 180 days if the negotiated 
                rulemaking committee referred to in paragraph 
                (2) concludes that the committee cannot meet 
                the deadline and the Secretary so notifies the 
                appropriate committees of Congress.
          (2) Committee.--
                  (A) In general.--A negotiated rulemaking 
                committee established pursuant to section 565 
                of title 5 to carry out this subsection shall 
                have as its members only Federal and tribal 
                government representatives, a majority of whom 
                shall be nominated by and be representatives of 
                Indian tribes with funding agreements under 
                this title.
                  (B) Requirements.--The committee shall confer 
                with, and accommodate participation by, 
                representatives of Indian tribes, inter-tribal 
                consortia, tribal organizations, and individual 
                tribal members.
                  (C) Adaptation of procedures.--The Secretary 
                shall adapt the negotiated rulemaking 
                procedures to the unique context of self-
                governance and the government-to-government 
                relationship between the United States and 
                Indian tribes.
          (3) Effect.--The lack of promulgated regulations 
        shall not limit the effect of this section.
          (4) Effect of circulars, policies, manuals, guidance, 
        and rules.--Unless expressly agreed to by the 
        participating Indian tribe in the compact or funding 
        agreement, the participating Indian tribe shall not be 
        subject to any agency circular, policy, manual, 
        guidance, or rule adopted by the Department of 
        Transportation, except regulations promulgated under 
        this section.

           *       *       *       *       *       *       *

[Sec. 212. Inter-American Highway

  [(a) Funds appropriated for the Inter-American Highway shall 
be used to enable the United States to cooperate with the 
Governments of the American Republics situated in Central 
America - that is, with the Governments of the Republic of 
Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and 
Panama - in the survey and construction of the Inter-American 
Highway within the borders of the aforesaid Republics, 
respectively. Not to exceed one-third of the appropriation 
authorized for each fiscal year may be expended without 
requiring the country or countries in which such funds may be 
expended to match any part thereof, if the Secretary of State 
shall find that the cost of constructing said highway in such 
country or countries will be beyond their reasonable capacity 
to bear. The remainder of such authorized appropriations shall 
be available for expenditure only when matched to the extent 
required by this section by the country in which such 
expenditure may be made. Expenditures from the funds available 
on a matching basis shall not be made for the survey and 
construction of any portion of said highway within the borders 
of any country named herein unless such country shall provide 
and make available for expenditure in conjunction therewith a 
sum equal to at least one-third of the expenditures that may be 
incurred by that Government and the United States on such 
portion of the highway. All expenditures by the United States 
under the provisions of this section for material, equipment, 
and supplies shall, whenever practicable, be made for products 
of the United States or of the country in which such survey or 
construction work is being carried on. Construction work to be 
performed under contract shall be advertised for a reasonable 
period by the Minister of Public Works, or other similar 
official, of the government concerned in each of the 
participating countries and contracts shall be awarded pursuant 
to such advertisements with the approval of the Secretary. No 
part of the appropriations authorized shall be available for 
obligation or expenditure for work on said highway in any 
cooperating country unless the government of said country shall 
have assented to the provisions of this section; shall have 
furnished satisfactory assurances that it has an organization 
adequately qualified to administer the functions required of 
such country under the provisions hereof; and then only as such 
country may submit requests, from time to time, for the 
construction of any portion of the highway to standards 
adequate to meet present and future traffic needs. No part of 
said appropriations shall be available for obligation or 
expenditure in any such country until the government of that 
country shall have entered into an agreement with the United 
States which shall provide, in part, that said country--
          [(1) will provide, without participation of funds 
        authorized, all necessary rights-of-way for the 
        construction of said highway, which rights-of-way shall 
        be of a minimum width where practicable of one hundred 
        meters in rural areas and fifty meters in 
        municipalities and shall forever be held inviolate as a 
        part of the highway for public use;
          [(2) will not impose any highway toll, or permit any 
        such toll to be charged, for use by vehicles or persons 
        of any portion of said highway constructed under the 
        provisions of this section;
          [(3) will not levy or assess, directly or indirectly, 
        any fee, tax, or other charge for the use of said 
        highway by vehicles or persons from the United States 
        that does not apply equally to vehicles or persons of 
        such country;
          [(4) will continue to grant reciprocal recognition of 
        vehicle registration and drivers' licenses in 
        accordance with the provisions of the Convention for 
        the Regulation of Inter-American Automotive Traffic, 
        which was opened for signature at the Pan American 
        Union in Washington on December 15, 1943, and to which 
        such country and the United States are parties, or of 
        any other treaty or international convention 
        establishing similar reciprocal recognition; and
          [(5) will provide for the maintenance of said highway 
        after its completion in condition adequately to serve 
        the needs of present and future traffic.
  [(b) The survey and construction work authorized by this 
section shall be under the administration of the Secretary, who 
shall consult with the appropriate officials of the Department 
of State with respect to matters involving the foreign 
relations of this Government, and such negotiations with the 
Governments of the American Republics named in subsection (a) 
of this section as may be required to carry out the purposes of 
this section shall be conducted through, or as authorized by, 
the Department of State.
  [(c) The provisions of this section shall not create nor 
authorize the creation of any obligations on the part of the 
Government of the United States with respect to any 
expenditures for highway construction or survey heretofore or 
hereafter undertaken in any of the countries enumerated in 
subsection (a) of this section, other than the expenditures 
authorized by the provisions of this section.
  [(d) Appropriations made pursuant to any authorizations 
heretofore, or hereafter enacted for the Inter-American Highway 
shall be considered available for expenditure by the Secretary 
for necessary administrative and engineering expenses in 
connection with the Inter-American Highway program.]

           *       *       *       *       *       *       *

[Sec. 216. Darien Gap Highway

  [(a) The United States shall cooperate with the Government of 
the Republic of Panama and with the Government of Colombia in 
the construction of approximately two hundred and fifty miles 
of highway in such countries in the location known as the 
``Darien Gap'' to connect the Inter-American Highway authorized 
by section 212 of this title with the Pan American Highway 
System of South America. Such highway shall be known as the 
``Darien Gap Highway''. Funds authorized by this section shall 
be obligated and expended subject to the same terms, 
conditions, and requirements with respect to the Darien Gap 
Highway as are funds authorized for the Inter-American Highway 
by subsection (a) of section 212 of this title.
  [(b) The construction authorized by this section shall be 
under the administration of the Secretary, who shall consult 
with the appropriate officials of the Department of State with 
respect to matters involving the foreign relations of this 
Government, and such negotiations with the Governments of the 
Republic of Panama and Colombia as may be required to carry out 
the purposes of this section shall be conducted through, or 
authorized by, the Department of State.
  [(c) The provisions of this section shall not create nor 
authorize the creation of any obligations on the part of the 
Government of the United States with respect to any 
expenditures for highway survey or construction heretofore or 
hereafter undertaken in Panama or Colombia, other than the 
expenditures authorized by the provision of this section.
  [(d) Appropriations made pursuant to any authorization for 
the Darien Gap Highway shall be available for expenditure by 
the Secretary for necessary administrative and engineering 
expenses in connection with the Darien Gap Highway program.
  [(e) For the purposes of this section the term 
``construction'' does not include any costs of rights-of-way, 
relocation assistance, or the elimination of hazards of railway 
grade crossings.]

Sec. 217. Bicycle transportation and pedestrian walkways

  (a) * * *

           *       *       *       *       *       *       *

  (c) Use of [Federal Lands Highway] Tribal Transportation 
Program and Federal Lands Transportation Program Funds Funds.--
[Funds authorized for forest highways, forest development roads 
and trails, public lands development roads and trails, park 
roads, parkways, Indian reservation roads, and public lands 
highways] Funds authorized for tribal transportation facilities 
and Federal lands transportation facilities shall be available, 
at the discretion of the department charged with the 
administration of such funds, for the construction of 
pedestrian walkways and bicycle transportation facilities.
  [(d) State Bicycle and Pedestrian Coordinators.--Each State 
receiving an apportionment under sections 104(b)(2) and 
104(b)(3) of this title shall use such amount of the 
apportionment as may be necessary to fund in the State 
department of transportation a position of bicycle and 
pedestrian coordinator for promoting and facilitating the 
increased use of nonmotorized modes of transportation, 
including developing facilities for the use of pedestrians and 
bicyclists and public education, promotional, and safety 
programs for using such facilities.]
  [(e)] (d) Bridges.--In any case where a highway bridge deck 
being replaced or rehabilitated with Federal financial 
participation is located on a highway on which bicycles are 
permitted to operate at each end of such bridge, and the 
Secretary determines that the safe accommodation of bicycles 
can be provided at reasonable cost as part of such replacement 
or rehabilitation, [then such bridge shall be so replaced or 
rehabilitated as to provide such safe accommodations] the State 
carrying out the rehabilitation or replacement is encouraged to 
provide such safe accommodations as part of the rehabilitation 
or replacement.
  [(f)] (e) Federal Share.--For all purposes of this title, 
construction of a pedestrian walkway and a bicycle 
transportation facility shall be deemed to be a highway project 
and the Federal share payable on account of such construction 
shall be determined in accordance with section 120(b).
  [(g)] (f) Planning and Design.--
          (1) * * *

           *       *       *       *       *       *       *

  [(h)] (g) Use of Motorized Vehicles.--Motorized vehicles may 
not be permitted on trails and pedestrian walkways under this 
section, except for--
          (1) * * *

           *       *       *       *       *       *       *

  [(i)] (h) Transportation Purpose.--No bicycle project may be 
carried out under this section unless the Secretary has 
determined that such bicycle project will be principally for 
transportation, rather than recreation, purposes.
  [(j)] (i) Definitions.--In this section, the following 
definitions apply:
          (1) * * *

           *       *       *       *       *       *       *

Sec. 218. Alaska Highway

  (a) [Recognizing the benefits that will accrue to the State 
of Alaska and to the United States from the reconstruction of 
the Alaska Highway from the Alaskan border to Haines Junction 
in Canada and the Haines Cutoff Highway from Haines Junction in 
Canada to Haines, the Secretary is authorized out of the funds 
appropriated for the purpose of this section to provide for 
necessary reconstruction of such highway. Such appropriations 
shall remain available until expended.] Notwithstanding any 
other provision of law[, in addition to such funds,] upon 
agreement with the State of Alaska, the Secretary is authorized 
to expend on [such highway or] the Alaska Marine Highway System 
any Federal-aid highway funds apportioned to the State of 
Alaska under this title at a Federal share of 100 per centum. 
Notwithstanding any other provision of law, any obligation 
limitation enacted for fiscal year 1983 or for any other fiscal 
year thereafter, including any portion of any other fiscal year 
thereafter, shall not apply to projects authorized by the 
preceding sentence. [No expenditures shall be made for the 
construction of the portion of such highways that are in Canada 
until an agreement has been reached by the Government of Canada 
and the Government of the United States which shall provide, in 
part, that the Canadian Government--
          [(1) will provide, without participation of funds 
        authorized under this title, all necessary right-of-way 
        for the reconstruction of such highways;
          [(2) will not impose any highway toll, or permit any 
        such toll to be charged for the use of such highways by 
        vehicles or persons;
          [(3) will not levy or assess, directly or indirectly, 
        any fee, tax, or other charge for the use of such 
        highways by vehicles or persons from the United States 
        that does not apply equally to vehicles or persons of 
        Canada;
          [(4) will continue to grant reciprocal recognition of 
        vehicle registration and drivers' licenses in 
        accordance with agreements between the United States 
        and Canada; and
          [(5) will maintain such highways after their 
        completion in proper condition adequately to serve the 
        needs of present and future traffic.
  [(b) The survey and construction work undertaken in Canada 
pursuant to this section shall be under the general supervision 
of the Secretary.]
  [(c)] (b) For purposes of this section, the term ``Alaska 
Marine Highway System'' includes all existing or planned 
transportation facilities and equipment in Alaska, including 
the lease, purchase, or construction of vessels, terminals, 
docks, floats, ramps, staging areas, parking lots, bridges and 
approaches thereto, and necessary roads.

           *       *       *       *       *       *       *

                     CHAPTER 3--GENERAL PROVISIONS

Sec.
301.  Freedom from tolls.
     * * * * * * *
[303.  Management systems.]
     * * * * * * *
[309.  Cooperation with other American Republics.]
     * * * * * * *
[322.  Magnetic levitation transportation technology deployment 
          program.]
     * * * * * * *
[327.  Surface transportation project delivery pilot program.]
327.  Surface transportation project delivery program.
     * * * * * * *
330.  Funding flexibility for transportation emergencies.
331.  Program for eliminating duplication of environmental reviews.
332. State performance of legal sufficiency reviews.

           *       *       *       *       *       *       *

[Sec. 303. Management systems

  [(a) Regulations.--Not later than 1 year after the date of 
the enactment of this section, the Secretary shall issue 
regulations for State development, establishment, and 
implementation of a system for managing each of the following:
          [(1) Highway pavement of Federal-aid highways.
          [(2) Bridges on and off Federal-aid highways.
          [(3) Highway safety.
          [(4) Traffic congestion.
          [(5) Public transportation facilities and equipment.
          [(6) Intermodal transportation facilities and 
        systems.
In metropolitan areas, such systems shall be developed and 
implemented in cooperation with metropolitan planning 
organizations. Such regulations may include a compliance 
schedule for development, establishment, and implementation of 
each such system and minimum standards for each such system.
  [(b) Traffic Monitoring.--Not later than 1 year after the 
date of the enactment of this section, the Secretary shall 
issue guidelines and requirements for the State development, 
establishment, and implementation of a traffic monitoring 
system for highways and public transportation facilities and 
equipment.
  [(c) State Election.--A State may elect, at any time, not to 
implement, in whole or in part, 1 or more of the management 
systems required under this section. The Secretary may not 
impose any sanction on, or withhold any benefit from, a State 
on the basis of such an election.
  [(d) Procedural Requirements.--In developing and implementing 
a management system under this section, each State shall 
cooperate with metropolitan planning organizations for 
urbanized areas of the State and affected agencies receiving 
assistance under chapter 53 of title 49 and shall consider the 
results of the management systems in making project selection 
decisions under this title and under chapter 53.
  [(e) Intermodal Requirements.--The management system required 
under this section for intermodal transportation facilities and 
systems shall provide for improvement and integration of all of 
a State's transportation systems and shall include methods of 
achieving the optimum yield from such systems, methods for 
increasing productivity in the State, methods for increasing 
use of advanced technologies, and methods to encourage the use 
of innovative marketing techniques, such as just-in-time 
deliveries.
  [(f) Reports.--
          [(1) Annual reports.--Not later than January 1 of 
        each calendar year beginning after December 31, 1992, 
        the Secretary shall transmit to Congress a report on 
        the progress being made by the Secretary and the States 
        in carrying out this section.
          [(2) Report on implementation.--Not later than 
        October 1, 1996, the Comptroller General, in 
        consultation with States, shall transmit to Congress a 
        report on the management systems under this section, 
        including recommendations as to whether, to what 
        extent, and how the management systems should be 
        implemented.
  [(g) Funding.--Subject to project approval by the Secretary, 
a State may obligate funds apportioned after September 30, 
1991, under subsections (b)(1), (b)(2), and (b)(3) of section 
104 of this title for developing and establishing management 
systems required by this section and funds apportioned under 
section 144 of this title for developing and establishing the 
bridge management system required by this section.
  [(h) Review of Regulations.--Not later than 10 days after the 
date of issuance of any regulation under this section, the 
Secretary shall transmit a copy of such regulation to Congress 
for review.]

           *       *       *       *       *       *       *

Sec. 306. Mapping

  (a) In General.--In carrying out the provisions of this 
title, the Secretary [may] shall, wherever practicable, 
authorize the use of photogrammetric methods in mapping, and 
the utilization of commercial enterprise for such services.
  (b) Guidance.--The Secretary shall issue guidance to 
encourage States to utilize, to the maximum extent practicable, 
private sector sources for surveying and mapping services for 
projects under this title. In carrying out this subsection, the 
Secretary shall recommend appropriate roles for [State and] 
State government and private mapping and surveying activities, 
including--
          (1) * * *

           *       *       *       *       *       *       *

  (c) Implementation.--The Secretary shall develop a process 
for the oversight and monitoring, on an annual basis, of the 
compliance of each State with the guidance issued under 
subsection (b).

           *       *       *       *       *       *       *

Sec. 308. Cooperation with Federal and State agencies and foreign 
                    countries

  [(a) The Secretary is authorized to perform by contract or 
otherwise, authorized engineering or other services in 
connection with the survey, construction, maintenance, or 
improvement of highways for other Government agencies, 
cooperating foreign countries, and State cooperating agencies, 
and reimbursement for such services, which may include 
depreciation on engineering and roadbuilding equipment used, 
shall be credited to the appropriation concerned.]
  (a) Authorized Activities.--
          (1) In general.--The Secretary may perform, by 
        contract or otherwise, authorized engineering or other 
        services in connection with the survey, construction, 
        maintenance, or improvement of highways for other 
        Federal agencies, cooperating foreign countries, and 
        State cooperating agencies.
          (2) Inclusions.--Services authorized under paragraph 
        (1) may include activities authorized under section 214 
        of the Uniform Relocation Assistance and Real Property 
        Acquisition Policies Act of 1970 (42 U.S.C. 4601 et 
        seq.).
          (3) Reimbursement.--Reimbursement for services 
        carried out under this subsection, including 
        depreciation on engineering and road-building 
        equipment, shall be credited to the applicable 
        appropriation.

           *       *       *       *       *       *       *

[Sec. 309. Cooperation with other American Republics

  [The President is authorized to utilize the services of the 
Federal Highway Administration in fulfilling the obligations of 
the United States under the Convention on the Pan-American 
Highway Between the United States and Other American Republics 
(51 Stat. 152), cooperating with several governments, members 
of the Organization of American States, in connection with the 
survey and construction of the Inter-American Highway, and for 
performing engineering service in the other American Republics 
for and upon the request of any agency or governmental 
corporation of the United States. To the extent authorized in 
appropriation acts, administrative funds available in 
accordance with subsection (a) of section 104 of this title 
shall be available annually for the purpose of this section.]

           *       *       *       *       *       *       *

Sec. 313. Buy America

  (a) * * *

           *       *       *       *       *       *       *

  (g) Application.--The requirements of this section apply to 
all contracts for a project carried out within the scope of the 
applicable finding, determination, or decision under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), regardless of the funding source of such contracts, if 
at least one contract for the project is funded with amounts 
made available to carry out this title.
  (h) Waiver Requirements.--
          (1) In general.--If the Secretary receives a request 
        for a waiver under this section, the Secretary shall 
        provide notice of and an opportunity for public comment 
        on the request at least 30 days before making a finding 
        based on the request.
          (2) Notice requirements.--A notice provided under 
        paragraph (1) shall include the information available 
        to the Secretary concerning the request and shall be 
        provided by electronic means, including on the official 
        public Internet Web site of the Department of 
        Transportation.
          (3) Detailed justification.--If the Secretary issues 
        a waiver under this subsection, the Secretary shall 
        publish in the Federal Register a detailed 
        justification for the waiver that addresses the public 
        comments received under paragraph (1) and shall ensure 
        that such justification is published before the waiver 
        takes effect.

           *       *       *       *       *       *       *

Sec. 315. Rules, regulations, and recommendations

  Except as provided in [sections 204(f) and 205(a) of this 
title] sections 203(b)(4) and 205(a), the Secretary is 
authorized to prescribe and promulgate all needful rules and 
regulations for the carrying out of the provisions of this 
title. The Secretary may make such recommendations to the 
Congress and State transportation departments as he deems 
necessary for preserving and protecting the highways and 
insuring the safety of traffic thereon.

           *       *       *       *       *       *       *

Sec. 319. Landscaping and scenic enhancement

  [(a) Landscape and Roadside Development.--]The Secretary may 
approve as a part of the construction of Federal-aid highways 
the costs of landscape and roadside development, including 
acquisition and development of publicly owned and controlled 
rest and recreation areas and sanitary and other facilities 
reasonably necessary to accommodate the traveling public, and 
for acquisition of interests in and improvement of strips of 
land necessary for the restoration, preservation, and 
enhancement of scenic beauty adjacent to such highways.
  [(b) Planting of Wildflowers.--
          [(1) General rule.--The Secretary shall require the 
        planting of native wildflower seeds or seedlings, or 
        both, as part of any landscaping project under this 
        section. At least 1/4 of 1 percent of the funds 
        expended for such landscaping project shall be used for 
        such plantings.
          [(2) Waiver.--The requirements of this subsection may 
        be waived by the Secretary if a State certifies that 
        native wildflowers or seedlings cannot be grown 
        satisfactorily or planting areas are limited or 
        otherwise used for agricultural purposes.
          [(3) Gifts.--Nothing in this subsection shall be 
        construed to prohibit the acceptance of native 
        wildflower seeds or seedlings donated by civic 
        organizations or other organizations and individuals to 
        be used in landscaping projects.]

           *       *       *       *       *       *       *

[Sec. 322. Magnetic levitation transportation technology deployment 
                    program

  [(a) Definitions.--In this section, the following definitions 
apply:
          [(1) Eligible project costs.--The term ``eligible 
        project costs''--
                  [(A) means the capital cost of the fixed 
                guideway infrastructure of a MAGLEV project, 
                including land, piers, guideways, propulsion 
                equipment and other components attached to 
                guideways, power distribution facilities 
                (including substations), control and 
                communications facilities, access roads, and 
                storage, repair, and maintenance facilities, 
                but not including costs incurred for a new 
                station; and
                  [(B) includes the costs of preconstruction 
                planning activities.
          [(2) Full project costs.--The term ``full project 
        costs'' means the total capital costs of a MAGLEV 
        project, including eligible project costs and the costs 
        of stations, vehicles, and equipment.
          [(3) MAGLEV.--The term ``MAGLEV'' means 
        transportation systems employing magnetic levitation 
        that would be capable of safe use by the public at a 
        speed in excess of 240 miles per hour.
          [(4) Partnership potential.--The term ``partnership 
        potential'' has the meaning given the term in the 
        commercial feasibility study of high-speed ground 
        transportation conducted under section 1036 of the 
        Intermodal Surface Transportation Efficiency Act of 
        1991 (105 Stat. 1978).
  [(b) Financial Assistance.--
          [(1) In general.--The Secretary shall make available 
        financial assistance to pay the Federal share of full 
        project costs of eligible projects selected under this 
        section. Financial assistance made available under this 
        section and projects assisted with the assistance shall 
        be subject to section 5333(a) of title 49, United 
        States Code.
          [(2) Federal share.--The Federal share of full 
        project costs under paragraph (1) shall be not more 
        than 2/3.
          [(3) Use of assistance.--Financial assistance 
        provided under paragraph (1) shall be used only to pay 
        eligible project costs of projects selected under this 
        section.
  [(c) Solicitation of Applications for Assistance.--Not later 
than 180 days after the date of enactment of this subsection, 
the Secretary shall solicit applications from States, or 
authorities designated by 1 or more States, for financial 
assistance authorized by subsection (b) for planning, design, 
and construction of eligible MAGLEV projects.
  [(d) Project Eligibility.--To be eligible to receive 
financial assistance under subsection (b), a project shall--
          [(1) involve a segment or segments of a high-speed 
        ground transportation corridor that exhibit partnership 
        potential;
          [(2) require an amount of Federal funds for project 
        financing that will not exceed the sum of--
                  [(A) the amounts made available under 
                subsection (h)(1); and
                  [(B) the amounts made available by States 
                under subsection (h)(3);
          [(3) result in an operating transportation facility 
        that provides a revenue producing service;
          [(4) be undertaken through a public and private 
        partnership, with at least 1/3 of full project costs 
        paid using non-Federal funds;
          [(5) satisfy applicable statewide and metropolitan 
        planning requirements;
          [(6) be approved by the Secretary based on an 
        application submitted to the Secretary by a State or 
        authority designated by 1 or more States;
          [(7) to the extent that non-United States MAGLEV 
        technology is used within the United States, be carried 
        out as a technology transfer project; and
          [(8) be carried out using materials at least 70 
        percent of which are manufactured in the United States.
  [(e) Project Selection Criteria.--Prior to soliciting 
applications, the Secretary shall establish criteria for 
selecting which eligible projects under subsection (d) will 
receive financial assistance under subsection (b). The criteria 
shall include the extent to which--
          [(1) a project is nationally significant, including 
        the extent to which the project will demonstrate the 
        feasibility of deployment of MAGLEV technology 
        throughout the United States;
          [(2) timely implementation of the project will reduce 
        congestion in other modes of transportation and reduce 
        the need for additional highway or airport 
        construction;
          [(3) States, regions, and localities financially 
        contribute to the project;
          [(4) implementation of the project will create new 
        jobs in traditional and emerging industries;
          [(5) the project will augment MAGLEV networks 
        identified as having partnership potential;
          [(6) financial assistance would foster public and 
        private partnerships for infrastructure development and 
        attract private debt or equity investment;
          [(7) financial assistance would foster the timely 
        implementation of a project; and
          [(8) life-cycle costs in design and engineering are 
        considered and enhanced.
  [(f) Project Selection.--
          [(1) Preconstruction planning activities.--Not later 
        than 90 days after a deadline established by the 
        Secretary for the receipt of applications, the 
        Secretary shall evaluate the eligible projects in 
        accordance with the selection criteria and select 1 or 
        more eligible projects to receive financial assistance 
        for preconstruction planning activities, including--
                  [(A) preparation of such feasibility studies, 
                major investment studies, and environmental 
                impact statements and assessments as are 
                required under State law;
                  [(B) pricing of the final design, 
                engineering, and construction activities 
                proposed to be assisted under paragraph (2); 
                and
                  [(C) such other activities as are necessary 
                to provide the Secretary with sufficient 
                information to evaluate whether a project 
                should receive financial assistance for final 
                design, engineering, and construction 
                activities under paragraph (2).
          [(2) Final design, engineering, and construction 
        activities.--After completion of preconstruction 
        planning activities for all projects assisted under 
        paragraph (1), the Secretary shall select 1 of the 
        projects to receive financial assistance for final 
        design, engineering, and construction activities.
  [(g) Joint Ventures.--A project undertaken by a joint venture 
of United States and non-United States persons (including a 
project involving the deployment of non-United States MAGLEV 
technology in the United States) shall be eligible for 
financial assistance under this section if the project is 
eligible under subsection (d) and selected under subsection 
(f).
  [(h) Funding.--
          [(1) In general.--
                  [(A) Contract authority; authorization of 
                appropriations.--
                          [(i) In general.--There is authorized 
                        to be appropriated from the Highway 
                        Trust Fund (other than the Mass Transit 
                        Account) to carry out this section 
                        $15,000,000 for fiscal year 1999, 
                        $20,000,000 for fiscal year 2000, and 
                        $25,000,000 for fiscal year 2001.
                          [(ii) Contract authority.--Funds 
                        authorized by this subparagraph shall 
                        be available for obligation in the same 
                        manner as if the funds were apportioned 
                        under chapter 1, except that--
                                  [(I) the Federal share of the 
                                cost of a project carried out 
                                under this section shall be 
                                determined in accordance with 
                                subsection (b); and
                                  [(II) the availability of the 
                                funds shall be determined in 
                                accordance with paragraph (2).
                  [(B) Noncontract authority authorization of 
                appropriations.--
                          [(i) In general.--There are 
                        authorized to be appropriated from the 
                        Highway Trust Fund (other than the Mass 
                        Transit Account) to carry out this 
                        section (other than subsection (i)) 
                        $200,000,000 for each of fiscal years 
                        2000 and 2001, $250,000,000 for fiscal 
                        year 2002, and $300,000,000 for fiscal 
                        year 2003.
                          [(ii) Availability.--Notwithstanding 
                        section 118(a), funds made available 
                        under clause (i) shall not be available 
                        in advance of an annual appropriation.
          [(2) Availability of funds.--Funds made available 
        under paragraph (1) shall remain available until 
        expended.
          [(3) Other federal funds.--Notwithstanding any other 
        provision of law, funds made available to a State to 
        carry out the surface transportation program under 
        section 133 and the congestion mitigation and air 
        quality improvement program under section 149 may be 
        used by the State to pay a portion of the full project 
        costs of an eligible project selected under this 
        section, without requirement for non-Federal funds.
          [(4) Other assistance.--Notwithstanding any other 
        provision of law, an eligible project selected under 
        this section shall be eligible for other forms of 
        financial assistance provided under this title and the 
        Transportation Equity Act for the 21st Century, 
        including loans, loan guarantees, and lines of credit.
  [(i) Low-Speed Project.--
          [(1) In general.--Notwithstanding any other provision 
        of this section, of the funds made available by 
        subsection (h)(1)(A) to carry out this section, 
        $5,000,000 shall be made available to the Secretary to 
        make grants for the research and development of low-
        speed superconductivity magnetic levitation technology 
        for public transportation purposes in urban areas to 
        demonstrate energy efficiency, congestion mitigation, 
        and safety benefits.
          [(2) Noncontract authority authorization of 
        appropriations.--
                  [(A) In general.--There are authorized to be 
                appropriated from the Highway Trust Fund (other 
                than the Mass Transit Account) to carry out 
                this subsection such sums as are necessary for 
                each of fiscal years 2000 through 2003.
                  [(B) Availability.--Notwithstanding section 
                118(a), funds made available under subparagraph 
                (A)--
                          [(i) shall not be available in 
                        advance of an annual appropriation; and
                          [(ii) shall remain available until 
                        expended.]

           *       *       *       *       *       *       *

Sec. 326. State assumption of responsibility for categorical exclusions

  (a) Categorical Exclusion Determinations.--
          (1) * * *
          (2) Scope of authority.--A determination described in 
        paragraph (1) shall be made by a State in accordance 
        with criteria established by the Secretary [and only 
        for types of activities specifically designated by the 
        Secretary] and for any type of activity for which a 
        categorical exclusion classification is appropriate.

           *       *       *       *       *       *       *

          (4) Preservation of flexibility.--The Secretary shall 
        not require a State, as a condition of assuming 
        responsibility under this section, to forego project 
        delivery methods that are otherwise permissible for 
        highway projects.

           *       *       *       *       *       *       *

Sec. 327. Surface transportation project delivery [pilot] program

  (a) Establishment.--
          (1) In general.--The Secretary shall carry out a 
        surface transportation project delivery [pilot] program 
        (referred to in this section as the ``program'').
          (2) Assumption of responsibility.--
                  (A) In general.--Subject to the other 
                provisions of this section, with the written 
                agreement of the Secretary and a State, which 
                may be in the form of a memorandum of 
                understanding, the Secretary may assign, and 
                the State may assume, the responsibilities of 
                the Secretary with respect to one or more 
                [highway] projects within the State under the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
                  (B) Additional responsibility.--If a State 
                assumes responsibility under subparagraph (A)--
                          (i) * * *
                          [(ii) the Secretary may not assign--
                                  [(I) responsibility for any 
                                conformity determination 
                                required under section 176 of 
                                the Clean Air Act (42 U.S.C. 
                                7506); or
                                  [(II) any responsibility 
                                imposed on the Secretary by 
                                section 134 or 135.]
                          (ii) the Secretary may not assign any 
                        responsibility imposed on the Secretary 
                        by section 5203 or 5204 of title 49.

           *       *       *       *       *       *       *

                  (F) Preservation of flexibility.--The 
                Secretary may not require a State, as a 
                condition of participation in the program, to 
                forego project delivery methods that are 
                otherwise permissible for projects.
  (b) State Participation.--
          [(1) Number of participating States.--The Secretary 
        may permit not more than 5 States (including the States 
        of Alaska, California, Ohio, Oklahoma, and Texas) to 
        participate in the program.]
          (1) Participating states.--All States are eligible to 
        participate in the program.
          (2) Application.--Not later than 270 days after the 
        date of enactment of [this section, the Secretary shall 
        promulgate] amendments to this section by the American 
        Energy and Infrastructure Jobs Act of 2012, the 
        Secretary shall amend, as appropriate, regulations that 
        establish requirements relating to information required 
        to be contained in any application of a State to 
        participate in the program, including, at a minimum--
                  (A) * * *

           *       *       *       *       *       *       *

  (c) Written Agreement.--A written agreement under this 
section shall--
          (1) * * *

           *       *       *       *       *       *       *

          (3) provide that the State--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) agrees to maintain the financial 
                resources necessary to carry out the 
                responsibilities being assumed[.];
          (4) have a term of not more than 5 years; and
          (5) be renewable.

           *       *       *       *       *       *       *

  (e) Effect of Assumption of Responsibility.--A State that 
assumes responsibility under subsection (a)(2) shall be solely 
responsible and solely liable for carrying out, in lieu of the 
Secretary, the responsibilities assumed under subsection 
(a)(2), until the program is terminated as provided in 
[subsection (i)] subsection (j).

           *       *       *       *       *       *       *

  (g) Audits.--
          (1) In general.--To ensure compliance by a State with 
        any agreement of the State under subsection (c) 
        (including compliance by the State with all Federal 
        laws for which responsibility is assumed under 
        subsection (a)(2)), for each State participating in the 
        program under this section, the Secretary shall 
        conduct--
                  (A) * * *
                  (B) annual audits during each [subsequent 
                year] of the third and fourth years of State 
                participation.

           *       *       *       *       *       *       *

  (h) Monitoring.--After the fourth year of the participation 
of a State in the program, the Secretary shall monitor 
compliance by the State with the written agreement, including 
the provision by the State of financial resources to carry out 
the written agreement.
  [(h)] (i) Report to Congress.--The Secretary shall submit to 
Congress an annual report that describes the administration of 
the program.
  [(i) Termination.--
          [(1) In general.--Except as provided in paragraph 
        (2), the program shall terminate on the date that is 7 
        years after the date of enactment of this section.
          [(2) Termination by Secretary.--The Secretary may 
        terminate the participation of any State in the program 
        if--
                  [(A) the Secretary determines that the State 
                is not adequately carrying out the 
                responsibilities assigned to the State;
                  [(B) the Secretary provides to the State--
                          [(i) notification of the 
                        determination of noncompliance; and
                          [(ii) a period of at least 30 days 
                        during which to take such corrective 
                        action as the Secretary determines is 
                        necessary to comply with the applicable 
                        agreement; and
                  [(C) the State, after the notification and 
                period provided under subparagraph (B), fails 
                to take satisfactory corrective action, as 
                determined by Secretary.]
  (j) Termination.--The Secretary may terminate the 
participation of any State in the program if--
          (1) the Secretary determines that the State is not 
        adequately carrying out the responsibilities assigned 
        to the State;
          (2) the Secretary provides to the State--
                  (A) notification of the determination of 
                noncompliance; and
                  (B) a period of at least 30 days during which 
                to take such corrective action as the Secretary 
                determines is necessary to comply with the 
                applicable agreement; and
          (3) the State, after the notification and period 
        provided under paragraph (2), fails to take 
        satisfactory corrective action, as determined by the 
        Secretary.
  (k) Definitions.--In this section, the following definitions 
apply:
          (1) Multimodal project.--The term ``multimodal 
        project'' means a project funded, in whole or in part, 
        under this title or chapter 53 of title 49 and 
        involving the participation of more than one Department 
        of Transportation administration or agency.
          (2) Project.--The term ``project'' means any highway 
        project, public transportation capital project, or 
        multimodal project that requires the approval of the 
        Secretary.

           *       *       *       *       *       *       *

Sec. 330. Funding flexibility for transportation emergencies

  (a) In General.--Notwithstanding any other provision of law, 
the chief executive of a State, after declaring an emergency 
with respect to a transportation facility under subsection (b), 
may use any covered funds of the State to repair or replace the 
transportation facility.
  (b) Declaration of Emergency.--To declare an emergency with 
respect to a transportation facility for purposes of subsection 
(a), the chief executive of a State shall provide to the 
Secretary written notice of the declaration, which shall 
specify--
          (1) the emergency;
          (2) the affected transportation facility; and
          (3) the repair or replacement activities to be 
        carried out.
  (c) Definitions.--In this section, the following definitions 
apply:
          (1) Covered funds.--The term ``covered funds'' means 
        any amounts apportioned to a State under this title, 
        including any such amounts required to be set aside for 
        a purpose other than the repair or replacement of a 
        transportation facility under this section.
          (2) Emergency.--The term ``emergency'' means any 
        unexpected event or condition that--
                  (A) may cause, or has caused, the 
                catastrophic failure of a transportation 
                facility; and
                  (B) is determined to be an emergency by the 
                chief executive of a State.
          (3) Transportation facility.--The term 
        ``transportation facility'' means any component of the 
        National Highway System.
  (d) Limitation on Statutory Construction.--Nothing in this 
section may be construed to allow a State to change the 
division of surface transportation program funding under 
section 133(d)(3).

Sec. 331. Program for eliminating duplication of environmental reviews

  (a) Establishment.--
          (1) In general.--The Secretary shall establish a 
        program to eliminate duplicative environmental reviews 
        and approvals under State and Federal law of projects. 
        Under this program, a State may use State laws and 
        procedures to conduct reviews and make approvals in 
        lieu of Federal environmental laws and regulations, 
        consistent with the provisions of this section.
          (2) Participating states.--All States are eligible to 
        participate in the program.
          (3) Scope of alternative review and approval 
        procedures.--For purposes of this section, alternative 
        environmental review and approval procedures may 
        include one or more of the following:
                  (A) Substitution of one or more State 
                environmental laws for one or more Federal 
                environmental laws, if the Secretary determines 
                in accordance with this section that the State 
                environmental laws provide environmental 
                protection and opportunities for public 
                involvement that are substantially equivalent 
                to the applicable Federal environmental laws.
                  (B) Substitution of one or more State 
                regulations for Federal regulations 
                implementing one or more Federal environmental 
                laws, if the Secretary determines in accordance 
                with this section that the State regulations 
                provide environmental protection and 
                opportunities for public involvement that are 
                substantially equivalent to the Federal 
                regulations.
  (b) Application.--To participate in the program, a State 
shall submit to the Secretary an application containing such 
information as the Secretary may require, including--
          (1) a full and complete description of the proposed 
        alternative environmental review and approval 
        procedures of the State;
          (2) for each State law or regulation included in the 
        proposed alternative environmental review and approval 
        procedures of the State, an explanation of the basis 
        for concluding that the law or regulation meets the 
        requirements under subsection (a)(3); and
          (3) evidence of having sought, received, and 
        addressed comments on the proposed application from the 
        public and appropriate Federal environmental resource 
        agencies.
  (c) Review of Application.--The Secretary shall--
          (1) review an application submitted under subsection 
        (b);
          (2) approve or disapprove the application in 
        accordance with subsection (d) not later than 90 days 
        after the date of the receipt of the application; and
          (3) transmit to the State notice of the approval or 
        disapproval, together with a statement of the reasons 
        for the approval or disapproval.
  (d) Approval of State Programs.--
          (1) In general.--The Secretary shall approve each 
        such application if the Secretary finds that the 
        proposed alternative environmental review and approval 
        procedures of the State are substantially equivalent to 
        the applicable Federal environmental laws and Federal 
        regulations.
          (2) Exclusion.--The National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.) and the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not 
        apply to any decision by the Secretary to approve or 
        disapprove any application submitted pursuant to this 
        section.
  (e) Compliance With Permits.--Compliance with a permit or 
other approval of a project issued pursuant to a program 
approved by the Secretary under this section shall be deemed 
compliance with the Federal laws and regulations identified in 
the program approved by the Secretary pursuant to this section.
  (f) Review and Termination.--
          (1) Review.--All State alternative environmental 
        review and approval procedures approved under this 
        section shall be reviewed by the Secretary not less 
        than once every 5 years.
          (2) Public notice and comment.--In conducting the 
        review process under paragraph (1), the Secretary shall 
        provide notice and an opportunity for public comment.
          (3) Extensions and terminations.--At the conclusion 
        of the review process, the Secretary may extend the 
        State alternative environmental review and approval 
        procedures for an additional 5-year period or terminate 
        the State program.
  (g) Report to Congress.--Not later than 2 years after the 
date of enactment of this section and annually thereafter, the 
Secretary shall submit to Congress a report that describes the 
administration of the program.
  (h) Definitions.--For purposes of this section:
          (1) Environmental law.--The term ``environmental 
        law'' includes any law that provides procedural or 
        substantive protection, as applicable, for the natural 
        or built environment with regard to the construction 
        and operation of projects.
          (2) Federal environmental laws.--The term ``Federal 
        environmental laws'' means laws governing the review of 
        environmental impacts of, and issuance of permits and 
        other approvals for, the construction and operation of 
        projects, including section 102(2)(C) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 
        4332(2)(C)), section 404 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1344), section 106 of the 
        National Historic Preservation Act (16 U.S.C. 470f), 
        and sections 7(a)(2), 9(a)(1)(B), and 10(a)(1)(B) of 
        the Endangered Species Act of 1973 (16 U.S.C. 
        1536(a)(2), 1538(a)(1)(B), 1539(a)(1)(B)).
          (3) Multimodal project.--The term ``multimodal 
        project'' means a project funded, in whole or in part, 
        under this title or chapter 53 of title 49 and 
        involving the participation of more than one Department 
        of Transportation administration or agency.
          (4) Project.--The term ``project'' means any highway 
        project, public transportation capital project, or 
        multimodal project that requires the approval of the 
        Secretary.

Sec. 332. State performance of legal sufficiency reviews

  (a) In General.--At the request of any State transportation 
department, the Federal Highway Administration shall enter into 
an agreement with the State transportation department to 
authorize the State to carry out the legal sufficiency reviews 
for environmental impact statements and environmental 
assessments under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) in accordance with this section.
  (b) Terms of Agreement.--An agreement authorizing a State to 
carry out legal sufficiency reviews for Federal-aid highway 
projects shall contain the following provisions:
          (1) A finding by the Federal Highway Administration 
        that the State has the capacity to carry out legal 
        sufficiency reviews that are equivalent in quality and 
        consistency to the reviews that would otherwise be 
        conducted by attorneys employed by such Administration.
          (2) An oversight process, including periodic reviews 
        conducted by attorneys employed by such Administration, 
        to evaluate the quality of the legal sufficiency 
        reviews carried out by the State transportation 
        department under the agreement.
          (3) A requirement for the State transportation 
        department to submit a written finding of legal 
        sufficiency to the Federal Highway Administration 
        concurrently with the request by the State for Federal 
        approval of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) document.
          (4) An opportunity for the Federal Highway 
        Administration to conduct an additional legal 
        sufficiency review for any project, for not more than 
        30 days, if considered necessary by the Federal Highway 
        Administration.
          (5) Procedures allowing either party to the agreement 
        to terminate the agreement for any reason with 30 days 
        notice to the other party.
  (c) Effect of Agreement.--A legal sufficiency review carried 
out by a State transportation department under this section 
shall be deemed by the Federal Highway Administration to 
satisfy the requirement for a legal sufficiency review in 
sections 771.125(b) and 774.7(d) of title 23, Code of Federal 
Regulations, or other applicable regulations issued by the 
Federal Highway Administration.

           *       *       *       *       *       *       *

                       CHAPTER 4--HIGHWAY SAFETY

Sec.
401.  Authority of the Secretary.
     * * * * * * *
[403.  Highway safety research and development.]
403.  Use of certain funds made available for administrative expenses.
     * * * * * * *
[405.  Occupant protection incentive grants.
[406.  Safety belt performance grants.
[407.  Innovative project grants.
[408.  State traffic safety information system improvements.]
     * * * * * * *
[410.  Alcohol-impaired driving countermeasures.
[411.  State highway safety data improvements.]

           *       *       *       *       *       *       *

Sec. 402. Highway safety programs

  [(a) Each State shall have a highway safety program approved 
by the Secretary, designed to reduce traffic accidents and 
deaths, injuries, and property damage resulting therefrom. Such 
programs shall be in accordance with uniform guidelines 
promulgated by the Secretary. Such uniform guidelines shall be 
expressed in terms of performance criteria. In addition, such 
uniform guidelines shall include programs (1) to reduce 
injuries and deaths resulting from motor vehicles being driven 
in excess of posted speed limits, (2) to encourage the proper 
use of occupant protection devices (including the use of safety 
belts and child restraint systems) by occupants of motor 
vehicles, (3) to reduce deaths and injuries resulting from 
persons driving motor vehicles while impaired by alcohol or a 
controlled substance, (4) to prevent accidents and reduce 
deaths and injuries resulting from accidents involving motor 
vehicles and motorcycles, (5) to reduce injuries and deaths 
resulting from accidents involving school buses, and (6) to 
reduce accidents resulting from unsafe driving behavior 
(including aggressive or fatigued driving and distracted 
driving arising from the use of electronic devices in vehicles) 
(7) to improve law enforcement services in motor vehicle 
accident prevention, traffic supervision, and post-accident 
procedures. The Secretary shall establish a highway safety 
program for the collection and reporting of data on traffic-
related deaths and injuries by the States. Under such program, 
the States shall collect and report such data as the Secretary 
may require. The purposes of the program are to ensure national 
uniform data on such deaths and injuries and to allow the 
Secretary to make determinations for use in developing programs 
to reduce such deaths and injuries and making recommendations 
to Congress concerning legislation necessary to implement such 
programs. The program shall provide for annual reports to the 
Secretary on the efforts being made by the States in reducing 
deaths and injuries occurring at highway construction sites and 
the effectiveness and results of such efforts. The Secretary 
shall establish minimum reporting criteria for the program. 
Such criteria shall include, but not be limited to, criteria on 
deaths and injuries resulting from police pursuits, school bus 
accidents, aggressive driving, fatigued driving, distracted 
driving, and speeding, on traffic-related deaths and injuries 
at highway construction sites and on the configuration of 
commercial motor vehicles involved in motor vehicle accidents. 
Such uniform guidelines shall be promulgated by the Secretary 
so as to improve driver performance (including, but not limited 
to, driver education, driver testing to determine proficiency 
to operate motor vehicles, driver examinations (both physical 
and mental) and driver licensing) and to improve pedestrian 
performance and bicycle safety. In addition such uniform 
guidelines shall include, but not be limited to, provisions for 
an effective record system of accidents (including injuries and 
deaths resulting therefrom), accident investigations to 
determine the probable causes of accidents, injuries, and 
deaths, vehicle registration, operation, and inspection, 
highway design and maintenance (including lighting, markings, 
and surface treatment), traffic control, vehicle codes and 
laws, surveillance of traffic for detection and correction of 
high or potentially high accident locations, enforcement of 
light transmission standards of window glazing for passenger 
motor vehicles and light trucks as necessary to improve highway 
safety, and emergency services. Such guidelines as are 
applicable to State highway safety programs shall, to the 
extent determined appropriate by the Secretary, be applicable 
to federally administered areas where a Federal department or 
agency controls the highways or supervises traffic operations.]
  (a) State Highway Safety Programs.--
          (1) In general.--Each State shall have a highway 
        safety program that is subject to approval by the 
        Secretary and is designed to reduce traffic crashes and 
        the fatalities, injuries, and property damage resulting 
        therefrom.
          (2) Uniform guidelines.--A State's highway safety 
        program under paragraph (1) shall be established and 
        carried out in accordance with uniform guidelines 
        promulgated by the Secretary, which shall be expressed 
        in terms of performance criteria and shall include 
        programs--
                  (A) to reduce injuries and fatalities 
                resulting from motor vehicles being driven in 
                excess of posted speed limits;
                  (B) to encourage the proper use of occupant 
                protection devices (including the use of seat 
                belts and child restraints) by occupants of 
                motor vehicles;
                  (C) to reduce fatalities and injuries 
                resulting from persons driving motor vehicles 
                while impaired by alcohol or a controlled 
                substance;
                  (D) to prevent crashes and reduce fatalities 
                and injuries resulting from crashes involving 
                motor vehicles and motorcycles;
                  (E) to reduce crashes resulting from unsafe 
                driving behavior (including aggressive or 
                fatigued driving and distracted driving arising 
                from the use of electronic devices in 
                vehicles);
                  (F) to improve law enforcement activities 
                relating to motor vehicle crash prevention, 
                traffic supervision, and postcrash procedures;
                  (G) to improve the timeliness, accuracy, 
                completeness, uniformity, and accessibility of 
                the safety data of States that is needed--
                          (i) for activities relating to 
                        performance targets established under 
                        subsection (m);
                          (ii) to identify priorities for 
                        national, State, and local highway and 
                        traffic safety programs; and
                          (iii) to improve the compatibility 
                        and interoperability of the data 
                        systems of each State with national 
                        data systems and the data systems of 
                        other States;
                  (H) to improve driver performance, including 
                through driver education, driver testing to 
                determine proficiency to operate motor 
                vehicles, driver examinations (both physical 
                and mental), and driver licensing; and
                  (I) to improve pedestrian and bicycle safety.
          (3) Record system.--The uniform guidelines 
        promulgated under paragraph (2) shall include 
        provisions for an effective record system of--
                  (A) traffic crashes, including injuries and 
                fatalities resulting therefrom;
                  (B) crash investigation activities carried 
                out to determine the probable causes of 
                crashes, injuries, and fatalities;
                  (C) vehicle registration, operation, and 
                inspection activities;
                  (D) highway design and maintenance 
                activities, including lighting, markings, and 
                surface treatment activities;
                  (E) traffic surveillance activities relating 
                to the detection and correction of locations 
                with a significant potential for crashes; and
                  (F) emergency services.
          (4) Applicability of guidelines.--The uniform 
        guidelines applicable to State highway safety programs 
        shall, to the extent determined appropriate by the 
        Secretary, be applicable to federally administered 
        areas where a Federal department or agency controls the 
        highways or supervises traffic operations.
  (b) Administration of State Programs.--
          (1) Administrative requirements.--The Secretary may 
        not approve a State highway safety program under this 
        section which does not--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) provide adequate and reasonable access 
                for the safe and convenient movement of 
                individuals with disabilities, including those 
                in wheelchairs, across curbs constructed or 
                replaced on or after July 1, 1976, at all 
                pedestrian crosswalks throughout the State; 
                [and]
                  (E) provide satisfactory assurances that the 
                State will implement activities in support of 
                national highway safety goals to reduce motor 
                vehicle related fatalities that also reflect 
                the primary data-related crash factors within a 
                State as identified by the State highway safety 
                planning process, including--
                          (i) [national law enforcement 
                        mobilizations] any national traffic 
                        safety law enforcement mobilizations 
                        coordinated by the Secretary;

           *       *       *       *       *       *       *

                          (iv) development of statewide data 
                        systems to provide timely and effective 
                        data analysis to support allocation of 
                        highway safety resources[.];
                  (F) demonstrate that the State has 
                established a highway safety data and traffic 
                records coordinating committee with a 
                multidisciplinary membership that includes, 
                among others, managers, collectors, and users 
                of traffic records and public health and injury 
                control data systems;
                  (G) demonstrate that the State has developed 
                a multiyear highway safety data and traffic 
                records system strategic plan that--
                          (i) addresses existing deficiencies 
                        in the State's highway safety data and 
                        traffic records system;
                          (ii) is approved by the State's 
                        highway safety data and traffic records 
                        coordinating committee;
                          (iii) specifies how existing 
                        deficiencies in the State's highway 
                        safety data and traffic records system 
                        were identified;
                          (iv) prioritizes, on the basis of the 
                        identified highway safety data and 
                        traffic records system deficiencies of 
                        the State, the highway safety data and 
                        traffic records system needs and goals 
                        of the State;
                          (v) identifies performance-based 
                        measures by which progress toward those 
                        goals will be determined; and
                          (vi) specifies how funds apportioned 
                        to the State under subsection (c) and 
                        any other funds of the State are to be 
                        used to address needs and goals 
                        identified in the multiyear plan; and
                  (H) demonstrate that an assessment or audit 
                of the State's highway safety data and traffic 
                records system was conducted or updated during 
                the 5-year period ending on the date on which 
                such State highway safety program is submitted 
                to the Secretary for approval.

           *       *       *       *       *       *       *

          [(3) Use of technology for traffic enforcement.--The 
        Secretary may encourage States to use technologically 
        advanced traffic enforcement devices (including the use 
        of automatic speed detection devices such as photo-
        radar) by law enforcement officers.]
  [(c) Funds authorized to be appropriated to carry out this 
section shall be used to aid the States to conduct the highway 
safety programs approved in accordance with subsection (a), 
including development and implementation of manpower training 
programs, and of demonstration programs that the Secretary 
determines will contribute directly to the reduction of 
accidents, and deaths and injuries resulting therefrom. Such 
funds shall be apportioned 75 per centum in the ratio which the 
population of each State bears to the total population of all 
the States, as shown by the latest available Federal census, 
and 25 per centum in the ratio which the public road mileage in 
each State bears to the total public road mileage in all 
States. For the purposes of this subsection, a ``public road'' 
means any road under the jurisdiction of and maintained by a 
public authority and open to public travel. Public road mileage 
as used in this subsection shall be determined as of the end of 
the calendar year preceding the year in which the funds are 
apportioned and shall be certified to by the Governor of the 
State and subject to approval by the Secretary. The annual 
apportionment to each State shall not be less than three-
quarters of 1 percent of the total apportionment, except that 
the apportionment to the Secretary of the Interior shall not be 
less than 2 percent of the total apportionment and the 
apportionments to the Virgin Islands, Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Islands shall not be 
less than one-quarter of 1 per centum of the total 
apportionment. The Secretary shall not apportion any funds 
under this subsection to any State which is not implementing a 
highway safety program approved by the Secretary in accordance 
with this section. For the purpose of the seventh sentence of 
this subsection, a highway safety program approved by the 
Secretary shall not include any requirement that a State 
implement such a program by adopting or enforcing any law, 
rule, or regulation based on a guideline promulgated by the 
Secretary under this section requiring any motorcycle operator 
eighteen years of age or older or passenger eighteen years of 
age or older to wear a safety helmet when operating or riding a 
motorcycle on the streets and highways of that State. 
Implementation of a highway safety program under this section 
shall not be construed to require the Secretary to require 
compliance with every uniform guideline, or with every element 
of every uniform guideline, in every State. Funds apportioned 
under this section to any State, that does not have a highway 
safety program approved by the Secretary or that is not 
implementing an approved program, shall be reduced by amounts 
equal to not less than 50 per centum of the amounts that would 
otherwise be apportioned to the State under this section, until 
such time as the Secretary approves such program or determines 
that the State is implementing an approved program, as 
appropriate. The Secretary shall consider the gravity of the 
State's failure to have or implement an approved program in 
determining the amount of the reduction. The Secretary shall 
promptly apportion to the State the funds withheld from its 
apportionment if he approves the State's highway safety program 
or determines that the State has begun implementing an approved 
program, as appropriate, prior to the end of the fiscal year 
for which the funds were withheld. If the Secretary determines 
that the State did not correct its failure within such period, 
the Secretary shall reapportion the withheld funds to the other 
States in accordance with the formula specified in this 
subsection not later than 30 days after such determination.]
  (c) Apportionment of Funds.--
          (1) In general.--Funds made available to carry out 
        this section shall be used to aid States in conducting 
        the highway safety programs approved under subsection 
        (a).
          (2) Apportionment formula.--Funds described in 
        paragraph (1) shall be apportioned among the States 
        each fiscal year in the following manner:
                  (A) 62.5 percent in the ratio that the 
                population of each State bears to the total 
                population of all States, as shown by the 
                latest available Federal census.
                  (B) 20 percent in the ratio that the public 
                road mileage in each State bears to the total 
                public road mileage in all States.
                  (C) 10 percent only to States that have 
                enacted and are enforcing a primary safety belt 
                use law, in the ratio that the population of 
                each such State bears to the total population 
                of all such States, as shown by the latest 
                available Federal census.
                  (D) 5 percent only to States that have 
                enacted and are enforcing an ignition interlock 
                law, in the ratio that the population of each 
                such State bears to the total population of all 
                such States, as shown by the latest available 
                Federal census.
                  (E) 2.5 percent only to States that have 
                enacted and are enforcing a graduated drivers 
                licensing law, in the ratio that the population 
                of each such State bears to the total 
                population of all such States, as shown by the 
                latest available Federal census.
          (3) Minimum apportionment.--The annual apportionment 
        under paragraph (2) to each State shall not be less 
        than three-quarters of 1 percent of the total 
        apportionment under that paragraph in the applicable 
        fiscal year, except that the apportionment to the 
        Secretary of the Interior shall not be less than 1.5 
        percent of the total apportionment and the 
        apportionments to the Virgin Islands, Guam, American 
        Samoa, and the Commonwealth of the Northern Mariana 
        Islands shall not be less than one-quarter of 1 percent 
        of the total apportionment.
          (4) Implementation of approved highway safety 
        programs.--
                  (A) Requirement for receiving 
                apportionments.--The Secretary shall not 
                apportion any funds under this section to any 
                State that is not implementing a highway safety 
                program approved by the Secretary under this 
                section.
                  (B) Limitations on requirements relating to 
                motorcycle safety helmets.--A highway safety 
                program approved by the Secretary shall not 
                include any requirement that a State implement 
                such program by adopting or enforcing any law, 
                rule, or regulation based on a guideline 
                promulgated by the Secretary under this section 
                that requires any motorcycle operator 18 years 
                of age or older or passenger 18 years of age or 
                older to wear a safety helmet when operating or 
                riding a motorcycle on the streets and highways 
                of that State.
                  (C) Compliance with implementation 
                requirements.--Implementation of a highway 
                safety program under this section shall not be 
                construed to require the Secretary to require 
                compliance with every uniform guideline 
                promulgated under this section, or with every 
                element of every uniform guideline, in every 
                State.
                  (D) Minimum requirements for impaired driving 
                high range states.--An impaired driving high 
                range State shall expend in a fiscal year, on 
                projects and activities addressing impaired 
                driving, at least 30 percent of the funds 
                apportioned to that State under paragraph (2) 
                for that fiscal year.
                  (E) Automated traffic enforcement systems.--
                          (i) Prohibition.--A State may not 
                        expend funds apportioned to that State 
                        under paragraph (2) to carry out any 
                        program to purchase, operate, or 
                        maintain an automated traffic 
                        enforcement system.
                          (ii) Automated traffic enforcement 
                        system defined.--In this subparagraph, 
                        the term ``automated traffic 
                        enforcement system'' means automated 
                        technology that monitors compliance 
                        with traffic laws.
  [(d) All provisions] (d) Applicability of Certain 
Provisions.--All provisions of chapter 1 of this title that are 
applicable to National Highway System highway funds other than 
provisions relating to the apportionment formula and provisions 
limiting the expenditure of such funds to the Federal-aid 
systems, shall apply to the highway safety funds authorized to 
be appropriated to carry out this section, except as determined 
by the Secretary to be inconsistent with this section, and 
except that the aggregate of all expenditures made during any 
fiscal year by a State and its political subdivisions 
(exclusive of Federal funds) for carrying out the State highway 
safety program (other than planning and administration) shall 
be available for the purpose of crediting such State during 
such fiscal year for the non-Federal share of the cost of any 
project under this section (other than one for planning or 
administration) without regard to whether such expenditures 
were actually made in connection with such project and except 
that, in the case of a local highway safety program carried out 
by an Indian tribe, if the Secretary is satisfied that an 
Indian tribe does not have sufficient funds available to meet 
the non-Federal share of the cost of such program, he may 
increase the Federal share of the cost thereof payable under 
this Act to the extent necessary. In applying such provisions 
of chapter 1 in carrying out this section the term ``State 
transportation department'' as used in such provisions shall 
mean the Governor of a State for the purposes of this section.
  [(e) Uniform guidelines] (e) Cooperation.--Uniform guidelines 
promulgated by the Secretary to carry out this section shall be 
developed in cooperation with the States, their political 
subdivisions, appropriate Federal departments and agencies, and 
such other public and private organizations as the Secretary 
deems appropriate.
  [(f) The Secretary] (f) Department and Agency 
Participation.--The Secretary may make arrangements with other 
Federal departments and agencies for assistance in the 
preparation of uniform guidelines for the highway safety 
programs contemplated by subsection (a) and in the 
administration of such programs. Such departments and agencies 
are directed to cooperate in such preparation and 
administration, on a reimbursable basis.
  [(g) Nothing in] (g) Limitation on Funds.--Nothing in this 
section authorizes the appropriation or expenditure of funds 
[for (1) highway construction] for highway construction, 
maintenance, or design (other than design of safety features of 
highways to be incorporated into [guidelines) or (2) any 
purpose for which funds are authorized by section 403 of this 
title] guidelines) or for any purpose for which funds are 
authorized under section 403(a).

           *       *       *       *       *       *       *

  [(k)(1) Subject to the provisions of this subsection, the 
Secretary shall make a grant to any State which includes, as 
part of its highway safety program under section 402 of this 
title, the use of a comprehensive computerized safety 
recordkeeping system designed to correlate data regarding 
traffic accidents, drivers, motor vehicles, and roadways. Any 
such grant may only be used by such State to establish and 
maintain a comprehensive computerized traffic safety 
recordkeeping system or to obtain and operate components to 
support highway safety priority programs identified by the 
Secretary under this section. Notwithstanding any other 
provision of law, if a report, list, schedule, or survey is 
prepared by or for a State or political subdivision thereof 
under this subsection, such report, list, schedule, or survey 
shall not be admitted as evidence or used in any suit or action 
for damages arising out of any matter mentioned in such report, 
list, schedule, or survey.
  [(2) No State may receive a grant under this subsection in 
more than two fiscal years.
  [(3) The amount of the grant to any State under this 
subsection for the first fiscal year such State is eligible for 
a grant under this subsection shall equal 10 per centum of the 
amount apportioned to such State for fiscal year 1985 under 
this section. The amount of a grant to any State under this 
subsection for the second fiscal year such State is eligible 
for a grant under this subsection shall equal 10 per centum of 
the amount apportioned to such State for fiscal year 1986 under 
this section.
  [(4) A State is eligible for a grant under this subsection 
if--
          [(A) it certifies to the Secretary that it has in 
        operation a computerized traffic safety recordkeeping 
        system and identifies proposed means of upgrading the 
        system acceptable to the Secretary; or
          [(B) it provides to the Secretary a plan acceptable 
        to the Secretary for establishing and maintaining a 
        computerized traffic safety recordkeeping system.
  [(5) The Secretary, after making the deduction authorized by 
the second sentence of subsection (c) of this section for 
fiscal years 1985 and 1986, shall set aside 10 per centum of 
the remaining funds authorized to be appropriated to carry out 
this section for the purpose of making grants under this 
subsection. Funds set aside under this subsection shall remain 
available for the fiscal year authorized and for the succeeding 
fiscal year and any amounts remaining unexpended at the end of 
such period shall be apportioned in accordance with the 
provisions of subsection (c) of this section.]
  [(l)] (k) Law Enforcement Vehicular Pursuit Training.--A 
State shall actively encourage all relevant law enforcement 
agencies in such State to follow the guidelines established for 
vehicular pursuits issued by the International Association of 
Chiefs of Police that are in effect on the date of enactment of 
this subsection or as revised and in effect after such date as 
determined by the Secretary.
  [(m)] (l) Consolidation of Grant Applications.--The Secretary 
shall establish an approval process by which a State may apply 
for all grants under this chapter for which a single 
application process with one annual deadline is appropriate. 
The Bureau of Indian Affairs shall establish a similar 
simplified process for applications for grants from Indian 
tribes under this chapter.
  (m) Establishment of Performance Targets.--
          (1) In general.--The Governor of each State shall 
        establish quantifiable performance targets for their 
        State--
                  (A) to be incorporated into the highway 
                safety plan of the State under subsection (n) 
                each year; and
                  (B) with respect to, at a minimum--
                          (i) the average number of fatalities 
                        in the State resulting from traffic 
                        crashes per 100,000,000 vehicle miles 
                        traveled;
                          (ii) the average number of serious 
                        injuries in the State resulting from 
                        traffic crashes per 100,000,000 vehicle 
                        miles traveled;
                          (iii) the average number of traffic 
                        fatalities in the State involving 
                        drivers or motorcycle operators with a 
                        blood alcohol content of .08 or above 
                        per 100,000,000 vehicle miles traveled;
                          (iv) the average number of traffic 
                        crashes in the State involving drivers 
                        or motorcycle operators with a blood 
                        alcohol content of .08 or above per 
                        100,000,000 vehicle miles traveled;
                          (v) the average number of 
                        unrestrained motor vehicle occupant 
                        fatalities, for all seat positions, in 
                        the State resulting from traffic 
                        crashes per 100,000,000 vehicle miles 
                        traveled; and
                          (vi) the average number of 
                        motorcyclist fatalities in the State 
                        resulting from traffic crashes per 
                        100,000,000 vehicle miles traveled.
          (2) Considerations in establishing performance 
        targets.--In establishing performance targets for a 
        State under this subsection, a Governor shall consider, 
        at a minimum--
                  (A) the number of fatalities in the State 
                resulting from traffic crashes during the 
                preceding 3 years;
                  (B) the number of serious injuries in the 
                State resulting from traffic crashes during the 
                preceding 3 years;
                  (C) the extent to which vehicle miles 
                traveled in the State may impact the number of 
                fatalities and serious injuries in the State 
                resulting from traffic crashes; and
                  (D) data available from the Fatality Analysis 
                Reporting System of the National Highway 
                Traffic Safety Administration.
  (n) Highway Safety Plan and Reporting Requirements.--
          (1) In general.--With respect to fiscal year 2014, 
        and each fiscal year thereafter, the Secretary shall 
        require the Governor of each State, as a condition of 
        the approval of the State's highway safety program for 
        that fiscal year, to develop and submit to the 
        Secretary for approval a highway safety plan applicable 
        to that fiscal year in accordance with this subsection. 
        The plan required under this paragraph may be 
        incorporated into any other document required to be 
        submitted under this section.
          (2) Timing.--Each Governor shall submit to the 
        Secretary the highway safety plan of their State not 
        later than September 1 of the fiscal year preceding the 
        fiscal year to which the plan applies.
          (3) Contents.--A State's highway safety plan shall 
        include, at a minimum--
                  (A) current data with respect to each 
                performance target established for the State 
                under subsection (m);
                  (B) for the fiscal year preceding the fiscal 
                year to which the plan applies, a description 
                of the State's performance regarding each 
                performance target category described in 
                subsection (m)(1)(B);
                  (C) for the fiscal year preceding the fiscal 
                year to which the plan applies, a description 
                of the projects and activities for which the 
                State obligated funding apportioned to the 
                State under this section;
                  (D) for the fiscal year to which the plan 
                applies, the State's strategy for using funds 
                apportioned to the State under this section for 
                projects and activities that will allow the 
                State to meet the performance targets 
                established for the State under subsection (m);
                  (E) data and data analysis supporting the 
                effectiveness of projects and activities 
                proposed in the strategy under subparagraph 
                (D);
                  (F) a description of any Federal, State, 
                local, or private funds that the State plans to 
                use, in addition to funds apportioned to the 
                State under this section, to carry out the 
                State's strategy under subparagraph (D); and
                  (G) a certification that the State will 
                maintain its aggregate expenditures for highway 
                safety activities, from sources other than 
                funds apportioned to the State under this 
                section, at or above the average level of such 
                expenditures in the 2 fiscal years preceding 
                the date of enactment of this subsection.
          (4) Review of highway safety plans.--
                  (A) In general.--Not later than 60 days after 
                the date on which the Secretary receives a 
                State's highway safety plan, the Secretary 
                shall approve or disapprove the plan.
                  (B) Approvals and disapprovals.--The 
                Secretary shall approve or disapprove a State's 
                highway safety plan based on a review of the 
                plan, including an evaluation of whether, in 
                the Secretary's judgment, the plan is evidence-
                based, is supported by data and analysis, and, 
                if implemented, will allow the State to meet 
                the performance targets established for the 
                State under subsection (m). The Secretary shall 
                disapprove a State's highway safety plan if the 
                plan does not, in the Secretary's judgment, 
                provide for the evidenced-based use of funding 
                in a manner sufficient to allow the State to 
                meet performance targets.
                  (C) Actions upon disapproval.--If the 
                Secretary disapproves a State's highway safety 
                plan, the Secretary shall inform the Governor 
                of the State of the reasons for the disapproval 
                and require the Governor to resubmit the plan 
                with such modifications as the Secretary 
                determines necessary.
                  (D) Review of resubmitted plans.--If the 
                Secretary requires a Governor to resubmit a 
                highway safety plan with modifications, the 
                Secretary shall approve or disapprove the 
                modified plan not later than 30 days after the 
                date on which the modified plan is submitted to 
                the Secretary.
                  (E) Funding allocations.--If a State failed 
                to accomplish, as determined by the Secretary, 
                a performance target established for that State 
                under subsection (m) in the fiscal year 
                preceding the fiscal year to which a State 
                highway safety plan under review applies, the 
                Secretary shall require the following to be 
                included in the highway safety plan under 
                review:
                          (i) If the State failed to accomplish 
                        a performance target established under 
                        subsection (m)(1)(B)(iii) or 
                        (m)(1)(B)(iv), a certification that the 
                        State will expend funds apportioned to 
                        the State under this section, during 
                        the fiscal year to which the plan 
                        applies, for projects and activities 
                        addressing impaired driving in an 
                        amount that is at least 5 percent more 
                        than the amount expended on such 
                        projects and activities in the 
                        preceding fiscal year using such funds.
                          (ii) If the State failed to 
                        accomplish a performance target 
                        established under subsection 
                        (m)(1)(B)(v), a certification that the 
                        State will expend funds apportioned to 
                        the State under this section, during 
                        the fiscal year to which the plan 
                        applies, for projects and activities 
                        addressing occupant protection in an 
                        amount that is at least 5 percent more 
                        than the amount expended on such 
                        projects and activities in the 
                        preceding fiscal year using such funds.
                          (iii) If the State failed to 
                        accomplish a performance target 
                        established under subsection 
                        (m)(1)(B)(vi), a certification that the 
                        State will expend funds apportioned to 
                        the State under this section, during 
                        the fiscal year to which the plan 
                        applies, for projects and activities 
                        addressing motorcycle safety in an 
                        amount that is at least 5 percent more 
                        than the amount expended on such 
                        projects and activities in the 
                        preceding fiscal year using such funds.
                  (F) Data.--
                          (i) Fatalities data.--A State's 
                        compliance with performance targets 
                        relating to fatalities shall be 
                        determined using the most recent data 
                        from the Fatality Analysis Reporting 
                        System of the National Highway Traffic 
                        Safety Administration.
                          (ii) Crash data.--A State's 
                        compliance with performance targets 
                        relating to serious injuries shall be 
                        determined using State crash data 
                        files.
                  (G) Public notice.--A State shall make each 
                highway safety plan of the State available to 
                the public.
  (o) Annual Report to Congress.--Not later than October 1, 
2015, and annually thereafter, the Secretary shall submit to 
the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing--
          (1) an evaluation of each State's performance with 
        respect to the State's highway safety plan under 
        subsection (n) and performance targets under subsection 
        (m); and
          (2) such recommendations as the Secretary may have 
        for improvements to activities carried out under 
        subsections (m) and (n).
  (p) Definitions.--In this section, the following definitions 
apply:
          (1) Child restraint.--The term ``child restraint'' 
        means any product designed to provide restraint to a 
        child in a motor vehicle (including booster seats and 
        other products used with a lap and shoulder belt 
        assembly) that meets applicable Federal motor vehicle 
        safety standards prescribed by the National Highway 
        Traffic Safety Administration.
          (2) Controlled substance.--The term ``controlled 
        substance'' has the meaning given that term in section 
        102 of the Controlled Substances Act (21 U.S.C. 802).
          (3) Driving while intoxicated; driving under the 
        influence.--The terms ``driving while intoxicated'' and 
        ``driving under the influence'' have the meaning given 
        those terms in section 164.
          (4) Graduated drivers licensing law.--The term 
        ``graduated drivers licensing law'' means a law enacted 
        by a State that requires, before the granting of an 
        unrestricted driver's license to individuals under the 
        age of 21 years, a 2-stage licensing process that 
        includes the following:
                  (A) A learner's permit stage that--
                          (i) allows for the acquisition of a 
                        learner's permit by an individual not 
                        earlier than the date on which that 
                        individual attains 15 years and 6 
                        months of age;
                          (ii) is at least 6 months in 
                        duration;
                          (iii) requires an individual with a 
                        learner's permit to complete at least 
                        30 hours of driving supervised by a 
                        licensed driver who is 21 years of age 
                        or older;
                          (iv) requires an individual with a 
                        learner's permit to be accompanied and 
                        supervised by a licensed driver who is 
                        21 years of age or older at all times 
                        when operating a motor vehicle; and
                          (v) is in effect until the 
                        commencement of the intermediate stage 
                        or until the date on which the 
                        applicable individual attains 18 years 
                        of age.
                  (B) An intermediate stage that--
                          (i) applies to an individual 
                        immediately after the expiration of the 
                        learner's permit stage for that 
                        individual;
                          (ii) is at least 6 months in 
                        duration;
                          (iii) prohibits the operation of a 
                        motor vehicle by an individual to whom 
                        the stage applies, if that individual 
                        is transporting more than one 
                        nonfamilial passenger under the age of 
                        18 years and there is no licensed 
                        driver 21 years of age or older present 
                        in the motor vehicle; and
                          (iv) prohibits an individual to whom 
                        the stage applies from operating a 
                        motor vehicle between the hours of 
                        midnight and 4 a.m., unless such 
                        individual is accompanied and 
                        supervised by a licensed driver who is 
                        21 years of age or older.
          (5) Impaired driving high range state.--The term 
        ``impaired driving high range State'' means a State 
        that averaged more than .50 alcohol impaired driving 
        fatalities per 100,000,000 vehicle miles traveled, as 
        determined using data from the Fatality Analysis 
        Reporting System of the National Highway Traffic Safety 
        Administration, for the most recent 3 years for which 
        data are available.
          (6) Ignition interlock device.--The term ``ignition 
        interlock device'' means an in-vehicle device that 
        requires a driver to provide a breath sample prior to a 
        motor vehicle starting and that prevents a motor 
        vehicle from starting if the blood alcohol content of 
        the driver is above the legal limit.
          (7) Ignition interlock law.--The term ``ignition 
        interlock law'' means a law enacted by a State that 
        requires throughout the State the installation of an 
        ignition interlock device, for a minimum of 6 months, 
        on each motor vehicle operated by an individual who is 
        convicted of driving while intoxicated or driving under 
        the influence.
          (8) Motor vehicle.--The term ``motor vehicle'' has 
        the meaning given that term in section 157.
          (9) Motorcyclist safety training.--The term 
        ``motorcyclist safety training'' means a formal program 
        of instruction that is approved for use in a State by 
        the designated State authority having jurisdiction over 
        motorcyclist safety issues, which may include a State 
        motorcycle safety administrator or a motorcycle 
        advisory council appointed by the Governor of the 
        State.
          (10) Primary safety belt use law.--The term ``primary 
        safety belt use law'' means a law enacted by a State 
        that--
                  (A) requires all occupants in the front seat 
                of a motor vehicle to utilize a seat belt when 
                the motor vehicle is being driven; and
                  (B) allows for a law enforcement officer to 
                stop a vehicle solely for the purpose of 
                issuing a citation for a violation of the 
                requirement in subparagraph (A) in the absence 
                of evidence of another offense.
          (11) Projects and activities addressing impaired 
        driving.--The term ``projects and activities addressing 
        impaired driving'' means projects and activities--
                  (A) to develop and implement law enforcement 
                measures and tools designed to reduce impaired 
                driving, including training, education, 
                equipment, and other methods of support for law 
                enforcement and criminal justice professionals;
                  (B) to improve impaired driving prosecution 
                and adjudication, including the establishment 
                of courts that specialize in impaired driving 
                cases;
                  (C) to carry out safety campaigns relating to 
                impaired driving using paid media;
                  (D) to provide inpatient and outpatient 
                alcohol rehabilitation based on mandatory 
                assessment and appropriate treatment;
                  (E) to establish and improve information 
                systems containing data on impaired driving; or
                  (F) to establish and implement an ignition 
                interlock system for individuals convicted of 
                driving while intoxicated or driving under the 
                influence.
          (12) Projects and activities addressing motorcycle 
        safety.--The term ``projects and activities addressing 
        motorcycle safety'' means projects and activities--
                  (A) to improve the content and delivery of 
                motorcyclist safety training curricula;
                  (B) to support licensing, training, and 
                safety education for motorcyclists, including 
                new entrants;
                  (C) to enhance motorcycle safety through 
                public service announcements, including safety 
                messages on road sharing, outreach, and public 
                awareness activities; or
                  (D) to provide for the safety of 
                motorcyclists through the promotion of 
                appropriate protective equipment.
          (13) Projects and activities addressing occupant 
        protection.--The term ``projects and activities 
        addressing occupant protection'' means projects and 
        activities--
                  (A) to provide for occupant protection 
                training, education, equipment, and other 
                methods of support for law enforcement and 
                criminal justice professionals;
                  (B) to carry out safety campaigns relating to 
                occupant protection using paid media;
                  (C) to establish and improve information 
                systems containing data on occupant protection;
                  (D) to provide for training of firefighters, 
                law enforcement officers, emergency medical 
                services professionals, and others on the 
                provision of community child passenger safety 
                services; or
                  (E) to purchase child restraints for low-
                income families.
          (14) Public road.--The term ``public road'' means any 
        road under the jurisdiction of and maintained by a 
        public authority and open to public travel.
          (15) Public road mileage.--The term ``public road 
        mileage'' means the number of public road miles in a 
        State as--
                  (A) determined at the end of the calendar 
                year preceding the year in which applicable 
                funds are apportioned; and
                  (B) certified by the Governor of the State, 
                subject to approval by the Secretary.
          (16) Seat belt.--The term ``seat belt'' has the 
        meaning given that term in section 157.

[Sec. 403. Highway safety research and development

  [(a) Authority of the Secretary.--The Secretary is authorized 
to use funds appropriated to carry out this section to--
          [(1) conduct research on all phases of highway safety 
        and traffic conditions, including accident causation, 
        highway or driver characteristics, communications, and 
        emergency care;
          [(2) conduct ongoing research into driver behavior 
        and its effect on traffic safety;
          [(3) conduct research on, launch initiatives to 
        counter, and conduct demonstration projects on fatigued 
        driving by drivers of motor vehicles and distracted 
        driving in such vehicles, including the effect that the 
        use of electronic devices and other factors deemed 
        relevant by the Secretary have on driving;
          [(4) conduct training or education programs in 
        cooperation with other Federal departments and 
        agencies, States, private sector persons, highway 
        safety personnel, and law enforcement personnel;
          [(5) conduct research on, and evaluate the 
        effectiveness of, traffic safety countermeasures, 
        including seat belts and impaired driving initiatives;
          [(6) conduct research on, evaluate, and develop best 
        practices related to driver education programs 
        (including driver education curricula, instructor 
        training and certification, program administration and 
        delivery mechanisms) and make recommendations for 
        harmonizing driver education and multistage graduated 
        licensing systems;
          [(7) conduct research, training, and education 
        programs related to older drivers;
          [(8) conduct demonstration projects; and
          [(9) conduct research, training, and programs 
        relating to motorcycle safety, including impaired 
        driving.
  [(b) Drugs and Driver Behavior.--In addition to the research 
authorized by subsection (a), the Secretary, in consultation 
with other Government and private agencies as may be necessary, 
is authorized to carry out safety research on the following:
          [(1) The relationship between the consumption and use 
        of drugs and their effect upon highway safety and 
        drivers of motor vehicles.
          [(2) Driver behavior research, including the 
        characteristics of driver performance, the 
        relationships of mental and physical abilities or 
        disabilities to the driving task, and the relationship 
        of frequency of driver crash involvement to highway 
        safety.
          [(3) Measures that may deter drugged driving.
          [(4) Programs to train law enforcement officers on 
        motor vehicle pursuits conducted by the officers.
          [(5) Technology to detect drug use and enable States 
        to efficiently process toxicology evidence.
          [(6) Research on the effects of illicit drugs and the 
        compound effects of alcohol and illicit drugs on 
        impairment.
  [(c) The research authorized by subsections (a) and (b) of 
this section may be conducted by the Secretary through grants 
and contracts with public and private agencies, institutions, 
and individuals.
  [(d) The Secretary may, where he deems it to be in 
furtherance of the purposes of section 402 of this title, vest 
in State or local agencies, on such terms and conditions as he 
deems appropriate, title to equipment purchased for 
demonstration projects with funds authorized by this section.
  [(e) In addition to the research authorized by subsection (a) 
of this section, the Secretary shall, either independently or 
in cooperation with other Federal departments or agencies, 
conduct research into, and make grants to or contracts with 
State or local agencies, institutions, and individuals for 
projects to demonstrate the administrative adjudication of 
traffic infractions. Such administrative adjudication 
demonstration projects shall be designed to improve highway 
safety by developing fair, efficient, and effective processes 
and procedures for traffic infraction adjudication, utilizing 
appropriate punishment, training, and rehabilitative measures 
for traffic offenders. The Secretary shall report to Congress 
by July 1, 1975, and each year thereafter during the 
continuance of the program, on the research and demonstration 
projects authorized by this subsection, and shall include in 
such report a comparison of the fairness, efficiency, and 
effectiveness of administrative adjudication of traffic 
infractions with other methods of handling such infractions.
  [(f) Collaborative Research and Development.--
          [(1) In general.--For the purpose of encouraging 
        innovative solutions to highway safety problems, 
        stimulating voluntary improvements in highway safety, 
        and stimulating the marketing of new highway safety-
        related technology by private industry, the Secretary 
        is authorized to undertake, on a cost-shared basis, 
        collaborative research and development with non-Federal 
        entities, including State and local governments, 
        colleges, and universities and corporations, 
        partnerships, sole proprietorships, and trade 
        associations that are incorporated or established under 
        the laws of any State or the United States. This 
        collaborative research may include crash data 
        collection and analysis; driver and pedestrian 
        behavior; and demonstrations of technology.
          [(2) Cooperative agreements.--In carrying out this 
        subsection, the Secretary may enter into cooperative 
        research and development agreements, as defined in 
        section 12 of the Stevenson-Wydler Technology 
        Innovation Act of 1980 (15 U.S.C. 3710a); except that 
        in entering into such agreements, the Secretary may 
        agree to provide not more than 50 percent of the cost 
        of any research or development project selected by the 
        Secretary under this subsection.
          [(3) Project selection.--In selecting projects to be 
        conducted under this subsection, the Secretary shall 
        establish a procedure to consider the views of experts 
        and the public concerning the project areas.
          [(4) Applicability of Stevenson-Wydler Technology 
        Innovation Act.--The research, development, or 
        utilization of any technology pursuant to an agreement 
        under the provisions of this subsection, including the 
        terms under which technology may be licensed and the 
        resulting royalties may be distributed, shall be 
        subject to the provisions of the Stevenson-Wydler 
        Technology Innovation Act of 1980.
  [(g) International Cooperation.--The Administrator of the 
National Highway Traffic Safety Administration may participate 
and cooperate in international activities to enhance highway 
safety.]

Sec. 403. Use of certain funds made available for administrative 
                    expenses

  (a) Highway Safety Research and Development.--The Secretary 
is authorized to carry out, using funds made available out of 
the Highway Trust Fund (other than the Alternative 
Transportation Account) under section 5002(a)(3) of the 
American Energy and Infrastructure Jobs Act of 2012--
          (1) ongoing research into driver behavior and its 
        effect on traffic safety;
          (2) research on, initiatives to counter, and 
        demonstration projects on fatigued driving by drivers 
        of motor vehicles and distracted driving in such 
        vehicles, including the effect that the use of 
        electronic devices and other factors determined 
        relevant by the Secretary have on driving;
          (3) training or education programs in cooperation 
        with other Federal departments and agencies, States, 
        private sector persons, highway safety personnel, and 
        law enforcement personnel;
          (4) research on and evaluations of the effectiveness 
        of traffic safety countermeasures, including seat belts 
        and impaired driving initiatives;
          (5) research on, evaluations of, and identification 
        of best practices related to driver education programs 
        (including driver education curricula, instructor 
        training and certification, program administration, and 
        delivery mechanisms) and make recommendations for 
        harmonizing driver education and multistage graduated 
        licensing systems;
          (6) research, training, and education programs 
        related to older drivers;
          (7) highway safety demonstration projects related to 
        driver behavior, including field operational tests for 
        vehicle collision avoidance systems, vehicle voice 
        interface systems, vehicle workload management systems, 
        driver state monitoring systems, and autonomous 
        vehicles; and
          (8) research, training, and programs relating to 
        motorcycle safety, including impaired driving.
  (b) High Visibility Enforcement Program.--
          (1) In general.--The Administrator of the National 
        Highway Traffic Safety Administration shall establish 
        and administer, using funds made available out of the 
        Highway Trust Fund (other than the Alternative 
        Transportation Account) under section 5002(a)(3) of the 
        American Energy and Infrastructure Jobs Act of 2012, a 
        program under which at least 2 high-visibility traffic 
        safety law enforcement campaigns will be carried out 
        for the purpose specified in paragraph (2) in each of 
        fiscal years 2013 through 2016.
          (2) Purpose.--The purpose of each law enforcement 
        campaign under this subsection shall be to achieve one 
        or more of the following objectives:
                  (A) Reduce alcohol-impaired or drug-impaired 
                operation of motor vehicles.
                  (B) Increase the use of seat belts by 
                occupants of motor vehicles.
                  (C) Reduce distracted driving of motor 
                vehicles.
          (3) Advertising.--The Administrator may use, or 
        authorize the use of, funds made available to carry out 
        this subsection to pay for the development, production, 
        and use of broadcast and print media advertising in 
        carrying out law enforcement campaigns under this 
        subsection. Consideration shall be given to advertising 
        directed at non-English speaking populations, including 
        those who listen to, read, or watch nontraditional 
        media.
          (4) Coordination with states.--The Administrator 
        shall coordinate with States in carrying out law 
        enforcement campaigns under this subsection, including 
        advertising funded under paragraph (3), with a view 
        toward--
                  (A) relying on States to provide the law 
                enforcement resources for the campaigns out of 
                funding available under this subsection and 
                section 402; and
                  (B) providing out of National Highway Traffic 
                Safety Administration resources most of the 
                means necessary for national advertising and 
                education efforts associated with the law 
                enforcement campaigns.
          (5) Annual evaluation.--The Secretary shall conduct 
        an annual evaluation of the effectiveness of campaigns 
        carried out under this subsection.
          (6) State defined.--In this subsection, the term 
        ``State'' has the meaning given that term in section 
        401.
  (c) Availability of Funds.--The Secretary shall ensure that 
at least $137,244,000 of the funds made available out of the 
Highway Trust Fund (other than the Alternative Transportation 
Account) under section 5002(a)(3) of the American Energy and 
Infrastructure Jobs Act of 2012 each fiscal year are used for 
programs and activities authorized under this section.

           *       *       *       *       *       *       *

[Sec. 405. Occupant protection incentive grants

  [(a) General Authority.--
          [(1) Authority to make grants.--Subject to the 
        requirements of this section, the Secretary shall make 
        grants under this section to States that adopt and 
        implement effective programs to reduce highway deaths 
        and injuries resulting from individuals riding 
        unrestrained or improperly restrained in motor 
        vehicles. Such grants may be used by recipient States 
        only to implement and enforce, as appropriate, such 
        programs.
          [(2) Maintenance of effort.--No grant may be made to 
        a State under this section in any fiscal year unless 
        the State enters into such agreements with the 
        Secretary as the Secretary may require to ensure that 
        the State will maintain its aggregate expenditures from 
        all other sources for programs described in paragraph 
        (1) at or above the average level of such expenditures 
        in its 2 fiscal years preceding the date of enactment 
        of the SAFETEA-LU.
          [(3) Maximum period of eligibility.--No State may 
        receive grants under this section in more than 9 fiscal 
        years beginning after September 30, 2003.
          [(4) Federal share.--The Federal share of the cost of 
        implementing and enforcing, as appropriate, in a fiscal 
        year a program adopted by a State pursuant to paragraph 
        (1) shall not exceed--
                  [(A) in each of the first and second fiscal 
                years beginning after September 30, 2003, in 
                which the State receives a grant under this 
                section, 75 percent;
                  [(B) in each of the third and fourth fiscal 
                years beginning after September 30, 2003, in 
                which the State receives a grant under this 
                section, 50 percent; and
                  [(C) in each of the fifth through ninth 
                fiscal years beginning after September 30, 
                2003, in which the State receives a grant under 
                this section, 25 percent.
  [(b) Grant Eligibility.--A State shall become eligible for a 
grant under this section by adopting or demonstrating to the 
satisfaction of the Secretary at least 4 of the following:
          [(1) Safety belt use law.--The State has in effect a 
        safety belt use law that makes unlawful throughout the 
        State the operation of a passenger motor vehicle 
        whenever an individual (other than a child who is 
        secured in a child restraint system) in the front seat 
        of the vehicle (and, beginning in fiscal year 2001, in 
        any seat in the vehicle) does not have a safety belt 
        properly secured about the individual's body.
          [(2) Primary safety belt use law.--The State provides 
        for primary enforcement of the safety belt use law of 
        the State.
          [(3) Minimum fine or penalty points.--The State 
        imposes a minimum fine or provides for the imposition 
        of penalty points against the driver's license of an 
        individual--
                  [(A) for a violation of the safety belt use 
                law of the State; and
                  [(B) for a violation of the child passenger 
                protection law of the State.
          [(4) Special traffic enforcement program.--The State 
        has implemented a statewide special traffic enforcement 
        program for occupant protection that emphasizes 
        publicity for the program.
          [(5) Child passenger protection education program.--
        The State has implemented a statewide comprehensive 
        child passenger protection education program that 
        includes education programs about proper seating 
        positions for children in air bag equipped motor 
        vehicles and instruction on how to reduce the improper 
        use of child restraint systems.
          [(6) Child passenger protection law.--The State has 
        in effect a law that requires minors who are riding in 
        a passenger motor vehicle to be properly secured in a 
        child safety seat or other appropriate restraint 
        system.
  [(c) Grant Amounts.--The amount of a grant for which a State 
qualifies under this section for a fiscal year shall equal up 
to 100 percent of the amount apportioned to the State for 
fiscal year 2003 under section 402.
  [(e) Applicability of Chapter 1.--The provisions contained in 
section 402(d) shall apply to this section.
  [(f) Definitions.--In this section, the following definitions 
apply:
          [(1) Child safety seat.--The term ``child safety 
        seat'' means any device (except safety belts) designed 
        for use in a motor vehicle to restrain, seat, or 
        position a child who weighs 50 pounds or less.
          [(2) Motor vehicle.--The term ``motor vehicle'' means 
        a vehicle driven or drawn by mechanical power and 
        manufactured primarily for use on public streets, 
        roads, and highways, but does not include a vehicle 
        operated only on a rail line.
          [(3) Multipurpose passenger vehicle.--The term 
        ``multipurpose passenger vehicle'' means a motor 
        vehicle with motive power (except a trailer), designed 
        to carry not more than 10 individuals, that is 
        constructed either on a truck chassis or with special 
        features for occasional off-road operation.
          [(4) Passenger car.--The term ``passenger car'' means 
        a motor vehicle with motive power (except a 
        multipurpose passenger vehicle, motorcycle, or trailer) 
        designed to carry not more than 10 individuals.
          [(5) Passenger motor vehicle.--The term ``passenger 
        motor vehicle'' means a passenger car or a multipurpose 
        passenger motor vehicle.
          [(6) Safety belt.--The term ``safety belt'' means--
                  [(A) with respect to open-body passenger 
                vehicles, including convertibles, an occupant 
                restraint system consisting of a lap belt or a 
                lap belt and a detachable shoulder belt; and
                  [(B) with respect to other passenger 
                vehicles, an occupant restraint system 
                consisting of integrated lap and shoulder 
                belts.

[Sec. 406. Safety belt performance grants

  [(a) In General.--The Secretary shall make grants to States 
in accordance with the provisions of this section to encourage 
the enactment and enforcement of laws requiring the use of 
safety belts in passenger motor vehicles.
  [(b) Grants for Enacting Primary Safety Belt Use Laws.--
          [(1) In general.--The Secretary shall make a single 
        grant to each State that either--
                  [(A) enacts for the first time after December 
                31, 2002, and has in effect and is enforcing a 
                conforming primary safety belt use law for all 
                passenger motor vehicles; or
                  [(B) in the case of a State that does not 
                have such a primary safety belt use law, has 
                after December 31, 2005, a State safety belt 
                use rate of 85 percent or more for each of the 
                2 calendar years immediately preceding the 
                fiscal year of a grant, as measured under 
                criteria determined by the Secretary.
          [(2) Amount.--The amount of a grant available to a 
        State in fiscal year 2006 or in a subsequent fiscal 
        year under paragraph (1) shall equal 475 percent of the 
        amount apportioned to the State under section 402(c) 
        for fiscal year 2003.
          [(3) July 1 cut-off.--For the purpose of determining 
        the eligibility of a State for a grant under paragraph 
        (1)(A), a conforming primary safety belt use law 
        enacted after June 30th of any year shall--
                  [(A) not be considered to have been enacted 
                in the Federal fiscal year in which that June 
                30th falls; but
                  [(B) be considered as if it were enacted 
                after October 1 of the next Federal fiscal 
                year.
          [(4) Shortfall.--If the total amount of grants 
        provided for by this subsection for a fiscal year 
        exceeds the amount of funds available for such grants 
        for that fiscal year, the Secretary shall make grants 
        under this subsection to States in the order in which--
                  [(A) the conforming primary safety belt use 
                law came into effect; or
                  [(B) the State's safety belt use rate was 85 
                percent or more for 2 consecutive calendar 
                years (as measured under by criteria determined 
                by the Secretary), whichever first occurs.
          [(5) Catch-up grants.--The Secretary shall make a 
        grant to any State eligible for a grant under this 
        subsection that did not receive a grant for a fiscal 
        year because of the application of paragraph (4), in 
        the next fiscal year if the State's conforming primary 
        safety belt use law remains in effect or its safety 
        belt use rate is 85 percent or more for the 2 
        consecutive calendar years preceding such next fiscal 
        year (subject to the condition in paragraph (4)).
  [(c) Grants for Pre-2003 Laws.--
          [(1) In general.--To the extent that amounts made 
        available for grants under this section for any of 
        fiscal years 2006 through 2009 exceed the total amount 
        of grants to be awarded under subsection (b) for the 
        fiscal year, including amounts to be awarded for catch-
        up grants under subsection (b)(5), the Secretary shall 
        make a single grant to each State that enacted, has in 
        effect, and is enforcing a conforming primary safety 
        belt use law for all passenger motor vehicles that was 
        in effect before January 1, 2003.
          [(2) Amount; installments.--The amount of a grant 
        available to a State under this subsection shall be 
        equal to 200 percent of the amount of funds apportioned 
        to the State under section 402(c) for fiscal year 2003. 
        The Secretary may award the grant in annual 
        installments.
  [(d) Allocation of Unallocated Funds.--
          [(1) Additional grants.--The Secretary shall make 
        additional grants under this section of any amounts 
        made available for grants under this section that, on 
        July 1, 2009, have not been allocated to States under 
        this section.
          [(2) Allocation.--The additional grants made under 
        this subsection shall be allocated among all States 
        that, as of that date, have enacted, have in effect, 
        and are enforcing conforming primary safety belt laws 
        for all passenger motor vehicles. The allocations shall 
        be made in accordance with the formula for apportioning 
        funds among the States under section 402(c).
  [(e) Use of Grant Funds.--
          [(1) In general.--Subject to paragraph (2), a State 
        may use a grant under this section for any safety 
        purpose under this title or for any project that 
        corrects or improves a hazardous roadway location or 
        feature or proactively addresses highway safety 
        problems, including--
                  [(A) intersection improvements;
                  [(B) pavement and shoulder widening;
                  [(C) installation of rumble strips and other 
                warning devices;
                  [(D) improving skid resistance;
                  [(E) improvements for pedestrian or bicyclist 
                safety;
                  [(F) railway-highway crossing safety;
                  [(G) traffic calming;
                  [(H) the elimination of roadside obstacles;
                  [(I) improving highway signage and pavement 
                marking;
                  [(J) installing priority control systems for 
                emergency vehicles at signalized intersections;
                  [(K) installing traffic control or warning 
                devices at locations with high accident 
                potential;
                  [(L) safety-conscious planning; and
                  [(M) improving crash data collection and 
                analysis.
          [(2) Safety activity requirement.--Notwithstanding 
        paragraph (1), the Secretary shall ensure that at least 
        $1,000,000 of amounts received by States under this 
        section are obligated for safety activities under this 
        chapter.
          [(3) Support activity.--The Secretary or his designee 
        may engage in activities with States and State 
        legislators to consider proposals related to safety 
        belt use laws.
  [(f) Carry-Forward of Excess Funds.--If the amount available 
for grants under this section for any fiscal year exceeds the 
sum of the grants made under this section for that fiscal year, 
the excess amount and obligational authority shall be carried 
forward and made available for grants under this section in the 
succeeding fiscal year.
  [(g) Federal Share.--The Federal share payable for grants 
under this section shall be 100 percent.
  [(h) Passenger Motor Vehicle Defined.--In this section, the 
term ``passenger motor vehicle'' means--
          [(1) a passenger car;
          [(2) a pickup truck; and
          [(3) a van, minivan, or sport utility vehicle with a 
        gross vehicle weight rating of less than 10,000 pounds.

[Sec. 407. Innovative project grants

  [(a) In addition to other grants authorized by this chapter, 
the Secretary may make grants in any fiscal year to those 
States, political subdivisions thereof, and nonprofit 
organizations which develop innovative approaches to highway 
safety problems in accordance with criteria to be established 
by the Secretary in cooperation with the States, political 
subdivisions thereof, and such nonprofit organizations as the 
Secretary deems appropriate.
  [(b) The Secretary shall establish a procedure for the 
selection of grant applications submitted under this section. 
In developing such procedure, the Secretary shall consult with 
the States and political subdivisions thereof, appropriate 
Federal departments and agencies, and such other public and 
nonprofit organizations as the Secretary deems appropriate.
  [(c) Any State, political subdivision thereof, and nonprofit 
organization may make an application under this section to 
carry out an innovative project described in subsection (a) of 
this section. Such application shall be in such form and 
contain such information as the Secretary, by regulation, 
prescribes.
  [(d) Not to exceed 2 per centum of the funds authorized to be 
appropriated to carry out this section shall be available to 
the Secretary for the necessary costs of administering the 
provisions of this section.
  [(e) The Secretary shall submit an annual report to the 
Congress which provides a description of each application 
received for a grant under this section and an evaluation of 
innovative projects carried out with grants made under this 
section.

[Sec. 408. State traffic safety information system improvements

  [(a) Grant Authority.--Subject to the requirements of this 
section, the Secretary shall make grants to eligible States to 
support the development and implementation of effective 
programs by such States to--
          [(1) improve the timeliness, accuracy, completeness, 
        uniformity, integration, and accessibility of the 
        safety data of the State that is needed to identify 
        priorities for national, State, and local highway and 
        traffic safety programs;
          [(2) evaluate the effectiveness of efforts to make 
        such improvements;
          [(3) link the State data systems, including traffic 
        records, with other data systems within the State, such 
        as systems that contain medical, roadway, and economic 
        data; and
          [(4) improve the compatibility and interoperability 
        of the data systems of the State with national data 
        systems and data systems of other States and enhance 
        the ability of the Secretary to observe and analyze 
        national trends in crash occurrences, rates, outcomes, 
        and circumstances.
  [(b) First-Year Grants.--To be eligible for a first-year 
grant under this section in a fiscal year, a State shall 
demonstrate to the satisfaction of the Secretary that the State 
has--
          [(1) established a highway safety data and traffic 
        records coordinating committee with a multidisciplinary 
        membership that includes, among others, managers, 
        collectors, and users of traffic records and public 
        health and injury control data systems; and
          [(2) developed a multiyear highway safety data and 
        traffic records system strategic plan--
                  [(A) that addresses existing deficiencies in 
                the State's highway safety data and traffic 
                records system;
                  [(B) that is approved by the highway safety 
                data and traffic records coordinating 
                committee;
                  [(C) that specifies how existing deficiencies 
                in the State's highway safety data and traffic 
                records system were identified;
                  [(D) that prioritizes, on the basis of the 
                identified highway safety data and traffic 
                records system deficiencies of the State, the 
                highway safety data and traffic records system 
                needs and goals of the State, including the 
                activities under subsection (a);
                  [(E) that identifies performance-based 
                measures by which progress toward those goals 
                will be determined; and
                  [(F) that specifies how the grant funds and 
                any other funds of the State are to be used to 
                address needs and goals identified in the 
                multiyear plan.
  [(c) Successive Year Grants.--A State shall be eligible for a 
grant under this subsection in a fiscal year succeeding the 
first fiscal year in which the State receives a grant under 
subsection (b) if the State--
          [(1) certifies to the Secretary that an assessment or 
        audit of the State's highway safety data and traffic 
        records system has been conducted or updated within the 
        preceding 5 years;
          [(2) certifies to the Secretary that its highway 
        safety data and traffic records coordinating committee 
        continues to operate and supports the multiyear plan;
          [(3) specifies how the grant funds and any other 
        funds of the State are to be used to address needs and 
        goals identified in the multiyear plan;
          [(4) demonstrates to the Secretary measurable 
        progress toward achieving the goals and objectives 
        identified in the multiyear plan; and
          [(5) submits to the Secretary a current report on the 
        progress in implementing the multiyear plan.
  [(d) Grant Amount.--Subject to subsection (e)(3), the amount 
of a year grant made to a State for a fiscal year under this 
section shall equal the higher of--
          [(1) the amount determined by multiplying--
                  [(A) the amount appropriated to carry out 
                this section for such fiscal year, by
                  [(B) the ratio that the funds apportioned to 
                the State under section 402 for fiscal year 
                2003 bears to the funds apportioned to all 
                States under such section for fiscal year 2003; 
                or
          [(2)(A) $300,000 in the case of the first fiscal year 
        a grant is made to a State under this section after the 
        date of enactment of this subparagraph; or
          [(B) $500,000 in the case of a succeeding fiscal year 
        a grant is made to the State under this section after 
        such date of enactment.
  [(e) Additional Requirements and Limitations.--
          [(1) Model data elements.--The Secretary, in 
        consultation with States and other appropriate parties, 
        shall determine the model data elements that are useful 
        for the observation and analysis of State and national 
        trends in occurrences, rates, outcomes, and 
        circumstances of motor vehicle traffic accidents. In 
        order to be eligible for a grant under this section, a 
        State shall submit to the Secretary a certification 
        that the State has adopted and uses such model data 
        elements, or a certification that the State will use 
        grant funds provided under this section toward adopting 
        and using the maximum number of such model data 
        elements as soon as practicable.
          [(2) Data on use of electronic devices.--The model 
        data elements required under paragraph (1) shall 
        include data elements, as determined appropriate by the 
        Secretary, in consultation with the States and 
        appropriate elements of the law enforcement community, 
        on the impact on traffic safety of the use of 
        electronic devices while driving.
          [(3) Maintenance of effort.--No grant may be made to 
        a State under this section in any fiscal year unless 
        the State enters into such agreements with the 
        Secretary as the Secretary may require to ensure that 
        the State will maintain its aggregate expenditures from 
        all other sources for highway safety data programs at 
        or above the average level of such expenditures 
        maintained by such State in the 2 fiscal years 
        preceding the date of enactment of the SAFETEA-LU.
          [(4) Federal share.--The Federal share of the cost of 
        adopting and implementing in a fiscal year a State 
        program described in subsection (a) may not exceed 80 
        percent.
          [(5) Limitation on use of grant proceeds.--A State 
        may use the proceeds of a grant received under this 
        section only to implement the program described in 
        subsection (a) for which the grant is made.
  [(f) Applicability of Chapter 1.--Section 402(d) of this 
title shall apply in the administration of this section.]

Sec. 409. Discovery and admission as evidence of certain reports and 
                    surveys

  Notwithstanding any other provision of law, reports, surveys, 
schedules, lists, or data compiled or collected for the purpose 
of identifying, evaluating, or planning the safety enhancement 
of potential accident sites, hazardous roadway conditions, or 
railway-highway crossings, pursuant to sections 130, 144, [and 
148] 148, and 402 of this title or for the purpose of 
developing any highway safety construction improvement project 
which may be implemented utilizing Federal-aid highway funds 
shall not be subject to discovery or admitted into evidence in 
a Federal or State court proceeding or considered for other 
purposes in any action for damages arising from any occurrence 
at a location mentioned or addressed in such reports, surveys, 
schedules, lists, or data.

[Sec. 410. Alcohol-impaired driving countermeasures

  [(a) General Authority.--
          [(1) Authority to make grants.--Subject to the 
        requirements of this section, the Secretary shall make 
        grants to States that adopt and implement effective 
        programs to reduce traffic safety problems resulting 
        from individuals driving while under the influence of 
        alcohol. Such grants may only be used by recipient 
        States to implement and enforce such programs.
          [(2) Maintenance of effort.--No grant may be made to 
        a State under this subsection in any fiscal year unless 
        the State enters into such agreements with the 
        Secretary as the Secretary may require to ensure that 
        the State will maintain its aggregate expenditures from 
        all other sources for alcohol traffic safety programs 
        at or above the average level of such expenditures in 
        its 2 fiscal years preceding the date of enactment of 
        the SAFETEA-LU.
          [(3) Federal share.--The Federal share of the cost of 
        implementing and enforcing in a fiscal year a program 
        adopted by a State pursuant to paragraph (1) shall not 
        exceed--
                  [(A) in each of the first and second fiscal 
                years in which the State receives a grant under 
                this section, 75 percent;
                  [(B) in each of the third and fourth fiscal 
                years in which the State receives a grant under 
                this section, 50 percent; and
                  [(C) in each of the fifth through eleventh 
                fiscal years in which the State receives a 
                grant under this section, 25 percent.
  [(b) Eligibility Requirements.--To be eligible for a grant 
under subsection (a), a State shall--
          [(1) have an alcohol related fatality rate of 0.5 or 
        less per 100,000,000 vehicle miles traveled as of the 
        date of the grant, as determined by the Secretary using 
        the most recent Fatality Analysis Reporting System of 
        the National Highway Traffic Safety Administration; or
          [(2)(A) for fiscal year 2006 by carrying out 3 of the 
        programs and activities under subsection (c);
          [(B) for fiscal year 2007 by carrying out 4 of the 
        programs and activities under subsection (c); or
          [(C) for each of fiscal years 2008 through 2012 by 
        carrying out 5 of the programs and activities under 
        subsection (c).
  [(c) State Programs and Activities.--The programs and 
activities referred to in subsection (b) are the following:
          [(1) Check point, saturation patrol program.--A State 
        program to conduct a series of high visibility, 
        statewide law enforcement campaigns in which law 
        enforcement personnel monitor for impaired driving, 
        either through the use of sobriety check points or 
        saturation patrols, on a nondiscriminatory, lawful 
        basis for the purpose of determining whether the 
        operators of the motor vehicles are driving while under 
        the influence of alcohol--
                  [(A) if the State organizes the campaigns in 
                cooperation with related periodic national 
                campaigns organized by the National Highway 
                Traffic Safety Administration, except that this 
                subparagraph does not preclude a State from 
                initiating sustained high visibility, Statewide 
                law enforcement campaigns independently of the 
                cooperative efforts; and
                  [(B) if, for each fiscal year, the State 
                demonstrates to the Secretary that the State 
                and the political subdivisions of the State 
                that receive funds under this section have 
                increased, in the aggregate, the total number 
                of impaired driving law enforcement activities 
                at high incident locations (or any other 
                similar activity approved by the Secretary) 
                initiated in such State during the preceding 
                fiscal year by a factor that the Secretary 
                determines meaningful for the State over the 
                number of such activities initiated in such 
                State during the preceding fiscal year.
          [(2) Prosecution and adjudication outreach program.--
        A State prosecution and adjudication program under 
        which--
                  [(A) the State works to reduce the use of 
                diversion programs by educating and informing 
                prosecutors and judges through various outreach 
                methods about the benefits and merits of 
                prosecuting and adjudicating defendants who 
                repeatedly commit impaired driving offenses;
                  [(B) the courts in a majority of the judicial 
                jurisdictions of the State are monitored on the 
                courts' adjudication of cases of impaired 
                driving offenses; or
                  [(C) annual statewide outreach is provided 
                for judges and prosecutors on innovative 
                approaches to the prosecution and adjudication 
                of cases of impaired driving offenses that have 
                the potential for significantly improving the 
                prosecution and adjudication of such cases.
          [(3) Testing of BAC.--An effective system for 
        increasing from the previous year the rate of blood 
        alcohol concentration testing of motor vehicle drivers 
        involved in fatal accidents.
          [(4) High risk drivers.--A law that establishes 
        stronger sanctions or additional penalties for 
        individuals convicted of operating a motor vehicle 
        while under the influence of alcohol whose blood 
        alcohol concentration is 0.15 percent or more than for 
        individuals convicted of the same offense but with a 
        lower blood alcohol concentration. For purposes of this 
        paragraph, ``additional penalties'' includes--
                  [(A) a 1-year suspension of a driver's 
                license, but with the individual whose license 
                is suspended becoming eligible after 45 days of 
                such suspension to obtain a provisional 
                driver's license that would permit the 
                individual to drive--
                          [(i) only to and from the 
                        individual's place of employment or 
                        school; and
                          [(ii) only in an automobile equipped 
                        with a certified alcohol ignition 
                        interlock device; and
                  [(B) a mandatory assessment by a certified 
                substance abuse official of whether the 
                individual has an alcohol abuse problem with 
                possible referral to counseling if the official 
                determines that such a referral is appropriate.
          [(5) Programs for effective alcohol rehabilitation 
        and DWI courts.--A program for effective inpatient and 
        outpatient alcohol rehabilitation based on mandatory 
        assessment and appropriate treatment for repeat 
        offenders or a program to refer impaired driving cases 
        to courts that specialize in driving while impaired 
        cases that emphasize the close supervision of high-risk 
        offenders.
          [(6) Underage drinking program.--An effective 
        strategy, as determined by the Secretary, for 
        preventing operators of motor vehicles under age 21 
        from obtaining alcoholic beverages and for preventing 
        persons from making alcoholic beverages available to 
        individuals under age 21. Such a strategy may include--
                  [(A) the issuance of tamper-resistant 
                drivers' licenses to individuals under age 21 
                that are easily distinguishable in appearance 
                from drivers' licenses issued to individuals 
                age 21 or older; and
                  [(B) a program provided by a nonprofit 
                organization for training point of sale 
                personnel concerning, at a minimum--
                          [(i) the clinical effects of alcohol;
                          [(ii) methods of preventing second 
                        party sales of alcohol;
                          [(iii) recognizing signs of 
                        intoxication;
                          [(iv) methods to prevent underage 
                        drinking; and
                          [(v) Federal, State, and local laws 
                        that are relevant to such personnel; 
                        and
                  [(C) having a law in effect that creates a 
                0.02 percent blood alcohol content limit for 
                drivers under 21 years old.
          [(7) Administrative license revocation.--An 
        administrative driver's license suspension or 
        revocation system for individuals who operate motor 
        vehicles while under the influence of alcohol that 
        requires that--
                  [(A) in the case of an individual who, in any 
                5-year period beginning after the date of 
                enactment of the Transportation Equity Act for 
                the 21st Century, is determined on the basis of 
                a chemical test to have been operating a motor 
                vehicle while under the influence of alcohol or 
                is determined to have refused to submit to such 
                a test as proposed by a law enforcement 
                officer, the State agency responsible for 
                administering drivers' licenses, upon receipt 
                of the report of the law enforcement officer--
                          [(i) suspend the driver's license of 
                        such individual for a period of not 
                        less than 90 days if such individual is 
                        a first offender in such 5-year period; 
                        except that under such suspension an 
                        individual may operate a motor vehicle, 
                        after the 15-day period beginning on 
                        the date of the suspension, to and from 
                        employment, school, or an alcohol 
                        treatment program if an ignition 
                        interlock device is installed on each 
                        of the motor vehicles owned or 
                        operated, or both, by the individual; 
                        and
                          [(ii) suspend the driver's license of 
                        such individual for a period of not 
                        less than 1 year, or revoke such 
                        license, if such individual is a repeat 
                        offender in such 5- year period; except 
                        that such individual to operate a motor 
                        vehicle, after the 45-day period 
                        beginning on the date of the suspension 
                        or revocation, to and from employment, 
                        school, or an alcohol treatment program 
                        if an ignition interlock device is 
                        installed on each of the motor vehicles 
                        owned or operated, or both, by the 
                        individual; and
                  [(B) the suspension and revocation referred 
                to under clauses (i) and (ii) take effect not 
                later than 30 days after the date on which the 
                individual refused to submit to a chemical test 
                or received notice of having been determined to 
                be driving under the influence of alcohol, in 
                accordance with the procedures of the State.
          [(8) Self sustaining impaired driving prevention 
        program.--A program under which a significant portion 
        of the fines or surcharges collected from individuals 
        who are fined for operating a motor vehicle while under 
        the influence of alcohol are returned to communities 
        for comprehensive programs for the prevention of 
        impaired driving.
  [(d) Uses of Grants.--Subject to subsection (g)(2), grants 
made under this section may be used for all programs and 
activities described in subsection (c), and to defray the 
following costs:
          [(1) Labor costs, management costs, and equipment 
        procurement costs for the high visibility, Statewide 
        law enforcement campaigns under subsection (c)(1).
          [(2) The costs of the training of law enforcement 
        personnel and the procurement of technology and 
        equipment, including video equipment and passive 
        alcohol sensors, to counter directly impaired operation 
        of motor vehicles.
          [(3) The costs of public awareness, advertising, and 
        educational campaigns that publicize use of sobriety 
        check points or increased law enforcement efforts to 
        counter impaired operation of motor vehicles.
          [(4) The costs of public awareness, advertising, and 
        educational campaigns that target impaired operation of 
        motor vehicles by persons under 34 years of age.
          [(5) The costs of the development and implementation 
        of a State impaired operator information system.
          [(6) The costs of operating programs that result in 
        vehicle forfeiture or impoundment or license plate 
        impoundment.
  [(e) Additional Authorities for Certain Authorized Uses.--
          [(1) Combination of grant proceeds.--Grant funds used 
        for a campaign under subsection (d)(3) may be combined, 
        or expended in coordination, with proceeds of grants 
        under section 402.
          [(2) Coordination of uses.--Grant funds used for a 
        campaign under paragraph (3) or (4) of subsection (d) 
        may be expended--
                  [(A) in coordination with employers, schools, 
                entities in the hospitality industry, and 
                nonprofit traffic safety groups; and
                  [(B) in coordination with sporting events and 
                concerts and other entertainment events.
  [(f) Allocation.--Subject to subsection (g), funds made 
available to carry out this section shall be allocated among 
States that meet the eligibility criteria in subsection (b) on 
the basis of the apportionment formula under section 402(c).
  [(g) Grants to High Fatality Rate States.--
          [(1) In general.--The Secretary shall make a separate 
        grant under this section to each State that--
                  [(A) is among the 10 States with the highest 
                impaired driving related fatalities as 
                determined by the Secretary using the most 
                recent Fatality Analysis Reporting System of 
                the National Highway Traffic Safety 
                Administration; and
                  [(B) prepares a plan for grant expenditures 
                under this subsection that is approved by the 
                Administrator of the National Highway Traffic 
                Safety Administration.
          [(2) Required uses.--At least one-half of the amounts 
        allocated to States under this subsection may only be 
        used for the program described in subsection (c)(1).
          [(3) Allocation.--Funds made available under this 
        subsection shall be allocated among States described in 
        paragraph (1) on the basis of the apportionment formula 
        under section 402(c), except that no State shall be 
        allocated more than 30 percent of the funds made 
        available to carry out this subsection for a fiscal 
        year.
          [(4) Funding.--Not more than 15 percent per fiscal 
        year of amounts made available to carry out this 
        section for a fiscal year shall be made available by 
        the Secretary for making grants under this subsection.
  [(h) Applicability of Chapter 1.--The provisions contained in 
section 402(d) shall apply to this section.
  [(i) Definitions.--In this section, the following definitions 
apply:
          [(1) Alcoholic beverage.--The term ``alcoholic 
        beverage'' has the meaning given such term in section 
        158(c).
          [(2) Controlled substances.--The term ``controlled 
        substances'' has the meaning given such term in section 
        102(6) of the Controlled Substances Act (21 U.S.C. 
        802(6)).
          [(3) Motor vehicle.--The term ``motor vehicle'' has 
        the meaning given such term in section 405.
          [(4) Impaired operator.--The term ``impaired 
        operator'' means a person who, while operating a motor 
        vehicle--
                  [(A) has a blood alcohol content of 0.08 
                percent or higher; or
                  [(B) is under the influence of a controlled 
                substance.
          [(5) Impaired driving related fatality rate.--The 
        term ``impaired driving related fatality rate'' means 
        the rate of alcohol related fatalities, as calculated 
        in accordance with regulations which the Administrator 
        of the National Highway Traffic Safety Administration 
        shall prescribe.

[Sec. 411. State highway safety data improvements

  [(a) General Authority.--
          [(1) Authority to make grants.--Subject to the 
        requirements of this section, the Secretary shall make 
        grants to States that adopt and implement effective 
        programs--
                  [(A) to improve the timeliness, accuracy, 
                completeness, uniformity, and accessibility of 
                the data of the State that is needed to 
                identify priorities for national, State, and 
                local highway and traffic safety programs;
                  [(B) to evaluate the effectiveness of efforts 
                to make such improvements;
                  [(C) to link these State data systems, 
                including traffic records, with other data 
                systems within the State, such as systems that 
                contain medical and economic data; and
                  [(D) to improve the compatibility of the data 
                system of the State with national data systems 
                and data systems of other States and to enhance 
                the ability of the Secretary to observe and 
                analyze national trends in crash occurrences, 
                rates, outcomes, and circumstances.
        Such grants may be used by recipient States only to 
        implement such programs.
          [(2) Model data elements.--The Secretary, in 
        consultation with States and other appropriate parties, 
        shall determine the model data elements necessary to 
        observe and analyze national trends in crash 
        occurrences, rates, outcomes, and circumstances. In 
        order to become eligible for a grant under this 
        section, a State shall demonstrate how the multiyear 
        highway safety data and traffic records plan of the 
        State described in subsection (b)(1) will be 
        incorporated into data systems of the State.
          [(3) Maintenance of effort.--No grant may be made to 
        a State under this section in any fiscal year unless 
        the State enters into such agreements with the 
        Secretary as the Secretary may require to ensure that 
        the State will maintain its aggregate expenditures from 
        all other sources for highway safety data programs at 
        or above the average level of such expenditures in its 
        2 fiscal years preceding the date of enactment of the 
        Transportation Equity Act for the 21st Century.
          [(4) Maximum period of eligibility.--No State may 
        receive grants under this section in more than 6 fiscal 
        years beginning after September 30, 1997.
          [(5) Federal share.--The Federal share of the cost of 
        implementing and enforcing, as appropriate, in a fiscal 
        year a program adopted by a State pursuant to paragraph 
        (1) shall not exceed--
                  [(A) in the first and second fiscal years in 
                which the State receives a grant under this 
                section, 75 percent;
                  [(B) in the third and fourth fiscal years in 
                which the State receives a grant under this 
                section, 50 percent; and
                  [(C) in the fifth and sixth fiscal years in 
                which the State receives a grant under this 
                section, 25 percent.
  [(b) First-Year Grants.--
          [(1) Eligibility.--A State shall become eligible for 
        a first-year grant under this subsection in a fiscal 
        year if the State either--
                  [(A) demonstrates, to the satisfaction of the 
                Secretary, that the State has--
                          [(i) established a highway safety 
                        data and traffic records coordinating 
                        committee with a multidisciplinary 
                        membership, including the 
                        administrators, collectors, and users 
                        of such data (including the public 
                        health, injury control, and motor 
                        carrier communities);
                          [(ii) completed, within the preceding 
                        5 years, a highway safety data and 
                        traffic records assessment or an audit 
                        of the highway safety data and traffic 
                        records system of the State; and
                          [(iii) initiated the development of a 
                        multiyear highway safety data and 
                        traffic records strategic plan that--
                                  [(I) identifies and 
                                prioritizes the highway safety 
                                data and traffic records needs 
                                and goals of the State;
                                  [(II) identifies performance-
                                based measures by which 
                                progress toward those goals 
                                will be determined; and
                                  [(III) will be submitted to 
                                the highway safety data and 
                                traffic records coordinating 
                                committee of the State for 
                                approval; or
                  [(B) provides, to the satisfaction of the 
                Secretary--
                          [(i) a certification that the State 
                        has met the requirements of clauses (i) 
                        and (ii) of subparagraph (A);
                          [(ii) a multiyear highway safety data 
                        and traffic records strategic plan 
                        that--
                                  [(I) meets the requirements 
                                of subparagraph (A)(iii); and
                                  [(II) specifies how the 
                                incentive funds of the State 
                                for the fiscal year will be 
                                used to address needs and goals 
                                identified in the plan; and
                          [(iii) a certification that the 
                        highway safety data and traffic records 
                        coordinating committee of the State 
                        continues to operate and supports the 
                        multiyear plan described in clause 
                        (ii).
          [(2) Grant amounts.--The amount of a first-year grant 
        made to a State for a fiscal year under this subsection 
        shall equal--
                  [(A) if the State is eligible for the grant 
                under paragraph (1)(A), $125,000; and
                  [(B) if the State is eligible for the grant 
                under paragraph (1)(B), an amount determined by 
                multiplying--
                          [(i) the amount appropriated to carry 
                        out this section for such fiscal year; 
                        by
                          [(ii) the ratio that the funds 
                        apportioned to the State under section 
                        402 for fiscal year 1997 bears to the 
                        funds apportioned to all States under 
                        section 402 for fiscal year 1997;
                except that no State eligible for a grant under 
                paragraph (1)(B) shall receive less than 
                $250,000.
          [(3) States not meeting criteria.--The Secretary may 
        award a grant of up to $25,000 for 1 year to any State 
        that does not meet the criteria established in 
        paragraph (1). The grant may only be used to conduct 
        activities needed to enable the State to qualify for a 
        first-year grant in the next fiscal year.
  [(c) Succeeding Year Grants.--
          [(1) Eligibility.--A State shall be eligible for a 
        grant under this subsection in a fiscal year succeeding 
        the first fiscal year in which the State receives a 
        grant under subsection (b) if the State, to the 
        satisfaction of the Secretary--
                  [(A) submits or updates a multiyear highway 
                safety data and traffic records strategic plan 
                that meets the requirements of subsection 
                (b)(1);
                  [(B) certifies that the highway safety data 
                and traffic records coordinating committee of 
                the State continues to operate and supports the 
                multiyear plan; and
                  [(C) reports annually on the progress of the 
                State in implementing the multiyear plan.
          [(2) Grant amounts.--The amount of a succeeding year 
        grant made to the State for a fiscal year under this 
        paragraph shall equal the amount determined by 
        multiplying--
                  [(A) the amount appropriated to carry out 
                this section for such fiscal year; by
                  [(B) the ratio that the funds apportioned to 
                the State under section 402 for fiscal year 
                1997 bears to the funds apportioned to all 
                States under section 402 for fiscal year 1997;
        except that no State eligible for a grant under this 
        paragraph shall receive less than $225,000.
  [(d) Administrative Expenses.--Funds authorized to be 
appropriated to carry out this section in a fiscal year shall 
be subject to a deduction not to exceed 5 percent for the 
necessary costs of administering the provisions of this 
section.
  [(e) Applicability of Chapter 1.--The provisions contained in 
section 402(d) shall apply to this section.]

           *       *       *       *       *       *       *

             CHAPTER 5--RESEARCH, TECHNOLOGY, AND EDUCATION

Sec.
501. Definitions.
[502. Surface transportation research.
[503. Technology deployment program.]
502. Surface transportation research, development, and technology.
503. Research and development.
503a. Technology and innovation deployment program.
     * * * * * * *
[506. International highway transportation outreach program.
[507. Surface transportation environment and planning cooperative 
          research program.]
     * * * * * * *
[509. National cooperative freight transportation research program.
[510. Future strategic highway research program.]
     * * * * * * *
[512. National ITS Program Plan.
[513. Use of funds for ITS activities.]
512. National intelligent transportation systems program plan.
513. Use of funds for intelligent transportation systems activities.
514. Intelligent transportation systems program goals and purposes.
515. Intelligent transportation systems program general authority and 
          requirements.
516. Intelligent transportation systems research and development.
517. Intelligent transportation systems national architecture and 
          standards.

Sec. 501. Definitions

  In this chapter, the following definitions apply:
          (1) Connected vehicle technology.--The term 
        ``connected vehicle technology'' means the utilization 
        of wireless technology to enable multiple vehicles to 
        communicate information to each other.
          [(1)] (2) Federal laboratory.--The term ``Federal 
        laboratory'' includes a Government-owned, Government-
        operated laboratory and a Government-owned, contractor-
        operated laboratory.
          (3) 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.
          (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 term 
        ``intelligent transportation system'' means 
        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.--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.
          [(2)] (7) Safety.--The term ``safety'' includes 
        highway and traffic safety systems, research, and 
        development relating to vehicle, highway, driver, 
        passenger, bicyclist, and pedestrian characteristics, 
        accident investigations, communications, emergency 
        medical care, and transportation of the injured.

           *       *       *       *       *       *       *

Sec. 502. Surface transportation [research] research, development, and 
                    technology

  (a) Basic Principles Governing Research and Technology 
Investments.--
          (1) * * *
          (2) Federal responsibility.--Funding and conducting 
        surface transportation research and technology transfer 
        activities shall be considered a basic responsibility 
        of the Federal Government when the work--
                  (A) * * *
                  (B) addresses current or emerging needs;
                  [(B) supports research in which there is] (C) 
                delivers a clear public benefit and private 
                sector investment is less than optimal;
                  [(C)] (D) supports a Federal stewardship role 
                in assuring that State and local governments 
                use national resources efficiently; [or]
                  [(D)] (E) presents the best means to support 
                Federal policy goals compared to other policy 
                alternatives[.];
                  (F) presents the best means to align 
                resources with multiyear plans and priorities; 
                or
                  (G) ensures the coordination of highway 
                research and technology transfer activities, 
                including those performed by the university 
                transportation centers established under 
                subchapter I of chapter 55 of title 49.
          (3) Role.--Consistent with these Federal 
        responsibilities, the Secretary shall--
                  (A) * * *
                  (B) [support and] partner with State 
                transportation departments and other 
                stakeholders as appropriate to facilitate 
                research and technology transfer activities [by 
                State highway agencies];
                  (C) [share] communicate results of on-going 
                and completed research; [and]
                  (D) [support and facilitate technology] lead 
                efforts to coordinate areas of national 
                emphasis for highway research, technology, and 
                innovation deployment[.];
                  (E) leverage partnerships with industry, 
                academia, and other entities; and
                  (F) conduct, facilitate, and support training 
                and education of current and future 
                transportation professionals.
          (4) Program content.--A surface transportation 
        research program shall include--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) research related to [policy and planning] 
                all highway objectives seeking to improve the 
                performance of the transportation system.
          (5) Stakeholder input.--Federal surface 
        transportation research and development activities 
        shall address the needs of stakeholders. Stakeholders 
        include States, metropolitan planning organizations, 
        local governments, tribal governments, the private 
        sector, researchers, research sponsors, and other 
        affected parties, including public interest groups.

           *       *       *       *       *       *       *

          [(7) Performance review and evaluation.--To the 
        maximum extent practicable, all surface transportation 
        research and development projects shall include a 
        component of performance measurement and evaluation. 
        Performance measures shall be established during the 
        proposal stage of a research and development project 
        and shall, to the maximum extent possible, be outcome-
        based. All evaluations shall be made readily available 
        to the public.]
          (7) Performance review and evaluation.--
                  (A) In general.--To the maximum extent 
                practicable, all surface transportation 
                research and development projects shall include 
                a component of performance measurement and 
                evaluation.
                  (B) Performance measures.--Performance 
                measures shall be established during the 
                proposal stage of a research and development 
                project and shall, to the maximum extent 
                practicable, be outcome-based.
                  (C) Program plan.--To the maximum extent 
                practicable, each program pursued under this 
                chapter shall be part of a data-driven, 
                outcome-oriented program plan.
                  (D) Availability of evaluations.--All 
                evaluations under this paragraph shall be made 
                readily available to the public.
          (8) Technological innovation.--The programs and 
        activities carried out under this section shall be 
        consistent with the [surface] transportation research 
        and technology development strategic plan developed 
        under section 508.
  (b) General Authority.--
          (1) * * *

           *       *       *       *       *       *       *

          [(4) Technological innovation.--The programs and 
        activities carried out under this section shall be 
        consistent with the surface transportation research and 
        technology development strategic plan developed under 
        section 508.]
          (4) Technological innovation.--The Secretary shall 
        ensure that the programs and activities carried out 
        under this chapter are consistent with the 
        transportation research and development strategic plan 
        developed under section 508.
          (5) Funds.--
                  (A) Special account.--In addition to other 
                funds made available to carry out this 
                [section] chapter, the Secretary shall use such 
                funds as may be deposited by any cooperating 
                organization or person in a special account of 
                the Treasury established for this purpose.
                  (B) Use of funds.--The Secretary shall use 
                funds made available to carry out this 
                [section] chapter to develop, administer, 
                communicate, and promote the use of products of 
                research, development, and technology transfer 
                programs under this [section] chapter.
          (6) Pooled funding.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Transfer of funds among states or to 
                federal highway administration.--The Secretary, 
                at the request of a State, may transfer funds 
                apportioned or allocated under this chapter to 
                the State to another State, or to the Federal 
                Highway Administration, for the purpose of 
                funding research, development, and technology 
                transfer activities of mutual interest on a 
                pooled funds basis.
                  (D) Transfer of obligation authority.--
                Obligation authority for funds transferred 
                under this subsection shall be transferred in 
                the same manner and amount as the funds for 
                projects that are transferred under this 
                subsection.
          (7) Prize competitions.--
                  (A) In general.--Consistent with section 24 
                of the Stevenson-Wydler Technology Innovation 
                Act of 1980, the Secretary may carry out a 
                program to award prizes competitively to 
                stimulate innovation in the area of surface 
                transportation that has the potential to 
                advance the Federal Highway Administration's 
                research and technology objectives and 
                activities under section 503.
                  (B) Annual report.--
                          (i) In general.--Not later than March 
                        1 of each year, the Secretary shall 
                        submit to the Committees on 
                        Transportation and Infrastructure and 
                        Science, Space, and Technology of the 
                        House of Representatives and the 
                        Committees on Environment and Public 
                        Works and Commerce, Science, and 
                        Transportation of the Senate a report 
                        on the activities carried out during 
                        the preceding fiscal year under the 
                        authority in subparagraph (A) if such 
                        authority under subparagraph (A) was 
                        utilized by the Secretary.
                          (ii) Information included.--A report 
                        under this subparagraph shall include, 
                        for each prize competition under 
                        subparagraph (A), the following:
                                  (I) A description of the 
                                proposed goals of each prize 
                                competition.
                                  (II) An analysis of why the 
                                utilization of the authority in 
                                subparagraph (A) was the 
                                preferable method of achieving 
                                the goals described in 
                                subclause (I) as opposed to 
                                other authorities available to 
                                the agency, such as contracts, 
                                grants, and cooperative 
                                agreements.
                                  (III) The total amount of 
                                cash prizes awarded for each 
                                prize competition, including a 
                                description of the amount of 
                                private funds contributed to 
                                the program, the sources of 
                                such funds, and the manner in 
                                which the amounts of cash 
                                prizes awarded and claimed were 
                                allocated among the accounts of 
                                the agency for recording as 
                                obligations and expenditures.
                                  (IV) The methods used for the 
                                solicitation and evaluation of 
                                submissions under each prize 
                                competition, together with an 
                                assessment of the effectiveness 
                                of such methods and lessons 
                                learned for future prize 
                                competitions.
                                  (V) A description of the 
                                resources, including personnel 
                                and funding, used in the 
                                execution of each prize 
                                competition together with a 
                                detailed description of the 
                                activities for which such 
                                resources were used and an 
                                accounting of how funding for 
                                execution was allocated among 
                                the accounts of the agency for 
                                recording as obligations and 
                                expenditures.
                                  (VI) A description of how 
                                each prize competition advanced 
                                the mission of the Department 
                                of Transportation.
  (c) Collaborative Research and Development.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Federal share.--
                  (A) In general.--[The] Except as otherwise 
                provided in this chapter, the Federal share of 
                the cost of activities carried out under a 
                cooperative research and development agreement 
                entered into under this [subsection] chapter 
                shall not exceed [50] 80 percent, except that 
                if there is substantial public interest or 
                benefit, the Secretary may approve a greater 
                Federal share.

           *       *       *       *       *       *       *

          (4) Use of technology.--The research, development, or 
        use of a technology under a cooperative research and 
        development agreement entered into under this 
        [subsection] chapter, 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.).

           *       *       *       *       *       *       *

  [(d) Contents of Research Program.--The Secretary shall 
include in surface transportation research, technology 
development, and technology transfer programs carried out under 
this title coordinated activities in the following areas:
          [(1) Development, use, and dissemination of 
        indicators, including appropriate computer programs for 
        collecting and analyzing data on the status of 
        infrastructure facilities, to measure the performance 
        of the surface transportation systems of the United 
        States, including productivity, efficiency, energy use, 
        air quality, congestion, safety, maintenance, and other 
        factors that reflect system performance.
          [(2) Methods, materials, and testing to improve the 
        durability of surface transportation infrastructure 
        facilities and extend the life of bridge structures, 
        including--
                  [(A) new and innovative technologies to 
                reduce corrosion;
                  [(B) tests simulating seismic activity, 
                vibration, and weather; and
                  [(C) the use of innovative recycled 
                materials.
          [(3) Technologies and practices that reduce costs and 
        minimize disruptions associated with the construction, 
        rehabilitation, and maintenance of surface 
        transportation systems, including responses to natural 
        disasters.
          [(4) Development of nondestructive evaluation 
        equipment for use with existing infrastructure 
        facilities and with next-generation infrastructure 
        facilities that use advanced materials.
          [(5) Dynamic simulation models of surface 
        transportation systems for--
                  [(A) predicting capacity, safety, and 
                infrastructure durability problems;
                  [(B) evaluating planned research projects; 
                and
                  [(C) testing the strengths and weaknesses of 
                proposed revisions to surface transportation 
                system management and operations programs.
          [(6) Economic highway geometrics, structures, and 
        desirable weight and size standards for vehicles using 
        the public highways and the feasibility of uniformity 
        in State regulations with respect to such standards.
          [(7) Telecommuting and the linkages between 
        transportation, information technology, and community 
        development and the impact of technological change and 
        economic restructuring on travel demand.
          [(8) Expansion of knowledge of implementing life 
        cycle cost analysis, including--
                  [(A) establishing the appropriate analysis 
                period and discount rates;
                  [(B) learning how to value and properly 
                consider use costs;
                  [(C) determining tradeoffs between 
                reconstruction and rehabilitation; and
                  [(D) establishing methodologies for balancing 
                higher initial costs of new technologies and 
                improved or advanced materials against lower 
                maintenance costs.
          [(9) Standardized estimates, to be developed in 
        conjunction with the National Institute of Standards 
        and Technology and other appropriate organizations, of 
        useful life under various conditions for advanced 
        materials of use in surface transportation.
          [(10) Evaluation of traffic calming measures that 
        promote community preservation, transportation mode 
        choice, and safety.
          [(11) Development and implementation of safety-
        enhancing equipment, including unobtrusive eyetracking 
        technology.
          [(12) Investigation and development of various 
        operational methodologies to reduce the occurrence and 
        impact of recurrent congestion and nonrecurrent 
        congestion and increase transportation system 
        reliability.
          [(13) Investigation of processes, procedures, and 
        technologies to secure container and hazardous material 
        transport, including the evaluation of regulations and 
        the impact of good security practices on commerce and 
        productivity.
          [(14) Research, development, and technology transfer 
        related to asset management.
  [(e) Exploratory Advanced Research.--
          [(1) In general.--The Secretary shall establish an 
        exploratory advanced research program, consistent with 
        the surface transportation research and technology 
        development strategic plan developed under section 508 
        that addresses longer-term, higher-risk research with 
        potentially dramatic breakthroughs for improving the 
        durability, efficiency, environmental impact, 
        productivity, and safety (including bicycle and 
        pedestrian safety) aspects of highway and intermodal 
        transportation systems. In carrying out the program, 
        the Secretary shall strive to develop partnerships with 
        public and private sector entities.
          [(2) Research areas.--In carrying out the program, 
        the Secretary may make grants and enter into 
        cooperative agreements and contracts in such areas of 
        surface transportation research and technology as the 
        Secretary determines appropriate, including the 
        following:
                  [(A) Characterization of materials used in 
                highway infrastructure, including analytical 
                techniques, microstructure modeling, and the 
                deterioration processes.
                  [(B) Assessment of the effects of 
                transportation decisions on human health.
                  [(C) Development of surrogate measures of 
                safety.
                  [(D) Environmental research.
                  [(E) Data acquisition techniques for system 
                condition and performance monitoring.
                  [(F) System performance data and information 
                processing needed to assess the day-to-day 
                operational performance of the system in 
                support of hour-to-hour operational 
                decisionmaking.
  [(f) Long-Term Pavement Performance Program.--
          [(1) Authority.--The Secretary shall continue to 
        carry out, through September 30, 2009, tests, 
        monitoring, and data analysis under the long-term 
        pavement performance program.
          [(2) Grants, cooperative agreements, and contracts.--
        Under the program, the Secretary shall make grants and 
        enter into cooperative agreements and contracts to--
                  [(A) monitor, material-test, and evaluate 
                highway test sections in existence as of the 
                date of the grant, agreement, or contract;
                  [(B) analyze the data obtained under 
                subparagraph (A); and
                  [(C) prepare products to fulfill program 
                objectives and meet future pavement technology 
                needs.
  [(g) Seismic Research.--The Secretary shall--
          [(1) in consultation and cooperation with Federal 
        agencies participating in the National Earthquake 
        Hazards Reduction Program established by section 5 of 
        the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
        7704), coordinate the conduct of seismic research;
          [(2) take such actions as are necessary to ensure 
        that the coordination of the research is consistent 
        with--
                  [(A) planning and coordination activities of 
                the National Institute of Standards and 
                Technology under section 5(b)(1) of that Act 
                (42 U.S.C. 7704(b)(1)); and
                  [(B) the plan developed by the Director of 
                the National Institute of Standards and 
                Technology under section 8(b) of that Act (42 
                U.S.C. 7705b(b)); and
          [(3) in cooperation with the Center for Civil 
        Engineering Research at the University of Nevada, Reno, 
        and the National Center for Earthquake Engineering 
        Research at the University of Buffalo, carry out a 
        seismic research program--
                  [(A) to study the vulnerability of the 
                Federal-aid system and other surface 
                transportation systems to seismic activity;
                  [(B) to develop and implement cost-effective 
                methods to reduce the vulnerability; and
                  [(C) to conduct seismic research and upgrade 
                earthquake simulation facilities as necessary 
                to carry out the program.
  [(h) Infrastructure Investment Needs Report.--
          [(1) In general.--Not later than July 31, 2006, and 
        July 31 of every second year thereafter, the Secretary 
        shall submit to the Committee on Environment and Public 
        Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives a 
        report that describes--
                  [(A) estimates of the future highway, 
                transit, and bridge needs of the United States; 
                and
                  [(B) the backlog of current highway, transit, 
                and bridge needs.
          [(2) Comparison with prior reports.--Each report 
        under paragraph (1) shall provide the means, including 
        all necessary information, to relate and compare the 
        conditions and service measures used in the previous 
        biennial reports.
  [(i) Turner-Fairbank Highway Research Center.--
          [(1) In general.--The Secretary shall operate in the 
        Federal Highway Administration a Turner-Fairbank 
        Highway Research Center.
          [(2) Uses of the Center.--The Turner-Fairbank Highway 
        Research Center shall support--
                  [(A) the conduct of highway research and 
                development related to new highway technology;
                  [(B) the development of understandings, 
                tools, and techniques that provide solutions to 
                complex technical problems through the 
                development of economical and environmentally 
                sensitive designs, efficient and quality-
                controlled construction practices, and durable 
                materials; and
                  [(C) the development of innovative highway 
                products and practices.
  [(j) Long-Term Bridge Performance Program.--
          [(1) Authority.--The Secretary shall establish a 20-
        year long-term bridge performance program.
          [(2) Grants, cooperative agreements, and contracts.--
        Under the program, the Secretary shall make grants and 
        enter into cooperative agreements and contracts to--
                  [(A) monitor, material-test, and evaluate 
                test bridges;
                  [(B) analyze the data obtained under 
                subparagraph (A); and
                  [(C) prepare products to fulfill program 
                objectives and meet future bridge technology 
                needs.

[Sec. 503. Technology deployment

  [(a) Technology Deployment Program.--
          [(1) Establishment.--The Secretary shall develop and 
        administer a national technology deployment program.
          [(2) Purpose.--The purpose of the program shall be to 
        significantly accelerate the adoption of innovative 
        technologies by the surface transportation community.
          [(3) Deployment goals.--
                  [(A) Establishment.--Not later than 180 days 
                after the date of enactment of this section, 
                the Secretary shall establish not more than 5 
                deployment goals to carry out paragraph (1).
                  [(B) Design.--Each of the goals and the 
                program developed to achieve the goals shall be 
                designed to provide tangible benefits, with 
                respect to transportation systems, in the areas 
                of efficiency, safety, reliability, service 
                life, environmental protection, and 
                sustainability.
                  [(C) Strategies for achievement.--For each 
                goal, the Secretary, in cooperation with 
                representatives of the transportation community 
                such as States, local governments, the private 
                sector, and academia, shall use domestic and 
                international technology to develop strategies 
                and initiatives to achieve the goal, including 
                technical assistance in deploying technology 
                and mechanisms for sharing information among 
                program participants.
          [(4) Integration with other programs.--The Secretary 
        shall integrate activities carried out under this 
        subsection with the efforts of the Secretary to 
        disseminate the results of research sponsored by the 
        Secretary and to facilitate technology transfer.
          [(5) Leveraging of federal resources.--In selecting 
        projects to be carried out under this subsection, the 
        Secretary shall give preference to projects that 
        leverage Federal funds with other significant public or 
        private resources.
          [(6) Continuation of SHRP partnerships.--Under the 
        program, the Secretary shall continue the partnerships 
        established through the strategic highway research 
        program established under section 307(d) (as in effect 
        on the day before the date of enactment of this 
        section).
          [(7) Grants, cooperative agreements, and contracts.--
                  [(A) In general.--Under the program, the 
                Secretary may make grants to, and enter into 
                cooperative agreements and contracts with, 
                States, other Federal agencies, universities 
                and colleges, private sector entities, and 
                nonprofit organizations to pay the Federal 
                share of the cost of research, development, and 
                technology transfer activities concerning 
                innovative materials.
                  [(B) Applications.--To receive a grant under 
                this subsection, an entity described in 
                subparagraph (A) shall submit an application to 
                the Secretary. The application shall be in such 
                form and contain such information as the 
                Secretary may require. The Secretary shall 
                select and approve an application based on 
                whether the project that is the subject of the 
                grant meets the purpose of the program 
                described in paragraph (2).
          [(8) Technology and information transfer.--The 
        Secretary shall ensure that the information and 
        technology resulting from research conducted under 
        paragraph (7) is made available to State and local 
        transportation departments and other interested parties 
        as specified by the Secretary.
          [(9) Allocation.--To the extent appropriate to 
        achieve the goals established under paragraph (3), the 
        Secretary may further allocate funds made available to 
        carry out this section to States for their use.
  [(b) Innovative Bridge Research and Construction Program.--
          [(1) In general.--The Secretary shall establish and 
        carry out a program to promote, demonstrate, evaluate, 
        and document the application of innovative designs, 
        materials, and construction methods in the 
        construction, repair, and rehabilitation of bridges and 
        other highway structures.
          [(2) Goals.--The goals of the program shall include--
                  [(A) the development of new, cost-effective, 
                innovative highway bridge applications;
                  [(B) the development of construction 
                techniques to increase safety and reduce 
                construction time and traffic congestion;
                  [(C) the development of engineering design 
                criteria for innovative products, materials, 
                and structural systems for use in highway 
                bridges and structures;
                  [(D) the reduction of maintenance costs and 
                life-cycle costs of bridges, including the 
                costs of new construction, replacement, or 
                rehabilitation of deficient bridges;
                  [(E) the development of highway bridges and 
                structures that will withstand natural 
                disasters;
                  [(F) the documentation and wide dissemination 
                of objective evaluations of the performance and 
                benefits of these innovative designs, 
                materials, and construction methods;
                  [(G) the effective transfer of resulting 
                information and technology; and
                  [(H) the development of improved methods to 
                detect bridge scour and economical bridge 
                foundation designs that will withstand bridge 
                scour.
          [(3) Grants, cooperative agreements, and contracts.--
                  [(A) In general.--Under the program, the 
                Secretary shall make grants to, and enter into 
                cooperative agreements and contracts with--
                          [(i) States, other Federal agencies, 
                        universities and colleges, private 
                        sector entities, and nonprofit 
                        organizations to pay the Federal share 
                        of the cost of research, development, 
                        and technology transfer concerning 
                        innovative materials; and
                          [(ii) States to pay the Federal share 
                        of the cost of repair, rehabilitation, 
                        replacement, and new construction of 
                        bridges or structures that demonstrate 
                        the application of innovative 
                        materials.
                  [(B) Applications.--To receive a grant under 
                this subsection, an entity described in 
                subparagraph (A) shall submit an application to 
                the Secretary. The application shall be in such 
                form and contain such information as the 
                Secretary may require. The Secretary shall 
                select and approve the applications based on 
                whether the project that is the subject of the 
                grant meets the goals of the program described 
                in paragraph (2).
          [(4) Technology and information transfer.--The 
        Secretary shall take such action as is necessary to 
        ensure that the information and technology resulting 
        from research conducted under paragraph (3) is made 
        available to State and local transportation departments 
        and other interested parties as specified by the 
        Secretary.
          [(5) Federal share.--The Federal share of the cost of 
        a project under this section shall be determined by the 
        Secretary.
  [(c) Innovative Pavement Research and Deployment Program.--
          [(1) In general.--The Secretary shall establish and 
        implement a program to promote, demonstrate, support, 
        and document the application of innovative pavement 
        technologies, practices, performance, and benefits.
          [(2) Goals.--The goals of the innovative pavement 
        research and deployment program shall include--
                  [(A) the deployment of new, cost-effective, 
                innovative designs, materials, recycled 
                materials (including taconite tailings and 
                foundry sand), and practices to extend pavement 
                life and performance and to improve customer 
                satisfaction;
                  [(B) the reduction of initial costs and life-
                cycle costs of pavements, including the costs 
                of new construction, replacement, maintenance, 
                and rehabilitation;
                  [(C) the deployment of accelerated 
                construction techniques to increase safety and 
                reduce construction time and traffic disruption 
                and congestion;
                  [(D) the deployment of engineering design 
                criteria and specifications for innovative 
                practices, products, and materials for use in 
                highway pavements;
                  [(E) the deployment of new nondestructive and 
                real-time pavement evaluation technologies and 
                techniques;
                  [(F) the evaluation, refinement, and 
                documentation of the performance and benefits 
                of innovative technologies deployed to improve 
                life, performance, cost effectiveness, safety, 
                and customer satisfaction;
                  [(G) effective technology transfer and 
                information dissemination to accelerate 
                implementation of innovative technologies and 
                to improve life, performance, cost 
                effectiveness, safety, and customer 
                satisfaction; and
                  [(H) the development of designs and materials 
                to reduce storm water runoff.
          [(3) Research to improve NHS pavement.--The Secretary 
        shall obligate for each of fiscal years 2006 through 
        2009 from funds made available to carry out this 
        subsection, $4,100,000 to conduct research to improve 
        asphalt pavement, $4,100,000 to conduct research to 
        improve concrete pavement, $4,100,000 to conduct 
        research to improve alternative materials used in 
        highways (including alternative materials used in 
        highway drainage applications), and $2,450,000 to 
        conduct research to improve aggregates used in highways 
        on the National Highway System.
  [(d) Safety Innovation Deployment Program.--
          [(1) In general.--The Secretary shall establish and 
        implement a program to demonstrate the application of 
        innovative technologies in highway safety.
          [(2) Goals.--The goals of the program shall include--
                  [(A) the deployment and evaluation of safety 
                technologies and innovations at State and local 
                levels; and
                  [(B) the deployment of best practices in 
                training, management, design, and planning.
          [(3) Grants, cooperative agreements, and contracts.--
                  [(A) In general.--Under the program, the 
                Secretary shall make grants to, and enter into 
                cooperative agreements and contracts with, 
                States, other Federal agencies, universities 
                and colleges, private sector entities, and 
                nonprofit organizations for research, 
                development, and technology transfer for 
                innovative safety technologies.
                  [(B) Applications.--To receive a grant under 
                this subsection, an entity described in 
                subparagraph (A) shall submit to the Secretary 
                an application at such time and containing such 
                information as the Secretary may require. The 
                Secretary shall select and approve an 
                application based on whether the project that 
                is the subject of the application meets the 
                goals of the program described in paragraph 
                (2).
          [(4) Technology and information transfer.--The 
        Secretary shall take such action as is necessary to 
        ensure that the information and technology resulting 
        from research conducted under paragraph (3) is made 
        available to State and local transportation departments 
        and other interested parties as specified by the 
        Secretary.
  [(e) Promotional Authority.--Funds authorized to be 
appropriated for necessary expenses for administration and 
operation of the Federal Highway Administration shall be 
available to purchase promotional items of nominal value for 
use in the recruitment of individuals and to promote the 
programs of the Federal Highway Administration.]

Sec. 503. Research and development

  (a) In General.--The Secretary shall establish a research and 
development program in accordance with this section and the 
strategic plan developed under section 508.
  (b) Responsibilities.--To address current and emerging 
highway transportation needs, the Secretary, in carrying out 
the program under this section, shall--
          (1) identify research topics;
          (2) conduct research, testing, and evaluation 
        activities;
          (3) facilitate technology transfer;
          (4) provide technical assistance; and
          (5) ensure program activities are coordinated with 
        the transportation research and development strategic 
        plan developed under section 508.
  (c) Improving Highway Safety.--
          (1) Objectives.--In carrying out the program under 
        this section, the Secretary shall create systematic 
        measures to improve highway safety for all road users, 
        vehicles, and public roads to--
                  (A) achieve greater long-term safety gains;
                  (B) reduce the number of fatalities and 
                serious injuries;
                  (C) fill knowledge gaps that currently limit 
                the effectiveness of research;
                  (D) support the development and 
                implementation of State strategic highway 
                safety plans under section 148;
                  (E) advance improvements in and use of 
                performance prediction analysis for 
                decisionmaking;
                  (F) expand technology transfer to partners 
                and stakeholders;
                  (G) achieve safety benefits through connected 
                vehicle technology; and
                  (H) enhance rural highway safety.
          (2) Activities.--Research and development activities 
        carried out under this subsection may include 
        activities relating to--
                  (A) safety assessments and decisionmaking 
                tools;
                  (B) data collection and analysis;
                  (C) crash reduction projections;
                  (D) low-cost safety countermeasures;
                  (E) innovative operational improvements and 
                designs of roadway and roadside features;
                  (F) evaluation of countermeasure costs and 
                benefits;
                  (G) development of tools for projecting 
                impacts of safety countermeasures;
                  (H) rural road safety;
                  (I) safety policy studies;
                  (J) human factors studies and methods;
                  (K) safety technology deployment;
                  (L) safety program and process improvements; 
                and
                  (M) tools and methods to enhance safety 
                performance, including achievement of statewide 
                safety performance targets.
  (d) Improving Highway Infrastructure Integrity.--
          (1) Objectives.--In carrying out the program under 
        this section, the Secretary shall improve the ability 
        to maintain highway infrastructure integrity, meet user 
        needs, and improve system performance through targeted 
        Federal transportation investments to--
                  (A) reduce the number of fatalities 
                attributable to highway infrastructure design 
                characteristics and work zones;
                  (B) improve the safety of highway 
                infrastructure;
                  (C) increase the reliability of life-cycle 
                performance predictions used in highway 
                infrastructure design, construction, and 
                management;
                  (D) improve the ability of transportation 
                agencies to deliver projects that meet 
                expectations for timeliness, quality, and cost;
                  (E) reduce user delay attributable to highway 
                infrastructure system performance, maintenance, 
                rehabilitation, and construction;
                  (F) improve highway condition and performance 
                through increased use of innovative pavements 
                during highway design, construction, and 
                maintenance;
                  (G) improve highway condition and performance 
                through increased use of innovative designs, 
                materials, and construction methods in the 
                construction, repair, and rehabilitation of 
                bridges;
                  (H) reduce the life-cycle environmental 
                impacts of highway infrastructure, including 
                design, construction, operation, preservation, 
                and maintenance; and
                  (I) improve the resiliency of roadways to 
                commercial heavy freight traffic.
          (2) Activities.--Research and technology activities 
        carried out under this subsection may include 
        activities relating to--
                  (A) long-term infrastructure performance 
                programs addressing pavements, bridges, 
                tunnels, and other structures;
                  (B) short-term and accelerated studies of 
                highway infrastructure performance;
                  (C) the development of more durable highway 
                and bridge infrastructure materials and 
                systems, including the use of carbon fiber 
                composite materials in bridge replacement and 
                rehabilitation;
                  (D) advanced highway and bridge 
                infrastructure design methods;
                  (E) accelerated highway construction;
                  (F) performance-based specifications;
                  (G) construction and materials quality 
                assurance;
                  (H) comprehensive and integrated highway 
                infrastructure asset management;
                  (I) technology transfer and adoption of 
                permeable, pervious, or porous paving 
                materials, practices, and systems that are 
                designed to minimize environmental impacts, 
                stormwater runoff, and flooding and to treat or 
                remove pollutants by allowing stormwater to 
                infiltrate through the pavement in a manner 
                similar to predevelopment hydrologic 
                conditions;
                  (J) sustainable highway infrastructure design 
                and construction;
                  (K) highway and bridge infrastructure 
                rehabilitation and preservation techniques, 
                including those techniques to address historic 
                infrastructure;
                  (L) hydraulic, geotechnical, and aerodynamic 
                aspects of highway infrastructure;
                  (M) improved highway construction 
                technologies and practices;
                  (N) improved tools, technologies, and models 
                for highway and bridge infrastructure 
                management, including assessment and monitoring 
                of infrastructure condition;
                  (O) improving flexibility and resiliency of 
                highway and bridge infrastructure systems to 
                withstand climate variability; and
                  (P) highway infrastructure resilience and 
                other adaptation measures.
  (e) Reducing Congestion, Improving Highway Operations, and 
Enhancing Freight Productivity.--
          (1) Objectives.--In carrying out the program under 
        this section, the Secretary shall examine approaches to 
        reduce traffic congestion (including freight-related 
        congestion throughout the transportation network), 
        reduce the costs of such congestion, and improve 
        freight movement.
          (2) Activities.--Research and technology activities 
        carried out under this subsection may include 
        examination of--
                  (A) active traffic and demand management;
                  (B) accelerating deployment of intelligent 
                transportation systems;
                  (C) arterial management and traffic signal 
                operation;
                  (D) congestion pricing;
                  (E) corridor management;
                  (F) emergency operations;
                  (G) freeway management;
                  (H) impacts of vehicle size and weight;
                  (I) freight operations and technology;
                  (J) operations and freight performance 
                measurement and management;
                  (K) organizing and planning for operations;
                  (L) planned special events management;
                  (M) real-time transportation information, 
                including real-time ridesharing;
                  (N) road weather management;
                  (O) traffic and freight data and analysis 
                tools;
                  (P) traffic control devices;
                  (Q) traffic incident management;
                  (R) workzone management;
                  (S) mechanisms that communicate travel, 
                roadway, and emergency information to all road 
                users (as defined in section 148); and
                  (T) enhanced mode choice and intermodal 
                connectivity.
  (f) Assessing Policy and System Financing Alternatives.--
          (1) Objectives.--In carrying out the program under 
        this section, the Secretary shall conduct policy 
        analysis on emerging issues in the transportation 
        community to provide information to policymakers and 
        decisionmakers.
          (2) Activities.--Research and technology activities 
        carried out under this subsection may include 
        activities relating to--
                  (A) highway needs and investment analysis;
                  (B) analysis of legislative development and 
                implementation;
                  (C) highway policy analysis;
                  (D) the effect of highway congestion on the 
                economy;
                  (E) research in emerging policy areas;
                  (F) advancing innovations in revenue 
                generation, financing, and procurement for 
                project delivery;
                  (G) improving project financial and cost 
                analysis;
                  (H) highway performance measurement;
                  (I) travel demand performance measurement; 
                and
                  (J) highway finance performance measurement.
          (3) Infrastructure investment needs report.--
                  (A) In general.--Not later than July 31, 
                2012, and July 31 of every second year 
                thereafter, the Secretary shall transmit 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 that describes estimates of 
                the future highway and bridge needs of the 
                United States and the backlog of highway and 
                bridge needs at the time of the report.
                  (B) Comparison.--Each report under 
                subparagraph (A) shall provide the means, 
                including all necessary information, to relate 
                and compare the conditions and service measures 
                used in the previous biennial reports.
  (g) Exploratory Advanced Research.--In carrying out the 
program under this section, the Secretary shall conduct long-
term, higher-risk research, consistent with the transportation 
research and development plan under section 508, with the 
potential for dramatic breakthroughs in the field of highway 
transportation.
  (h) Grants, Cooperative Agreements, and Contracts.--
          (1) In general.--In carrying out the program under 
        this section, the Secretary may make grants to, and 
        enter into cooperative agreements and contracts with, 
        States, other Federal agencies, institutions of higher 
        education, private sector entities, and nonprofit 
        organizations to pay the Federal share of the cost of 
        research, development, and technology transfer 
        activities.
          (2) Applications.--To receive a grant under this 
        subsection, an entity described in paragraph (1) shall 
        submit an application to the Secretary. The application 
        shall be in such form and contain such information and 
        assurances as the Secretary may require.
          (3) Technology and information transfer.--The 
        Secretary shall ensure that the information and 
        technology resulting from research conducted under this 
        subsection is made available to State and local 
        transportation departments and other interested parties 
        as specified by the Secretary.
  (i) Turner-Fairbank Highway Research Center.--
          (1) In general.--The Secretary shall operate in the 
        Federal Highway Administration a Turner-Fairbank 
        Highway Research Center.
          (2) Uses of the center.--The Center shall support--
                  (A) the conduct of highway research and 
                development related to new highway technology, 
                including connected vehicle technology;
                  (B) the development of understandings, tools, 
                and techniques that provide solutions to 
                complex technical problems through the 
                development of economical and environmentally 
                sensitive designs, efficient and quality-
                controlled construction practices, and durable 
                materials;
                  (C) the development of innovative highway 
                products and practices; and
                  (D) long-term high-risk research to improve 
                the materials used in highway infrastructure.
  (j) Centers for Surface Transportation Excellence.--
          (1) Establishment.--The Secretary may establish not 
        more than 4 centers for surface transportation 
        excellence.
          (2) Goals.--The goals of the centers for surface 
        transportation excellence are to promote and support 
        strategic national surface transportation programs and 
        activities relating to the work of State departments of 
        transportation.
          (3) Role of the centers.--To achieve the goals set 
        forth in paragraph (2), the Secretary shall establish 
        centers that provide technical assistance, information 
        sharing of best practices, and training in the use of 
        tools and decisionmaking processes that can assist 
        States in effectively implementing surface 
        transportation programs, projects, and policies.
          (4) Program administration.--
                  (A) Competition.--A party entering into a 
                contract, cooperative agreement, or other 
                transaction with the Secretary under this 
                subsection, or receiving a grant to perform 
                research or provide technical assistance under 
                this subsection, shall be selected on a 
                competitive basis.
                  (B) Strategic plan.--The Secretary shall 
                require each center to develop a multiyear 
                strategic plan, and submit the plan to the 
                Secretary at such time as the Secretary 
                requires, that describes--
                          (i) the activities to be undertaken 
                        by the center; and
                          (ii) how the work of the center will 
                        be coordinated with the activities of 
                        the Federal Highway Administration and 
                        the various other research, 
                        development, and technology transfer 
                        activities authorized by this chapter.
          (5) Funding.--Of the amounts made available by 
        section 7001(a)(1) of the American Energy and 
        Infrastructure Jobs Act of 2012, not more than 
        $3,000,000 for each of fiscal years 2013 through 2016 
        shall be available to carry out this subsection.

Sec. 503a. Technology and innovation deployment program

  (a) In General.--The Secretary, in accordance with the 
strategic plan developed under section 508, shall carry out a 
technology and innovation deployment program on all aspects of 
highway transportation by promoting and facilitating the 
products, technologies, tools, methods, or other findings 
resulting from highway research conducted under this chapter.
  (b) Objectives.--The Secretary shall seek to advance the 
following objectives:
          (1) Significantly accelerate the adoption of 
        innovative technologies by the surface transportation 
        community.
          (2) Significantly accelerate the adoption of advanced 
        modeling technologies, as described in section 106, by 
        the surface transportation community.
          (3) Provide leadership and incentives to demonstrate 
        and promote state-of-the-art technologies, elevated 
        performance standards, and new business practices in 
        highway construction processes that result in improved 
        safety, faster construction, reduced congestion from 
        construction, and improved quality and user 
        satisfaction.
          (4) Advance longer-lasting highways using innovative 
        technologies and practices to accomplish more rapid 
        construction of efficient and safe highways and 
        bridges.
          (5) Improve highway efficiency, safety, mobility, 
        reliability, service life, and environmental 
        protection.
          (6) Develop and deploy new tools, techniques, and 
        practices to accelerate the adoption of innovation in 
        all aspects of highway transportation.
          (7) Enhance deployment and operations of intelligent 
        transportation systems.
  (c) Activities.--The program may include--
          (1) activities conducted under section 503;
          (2) other technologies and innovations requiring 
        additional development and testing not performed under 
        section 503 but necessary to bring about successful 
        deployment and delivery; and
          (3) developing and improving innovative technologies 
        and practices and exploring new technologies to 
        accelerate innovation adoption.
  (d) Grants, Cooperative Agreements, and Contracts.--
          (1) In general.--Under the program, the Secretary may 
        make grants to, and enter into cooperative agreements 
        and contracts with, States, other Federal agencies, 
        institutions of higher education, private sector 
        entities, Federal laboratories, and nonprofit 
        organizations to pay the Federal share of the cost of 
        research, development, and deployment activities.
          (2) Applications.--To receive a grant under this 
        subsection, an entity described in paragraph (1) shall 
        submit an application to the Secretary. The application 
        shall be in such form and contain such information and 
        assurances as the Secretary may require.
          (3) Technology and information transfer.--The 
        Secretary shall ensure that the information and 
        technology resulting from research conducted under this 
        subsection is made available to State and local 
        transportation departments and other interested parties 
        as specified by the Secretary.
  (e) Deployment of Future Strategic Highway Research Program 
Results and Products.--
          (1) In general.--The Secretary, in consultation with 
        the American Association of State Highway and 
        Transportation Officials and the National Academy of 
        Sciences, shall promote research results and products 
        developed under the Strategic Highway Research Program 
        2 administered by the Transportation Research Board of 
        the National Academy of Sciences.
          (2) Strategy of promotion.--The Secretary, to the 
        extent practicable, shall base the deployment of 
        research results and products described in paragraph 
        (1) on the recommendations included in the 
        Transportation Research Board Special Report 296 
        entitled ``Implementing the Results of the Second 
        Strategic Highway Research Program: Saving Lives, 
        Reducing Congestion, Improving Quality of Life''.

Sec. 504. Training and education

  (a) National Highway Institute.--
          (1) * * *
          (2) Duties of the institute.--In cooperation with 
        State transportation departments, United States 
        industry, and any national or international entity, the 
        Institute shall develop and administer education and 
        training programs of instruction for--
                  [(A) Federal Highway Administration, State, 
                and local transportation agency employees;]
                  (A) Federal Highway Administration employees, 
                State and local transportation agency 
                employees, and Federal agency partners;

           *       *       *       *       *       *       *

  (b) Local Technical Assistance Program.--
          (1) * * *

           *       *       *       *       *       *       *

          [(3) Federal share.--The Federal share of the cost of 
        activities carried out by the tribal technical 
        assistance centers under paragraph (2)(D)(ii) shall be 
        100 percent.]
          (3) Federal share.--
                  (A) Local technical assistance centers.--
                Subject to clause (ii), the Federal share of 
                the cost of any activity carried out by a local 
                technical assistance center under paragraphs 
                (1) and (2) shall be 50 percent, except that 
                the remaining share may include funds provided 
                to a recipient under subsection (e) or section 
                505.
                  (B) Tribal technical assistance centers.--The 
                Federal share of the cost of activities carried 
                out by the tribal technical assistance centers 
                under paragraph (2)(D)(ii) shall be 100 
                percent.
  (c) Research Fellowships.--
          (1) * * *
          (2) Dwight David Eisenhower transportation fellowship 
        program.--The Secretary shall establish and implement a 
        transportation research fellowship program for the 
        purpose of attracting qualified students to the field 
        of transportation. The program shall be known as the 
        ``Dwight David Eisenhower Transportation Fellowship 
        Program''. Funds provided to institutions of higher 
        education to carry out this paragraph shall be used in 
        direct support of student expenses associated with 
        their transportation studies.
  [(d) Garrett A. Morgan Technology and Transportation 
Education Program.--
          [(1) In general.--The Secretary shall establish the 
        Garrett A. Morgan Technology and Transportation 
        Education Program to improve the preparation of 
        students, particularly women and minorities, in 
        science, technology, engineering, and mathematics 
        through curriculum development and other activities 
        related to transportation.
          [(2) Authorized activities.--The Secretary shall 
        award grants under this subsection on the basis of 
        competitive peer review. Grants awarded under this 
        subsection may be used for enhancing science, 
        technology, engineering, and mathematics at the 
        elementary and secondary school level through such 
        means as--
                  [(A) internships that offer students 
                experience in the transportation field;
                  [(B) programs that allow students to spend 
                time observing scientists and engineers in the 
                transportation field; and
                  [(C) developing relevant curriculum that uses 
                examples and problems related to 
                transportation.
          [(3) Application and review procedures.--
                  [(A) In general.--An entity described in 
                subparagraph (C) seeking funding under this 
                subsection shall submit an application to the 
                Secretary at such time, in such manner, and 
                containing such information as the Secretary 
                may require. Such application, at a minimum, 
                shall include a description of how the funds 
                will be used to serve the purposes described in 
                paragraph (2).
                  [(B) Priority.--In making awards under this 
                subsection, the Secretary shall give priority 
                to applicants that will encourage the 
                participation of women and minorities.
                  [(C) Eligibility.--Local educational agencies 
                and State educational agencies, which may enter 
                into a partnership agreement with institutions 
                of higher education, businesses, or other 
                entities, shall be eligible to apply for grants 
                under this subsection.
          [(4) Definitions.--In this subsection, the following 
        definitions apply:
                  [(A) Institution of higher education.--The 
                term ``institution of higher education'' has 
                the meaning given that term in section 101 of 
                the Higher Education Act of 1965 (20 U.S.C. 
                1001).
                  [(B) Local educational agency.--The term 
                ``local educational agency'' has the meaning 
                given that term in section 9101 of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 7801).
                  [(C) State educational agency.--The term 
                ``State educational agency'' has the meaning 
                given that term in section 9101 of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 7801).]
  [(e)] (d) Surface Transportation Workforce Development, 
Training, and Education.--
          (1) Funding.--Subject to project approval by the 
        Secretary, a State may obligate funds apportioned to 
        the State under [sections 104(b)(1), 104(b)(2), 
        104(b)(3), 104(b)(4), and 144(e)] paragraphs (1), (2), 
        and (3) of section 104(b) for surface transportation 
        workforce development, training, and education, 
        including--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) university or community college support; 
                [and]
                  (E) education activities, including outreach, 
                to develop interest and promote participation 
                in surface transportation careers[.];
                  (F) activities delivered by the National 
                Highway Institute under subsection (a); and
                  (G) the local technical assistance program 
                under subsection (b).
          (2) Federal share.--The Federal share of the cost of 
        activities carried out in accordance with this 
        subsection shall be 100 percent, except for activities 
        carried out under paragraph (1)(G), for which the 
        Federal share shall be 50 percent as described in 
        subsection (b)(3)(A).

           *       *       *       *       *       *       *

  [(f)] (e) Transportation Education Development [Pilot] 
Program.--
          (1) * * *

           *       *       *       *       *       *       *

  [(g)] (f) Freight Capacity Building Program.--
          (1) * * *

           *       *       *       *       *       *       *

Sec. 505. State planning and research

  (a) General Rule.--Two percent of the sums apportioned to a 
State for fiscal year 1998 and each fiscal year thereafter 
under section 104 (other than sections 104(f) and [104(h)) and 
under section 144] 104(i)) shall be available for expenditure 
by the State, in consultation with the Secretary, only for the 
following purposes:
          (1) * * *

           *       *       *       *       *       *       *

          (5) Research, development, and technology transfer 
        activities necessary in connection with the planning, 
        design, construction, management, and maintenance of 
        highway, public transportation, intercity bus, and 
        intermodal transportation systems.

           *       *       *       *       *       *       *

  (b) Minimum Expenditures on Research, Development, and 
Technology Transfer Activities.--
          (1) In general.--Subject to paragraph (2), not less 
        than 25 percent of the funds subject to subsection (a) 
        that are apportioned to a State for a fiscal year shall 
        be expended by the State for research, development, and 
        technology transfer activities described in subsection 
        (a), relating to highway, public transportation, 
        intercity bus, and intermodal transportation systems.

           *       *       *       *       *       *       *

[Sec. 506. International highway transportation outreach program

  [(a) Establishment.--The Secretary may establish an 
international highway transportation outreach program--
          [(1) to inform the United States highway community of 
        technological innovations in foreign countries that 
        could significantly improve highway transportation in 
        the United States;
          [(2) to promote United States highway transportation 
        expertise, goods, and services in foreign countries; 
        and
          [(3) to increase transfers of United States highway 
        transportation technology to foreign countries.
  [(b) Activities.--Activities carried out under the program 
may include--
          [(1) the development, monitoring, assessment, and 
        dissemination in the United States of information about 
        highway transportation innovations in foreign countries 
        that could significantly improve highway transportation 
        in the United States;
          [(2) research, development, demonstration, training, 
        and other forms of technology transfer and exchange;
          [(3) the provision to foreign countries, through 
        participation in trade shows, seminars, expositions, 
        and other similar activities, of information relating 
        to the technical quality of United States highway 
        transportation goods and services;
          [(4) the offering of technical services of the 
        Federal Highway Administration that cannot be readily 
        obtained from private sector firms in the United States 
        for incorporation into the proposals of those firms 
        undertaking highway transportation projects outside the 
        United States, if the costs of the technical services 
        will be recovered under the terms of the project;
          [(5) the conduct of studies to assess the need for, 
        or feasibility of, highway transportation improvements 
        in foreign countries; and
          [(6) the gathering and dissemination of information 
        on foreign transportation markets and industries.
  [(c) Cooperation.--The Secretary may carry out this section 
in cooperation with any appropriate--
          [(1) Federal, State, or local agency;
          [(2) authority, association, institution, or 
        organization;
          [(3) for-profit or nonprofit corporation;
          [(4) national or international entity;
          [(5) foreign country; or
          [(6) person.
  [(d) Funds.--
          [(1) Contributions.--Funds available to carry out 
        this section shall include funds deposited by any 
        cooperating organization or person into a special 
        account of the Treasury established for this purpose.
          [(2) Eligible uses of funds.--The funds deposited 
        into the account, and other funds available to carry 
        out this section, shall be available to cover the cost 
        of any activity eligible under this section, including 
        the cost of--
                  [(A) promotional materials;
                  [(B) travel;
                  [(C) reception and representation expenses; 
                and
                  [(D) salaries and benefits.
          [(3) Reimbursements for salaries and benefits.--
        Reimbursements for salaries and benefits of Department 
        employees providing services under this section shall 
        be credited to the account.
  [(e) Report.--For each fiscal year, the Secretary shall 
submit to the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives a report that describes the 
destinations and individual trip costs of international travel 
conducted in carrying out activities described in this section.

[Sec. 507. Surface transportation-environment cooperative research 
                    program

  [(a) In General.--The Secretary shall establish and carry out 
a surface transportation-environmental cooperative research 
program.
  [(b) Contents.--The program carried out under this section 
may include research--
          [(1) to develop more accurate models for evaluating 
        transportation control measures and transportation 
        system designs that are appropriate for use by State 
        and local governments (including metropolitan planning 
        organizations) in designing implementation plans to 
        meet Federal, State, and local environmental 
        requirements;
          [(2) to improve understanding of the factors that 
        contribute to the demand for transportation;
          [(3) to develop indicators of economic, social, and 
        environmental performance of transportation systems to 
        facilitate analysis of potential alternatives;
          [(4) to meet additional priorities as determined by 
        the Secretary in the strategic planning process under 
        section 508; and
          [(5) to refine, through the conduct of workshops, 
        symposia, and panels, and in consultation with 
        stakeholders (including the Department of Energy, the 
        Environmental Protection Agency, and other appropriate 
        Federal and State agencies and associations) the scope 
        and research emphases of the program.
  [(c) Program Administration.--The Secretary shall--
          [(1) administer the program established under this 
        section; and
          [(2) ensure, to the maximum extent practicable, 
        that--
                  [(A) the best projects and researchers are 
                selected to conduct research in the priority 
                areas described in subsection (b)--
                          [(i) on the basis of merit of each 
                        submitted proposal; and
                          [(ii) through the use of open 
                        solicitations and selection by a panel 
                        of appropriate experts;
                  [(B) a qualified, permanent core staff with 
                the ability and expertise to manage a large 
                multiyear budget is used;
                  [(C) the stakeholders are involved in the 
                governance of the program, at the executive, 
                overall program, and technical levels, through 
                the use of expert panels and committees; and
                  [(D) there is no duplication of research 
                effort between the program established under 
                this section and the new strategic highway 
                research program established under section 510.
  [(d) National Academy of Sciences.--The Secretary may make 
grants to, and enter into cooperative agreements with, the 
National Academy of Sciences to carry out such activities 
relating to the research, technology, and technology transfer 
activities described in subsections (b) and (c) as the 
Secretary determines to be appropriate.]

Sec. 508. Transportation research and development strategic planning

  (a) In General.--
          (1) Development.--Not later than 1 year after the 
        date of enactment of the [SAFETEA-LU] American Energy 
        and Infrastructure Jobs Act of 2012, the Secretary, 
        acting through the Administrator of the Research and 
        Innovative Technology Administration, shall develop a 
        5-year transportation research and development 
        strategic plan to guide Federal transportation research 
        and development activities. This plan shall be 
        consistent with section 306 of title 5, sections 1115 
        and 1116 of title 31, and any other research and 
        development plan within the Department of 
        Transportation.
          (2) Contents.--The strategic plan developed under 
        paragraph (1) shall--
                  (A) describe the primary purposes of the 
                transportation research and development 
                program, which shall include, at a minimum--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) [promoting security] improving 
                        goods movement;

           *       *       *       *       *       *       *

[Sec. 509. National cooperative freight transportation research program

  [(a) Establishment.--The Secretary shall establish and 
support a national cooperative freight transportation research 
program.
  [(b) Agreement.--The Secretary shall enter into an agreement 
with the National Academy of Sciences to support and carry out 
administrative and management activities relating to the 
governance of the national cooperative freight transportation 
research program.
  [(c) Advisory Committee.--The National Academy of Sciences 
shall select an advisory committee consisting of a 
representative cross-section of freight stakeholders, including 
the Department of Transportation, other Federal agencies, State 
transportation departments, local governments, nonprofit 
entities, academia, and the private sector.
  [(d) Governance.--The national cooperative freight 
transportation research program established under this section 
shall include the following administrative and management 
elements:
          [(1) National research agenda.--The advisory 
        committee, in consultation with interested parties, 
        shall recommend a national research agenda for the 
        program. The agenda shall include a multiyear strategic 
        plan.
          [(2) Involvement.--Interested parties may--
                  [(A) submit research proposals to the 
                advisory committee;
                  [(B) participate in merit reviews of research 
                proposals and peer reviews of research 
                products; and
                  [(C) receive research results.
          [(3) Open competition and peer review of research 
        proposals.--The National Academy of Sciences may award 
        research contracts and grants under the program through 
        open competition and merit review conducted on a 
        regular basis.
          [(4) Evaluation of research.--
                  [(A) Peer review.--Research contracts and 
                grants under the program may allow peer review 
                of the research results.
                  [(B) Programmatic evaluations.--The National 
                Academy of Sciences may conduct periodic 
                programmatic evaluations on a regular basis of 
                research contracts and grants.
          [(5) Dissemination of research findings.--The 
        National Academy of Sciences shall disseminate research 
        findings to researchers, practitioners, and 
        decisionmakers, through conferences and seminars, field 
        demonstrations, workshops, training programs, 
        presentations, testimony to government officials, the 
        World Wide Web, publications for the general public, 
        and other appropriate means.
  [(e) Contents.--The national research agenda required under 
subsection (d)(1) shall include research in the following 
areas:
          [(1) Techniques for estimating and quantifying public 
        benefits derived from freight transportation projects.
          [(2) Alternative approaches to calculating the 
        contribution of truck and rail traffic to congestion on 
        specific highway segments.
          [(3) The feasibility of consolidating origins and 
        destinations for freight movement.
          [(4) Methods for incorporating estimates of 
        international trade into landside transportation 
        planning.
          [(5) The use of technology applications to increase 
        capacity of highway lanes dedicated to truck-only 
        traffic.
          [(6) Development of physical and policy alternatives 
        for separating car and truck traffic.
          [(7) Ways to synchronize infrastructure improvements 
        with freight transportation demand.
          [(8) The effect of changing patterns of freight 
        movement on transportation planning decisions relating 
        to rest areas.
          [(9) Other research areas to identify and address 
        emerging and future research needs related to freight 
        transportation by all modes.
  [(f) Funding.--
          [(1) Federal share.--The Federal share of the cost of 
        an activity carried out under this section shall be up 
        to 100 percent.
          [(2) Use of non-Federal funds.--In addition to using 
        funds authorized for this section, the National Academy 
        of Sciences may seek and accept additional funding 
        sources from public and private entities capable of 
        accepting funding from the Department of 
        Transportation, States, local governments, nonprofit 
        foundations, and the private sector.
          [(3) Period of availability.--Amounts made available 
        to carry out this section shall remain available until 
        expended.

[Sec. 510. Future strategic highway research program

  [(a) Establishment.--The Secretary, in consultation with the 
American Association of State Highway and Transportation 
Officials, shall establish and carry out, acting through the 
National Research Council of the National Academy of Sciences, 
the future strategic highway research program.
  [(b) Cooperative Agreements.--The Secretary may make grants 
to, and enter into cooperative agreements with, the American 
Association of State Highway and Transportation Officials and 
the National Academy of Sciences to carry out such activities 
under this section as the Secretary determines are appropriate.
  [(c) Program Priorities.--
          [(1) Program elements.--The program established under 
        this section shall be based on the National Research 
        Council Special Report 260, entitled ``Strategic 
        Highway Research: Saving Lives, Reducing Congestion, 
        Improving Quality of Life'' and the results of the 
        detailed planning work subsequently carried out in 2002 
        and 2003 to identify the research areas through 
        National Cooperative Research Program Project 20-58. 
        The research program shall include an analysis of the 
        following:
                  [(A) Renewal of aging highway infrastructure 
                with minimal impact to users of the facilities.
                  [(B) Driving behavior and likely crash causal 
                factors to support improved countermeasures.
                  [(C) Reducing highway congestion due to 
                nonrecurring congestion.
                  [(D) Planning and designing new road capacity 
                to meet mobility, economic, environmental, and 
                community needs.
          [(2) Dissemination of results.--The research results 
        of the program, expressed in terms of technologies, 
        methodologies, and other appropriate categorizations, 
        shall be disseminated to practicing engineers for their 
        use, as soon as practicable.
  [(d) Program Administration.--In carrying out the program 
under this section, the National Research Council shall ensure, 
to the maximum extent practicable, that--
          [(1) projects and researchers are selected to conduct 
        research for the program on the basis of merit and open 
        solicitation of proposals and review by panels of 
        appropriate experts;
          [(2) State department of transportation officials and 
        other stakeholders, as appropriate, are involved in the 
        governance of the program at the overall program level 
        and technical level through the use of expert panels 
        and committees;
          [(3) the Council acquires a qualified, permanent core 
        staff with the ability and expertise to manage the 
        program and multiyear budget; and
          [(4) there is no duplication of research effort 
        between the program and any other research effort of 
        the Department.
  [(e) Report on Implementation of Results.--
          [(1) Report.--The Transportation Research Board of 
        the National Research Council shall complete a report 
        on the strategies and administrative structure to be 
        used for implementation of the results of the future 
        strategic highway research program.
          [(2) Components.--The report under paragraph (1) 
        shall include with respect to the program--
                  [(A) an identification of the most promising 
                results of research under the program 
                (including the persons most likely to use the 
                results);
                  [(B) a discussion of potential incentives 
                for, impediments to, and methods of, 
                implementing those results;
                  [(C) an estimate of costs of implementation 
                of those results; and
                  [(D) recommendations on methods by which 
                implementation of those results should be 
                conducted, coordinated, and supported in future 
                years, including a discussion of the 
                administrative structure and organization best 
                suited to carry out those recommendations.
          [(3) Consultation.--In developing the report, the 
        Transportation Research Board shall consult with a wide 
        variety of stakeholders, including--
                  [(A) the Federal Highway Administration;
                  [(B) the National Highway Traffic Safety 
                Administration; and
                  [(C) the American Association of State 
                Highway and Transportation Officials.
          [(4) Submission.--Not later than February 1, 2009, 
        the report shall be submitted to the Committee on 
        Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives.
  [(f) Funding.--
          [(1) Federal share.--The Federal share of the cost of 
        an activity carried out using amounts made available 
        under a grant or cooperative agreement under this 
        section shall be 100 percent, and such funds shall 
        remain available until expended.
          [(2) Advance payments.--The Secretary may make 
        advance payments as necessary to carry out the program 
        under this section.
  [(g) Limitation of Remedies.--
          [(1) Same remedy as if United States.--The remedy 
        against the United States provided by sections 1346(b) 
        and 2672 of title 28 for injury, loss of property, 
        personal injury, or death shall apply to any claim 
        against the National Academy of Sciences for money 
        damages for injury, loss of property, personal injury, 
        or death caused by any negligent or wrongful act or 
        omission by employees and individuals described in 
        paragraph (3) arising from activities conducted under 
        or in connection with this section. Any such claim 
        shall be subject to the limitations and exceptions 
        which would be applicable to such claim if such claim 
        were against the United States. With respect to any 
        such claim, the Secretary shall be treated as the head 
        of the appropriate Federal agency for purposes of 
        sections 2672 and 2675 of title 28.
          [(2) Exclusiveness of remedy.--The remedy referred to 
        in paragraph (1) shall be exclusive of any other civil 
        action or proceeding for the purpose of determining 
        liability arising from any such act or omission without 
        regard to when the act or omission occurred.
          [(3) Treatment.--Employees of the National Academy of 
        Sciences and other individuals appointed by the 
        president of the National Academy of Sciences and 
        acting on its behalf in connection with activities 
        carried out under this section shall be treated as if 
        they are employees of the Federal Government under 
        section 2671 of title 28 for purposes of a civil action 
        or proceeding with respect to a claim described in 
        paragraph (1). The civil action or proceeding shall 
        proceed in the same manner as any proceeding under 
        chapter 171 of title 28 or action against the United 
        States filed pursuant to section 1346(b) of title 28 
        and shall be subject to the limitations and exceptions 
        applicable to such a proceeding or action.
          [(4) Sources of payments.--Payment of any award, 
        compromise, or settlement of a civil action or 
        proceeding with respect to a claim described in 
        paragraph (1) shall be paid first out of insurance 
        maintained by the National Academy of Sciences, second 
        from funds made available to carry out this section, 
        and then from sums made available under section 1304 of 
        title 31. For purposes of such section, such an award, 
        compromise, or settlement shall be deemed to be a 
        judgment, award, or settlement payable under section 
        2414 or 2672 of title 28. The Secretary may establish a 
        reserve of funds to carry out this section for making 
        payments under this paragraph.
  [(h) Implementation.--Notwithstanding any other provision of 
this section, the Secretary may use funds made available to 
carry out this section for implementation of research products 
related to the future strategic highway research program, 
including development, demonstration, evaluation, and 
technology transfer activities.]

           *       *       *       *       *       *       *

Sec. 512. National [ITS] intelligent transportation systems program 
                    plan

  (a) In General.--
          (1) Updates.--Not later than 1 year after the date of 
        enactment of the [SAFETEA-LU] American Energy and 
        Infrastructure Jobs Act of 2012, the Secretary, in 
        consultation with interested stakeholders (including 
        State transportation departments) shall develop a 5-
        year National Intelligent Transportation System (in 
        this section referred to as ``ITS'') program plan.

           *       *       *       *       *       *       *

Sec. 513. Use of funds for [ITS] intelligent transportation systems 
                    activities

  (a) In General.--For each fiscal year, not more than $250,000 
of the funds made available to carry out this [subtitle C of 
title V of the SAFETEA-LU] section 7001(a)(4) of the American 
Energy and Infrastructure Jobs Act of 2012 shall be used for 
intelligent transportation system outreach, public relations, 
displays, tours, and brochures.

           *       *       *       *       *       *       *

Sec. 514. Intelligent transportation systems program goals and purposes

  (a) Goals.--The goals of the intelligent transportation 
system program include--
          (1) enhancement of surface transportation efficiency 
        and facilitation of intermodalism and international 
        trade to enable existing facilities to meet a 
        significant portion of future transportation needs, 
        including public access to employment, goods, and 
        services, and to reduce regulatory, financial, and 
        other transaction costs to public agencies and system 
        users;
          (2) achievement of national transportation safety 
        goals, including the enhancement of safe operation of 
        motor vehicles and nonmotorized vehicles and improved 
        emergency response to a crash, with particular emphasis 
        on decreasing the number and severity of collisions;
          (3) protection and enhancement of the natural 
        environment and communities affected by surface 
        transportation, with particular emphasis on assisting 
        State and local governments to achieve national 
        environmental goals;
          (4) accommodation of the needs of all users of 
        surface transportation systems, including operators of 
        commercial motor vehicles, passenger motor vehicles, 
        motorcycles, and bicycles and pedestrians, including 
        individuals with disabilities; and
          (5) improvement of the Nation's ability to respond to 
        emergencies and natural disasters.
  (b) Purposes.--The Secretary shall implement activities under 
the intelligent system transportation program to, at a 
minimum--
          (1) expedite, in both metropolitan and rural areas, 
        deployment and integration of intelligent 
        transportation systems for consumers of passenger and 
        freight transportation;
          (2) ensure that Federal, State, and local 
        transportation officials have adequate knowledge of 
        intelligent transportation systems for consideration in 
        the transportation planning process;
          (3) improve regional cooperation and operations 
        planning for effective intelligent transportation 
        system deployment;
          (4) promote the innovative use of private resources;
          (5) facilitate, in cooperation with the motor vehicle 
        industry, the introduction of vehicle-based safety 
        enhancing systems;
          (6) support the application of intelligent 
        transportation systems that increase the safety and 
        efficiency of commercial motor vehicle operations;
          (7) develop a workforce capable of developing, 
        operating, and maintaining intelligent transportation 
        systems; and
          (8) provide continuing support for operations and 
        maintenance of intelligent transportation systems.

Sec. 515. Intelligent transportation systems program general authority 
                    and requirements

  (a) Scope.--Subject to the provisions of this chapter, the 
Secretary shall conduct an ongoing intelligent transportation 
system program to research, develop, and operationally test 
intelligent transportation systems and to provide technical 
assistance in the nationwide application of those systems as a 
component of the surface transportation systems of the United 
States.
  (b) Policy.--Intelligent transportation system research 
projects and operational tests funded pursuant to this chapter 
shall encourage and not displace public-private partnerships or 
private sector investment in such tests and projects.
  (c) Cooperation With Governmental, Private, and Educational 
Entities.--The Secretary shall carry out the intelligent 
transportation system program in cooperation with State and 
local governments and other public entities, private sector 
firms in the United States, Federal laboratories, and 
institutions of higher education, including historically Black 
colleges and universities and other minority institutions of 
higher education.
  (d) Consultation With Federal Officials.--In carrying out the 
intelligent transportation system program, the Secretary shall 
consult with the heads of other Federal departments and 
agencies, as appropriate.
  (e) Technical Assistance, Training, and Information.--The 
Secretary may provide technical assistance, training, and 
information to State and local governments seeking to 
implement, operate, maintain, or evaluate intelligent 
transportation system technologies and services.
  (f) Transportation Planning.--The Secretary may provide 
funding to support adequate consideration of transportation 
systems management and operations, including intelligent 
transportation systems, within metropolitan and statewide 
transportation planning processes.
  (g) Information Clearinghouse.--
          (1) In general.--The Secretary shall--
                  (A) maintain a repository for technical and 
                safety data collected as a result of federally 
                sponsored projects carried out under this 
                chapter; and
                  (B) make, on request, that information 
                (except for proprietary information and data) 
                readily available to all users of the 
                repository at an appropriate cost.
          (2) Agreement.--
                  (A) In general.--The Secretary may enter into 
                an agreement with a third party for the 
                maintenance of the repository for technical and 
                safety data under paragraph (1)(A).
                  (B) Federal financial assistance.--If the 
                Secretary enters into an agreement with an 
                entity for the maintenance of the repository, 
                the entity shall be eligible for Federal 
                financial assistance under this section.
          (3) Availability of information.--Information in the 
        repository shall not be subject to sections 552 and 555 
        of title 5, United States Code.
  (h) Infrastructure Development.--Funds made available to 
carry out this chapter for operational tests--
          (1) shall be used primarily for the development of 
        intelligent transportation system infrastructure; and
          (2) to the maximum extent practicable, shall not be 
        used for the construction of physical highway and 
        public transportation infrastructure unless the 
        construction is incidental and critically necessary to 
        the implementation of an intelligent transportation 
        system project.

Sec. 516. Intelligent transportation systems research and development

  (a) In General.--The Secretary shall carry out a 
comprehensive program of intelligent transportation system 
research, development, and operational tests of intelligent 
vehicles and intelligent infrastructure systems and other 
similar activities that are necessary to carry out this 
chapter.
  (b) Priority Areas.--Under the program, the Secretary shall 
give higher priority to funding projects that--
          (1) enhance mobility and productivity through 
        improved traffic management, incident management, 
        transit management, freight management, road weather 
        management, toll collection, traveler information, or 
        highway operations systems and remote sensing products;
          (2) utilize interdisciplinary approaches to develop 
        traffic management strategies and tools to address 
        multiple impacts of congestion concurrently;
          (3) address traffic management, incident management, 
        transit management, toll collection traveler 
        information, or highway operations systems;
          (4) incorporate research on the impact of 
        environmental, weather, and natural conditions on 
        intelligent transportation systems, including the 
        effects of cold climates;
          (5) enhance intermodal use of intelligent 
        transportation systems for diverse groups, including 
        for emergency and health-related services;
          (6) enhance safety through improved crash avoidance 
        and protection, crash and other emergency personnel 
        notification, commercial motor vehicle operations, and 
        infrastructure-based or cooperative safety systems; and
          (7) facilitate the integration of intelligent 
        infrastructure, vehicle, and control technologies.

Sec. 517. Intelligent transportation systems national architecture and 
                    standards

  (a) In General.--
          (1) Development, implementation, and maintenance.--
        Consistent with section 12(d) of the National 
        Technology Transfer and Advancement Act of 1995 (15 
        U.S.C. 272 note; 110 Stat. 783), the Secretary shall 
        develop, implement, and maintain a national 
        architecture and supporting standards and protocols to 
        promote the widespread use and evaluation of 
        intelligent transportation system technology as a 
        component of the surface transportation systems of the 
        United States.
          (2) Interoperability and efficiency.--To the maximum 
        extent practicable, the national architecture shall 
        promote interoperability among, and efficiency of, 
        intelligent transportation system technologies 
        implemented throughout the United States.
          (3) Use of standards development organizations.--In 
        carrying out this section, the Secretary shall use the 
        services of such standards development organizations as 
        the Secretary determines to be appropriate.
  (b) Provisional Standards.--
          (1) In general.--If the Secretary finds that the 
        development or balloting of an intelligent 
        transportation system standard jeopardizes the timely 
        achievement of the objectives identified in subsection 
        (a), the Secretary may establish a provisional 
        standard, after consultation with affected parties, 
        using, to the extent practicable, the work product of 
        appropriate standards development organizations.
          (2) Period of effectiveness.--A provisional standard 
        established under paragraph (1) shall be published in 
        the Federal Register and remain in effect until the 
        appropriate standards development organization adopts 
        and publishes a standard.
  (c) Conformity With National Architecture.--
          (1) In general.--Except as provided in paragraphs (2) 
        and (3), the Secretary shall ensure that intelligent 
        transportation system projects carried out using funds 
        made available from the Highway Trust Fund, including 
        funds made available under this chapter, to deploy 
        intelligent transportation system technologies conform 
        to the national architecture, applicable standards or 
        provisional standards, and protocols developed under 
        subsection (a).
          (2) Secretary's discretion.--The Secretary may 
        authorize exceptions to paragraph (1) for--
                  (A) projects designed to achieve specific 
                research objectives outlined in the national 
                intelligent transportation system program plan 
                or the surface transportation research and 
                development strategic plan developed under 
                section 508; or
                  (B) the upgrade or expansion of an 
                intelligent transportation system in existence 
                on the date of enactment of the SAFETEA-LU if 
                the Secretary determines that the upgrade or 
                expansion--
                          (i) would not adversely affect the 
                        goals or purposes of this chapter;
                          (ii) is carried out before the end of 
                        the useful life of such system; and
                          (iii) is cost-effective as compared 
                        to alternatives that would meet the 
                        conformity requirement of paragraph 
                        (1).
          (3) Exceptions.--Paragraph (1) shall not apply to 
        funds used for operation or maintenance of an 
        intelligent transportation system in existence on the 
        date of enactment of the SAFETEA-LU.
  (d) Standard Defined.--The term ``standard'' means a document 
that--
          (1) 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 their purposes; and
          (2) may support the national architecture and 
        promote--
                  (A) the widespread use and adoption of 
                intelligent transportation system technology as 
                a component of the surface transportation 
                systems of the United States; and
                  (B) interoperability among intelligent 
                transportation system technologies implemented 
                throughout the States.

           *       *       *       *       *       *       *

                   CHAPTER 6--INFRASTRUCTURE FINANCE

Sec.
601. Generally applicable provisions.
[602. Determination of eligibility and project selection.]
602. Project applications and determinations of eligibility.
     * * * * * * *
611. State infrastructure bank capitalization.

Sec. 601. Generally applicable provisions

  (a) Definitions.--In this chapter, the following definitions 
apply:
          (1) Eligible project costs.--The term ``eligible 
        project costs'' means amounts substantially all of 
        which are paid by, or for the account of, an obligor in 
        connection with a project, including the cost 
        (regardless of when incurred) of--
                  (A) * * *

           *       *       *       *       *       *       *

          (2) Contingent commitment.--The term ``contingent 
        commitment'' means a commitment to obligate an amount 
        from future available budget authority, but is not an 
        obligation of the Federal Government.
          [(2)] (3) Federal credit instrument.--The term 
        ``Federal credit instrument'' means a secured loan, 
        loan guarantee, or line of credit authorized to be made 
        available under this chapter with respect to a project.
          [(3)] (4) Investment-grade rating.--The term 
        ``investment-grade rating'' means a rating of BBB 
        minus, Baa3, bbb minus, BBB (low), or higher assigned 
        by a rating agency to project obligations.
          [(4)] (5) Lender.--The term ``lender'' means any non-
        Federal qualified institutional buyer (as defined in 
        section 230.144A(a) of title 17, Code of Federal 
        Regulations (or any successor regulation), known as 
        Rule 144A(a) of the Securities and Exchange Commission 
        and issued under the Securities Act of 1933 (15 U.S.C. 
        77a et seq.)), including--
                  (A) * * *

           *       *       *       *       *       *       *

          [(5)] (6) Line of credit.--The term ``line of 
        credit'' means an agreement entered into by the 
        Secretary with an obligor under section 604 to provide 
        a direct loan at a future date upon the occurrence of 
        certain events.
          [(6)] (7) Loan guarantee.--The term ``loan 
        guarantee'' means any guarantee or other pledge by the 
        Secretary to pay all or part of the principal of and 
        interest on a loan or other debt obligation issued by 
        an obligor and funded by a lender.
          (8) Master credit agreement.--The term ``master 
        credit agreement'' means an agreement entered into by 
        and between the Secretary and an obligor for a project 
        that--
                  (A) makes contingent commitments of one or 
                more secured loans or other Federal credit 
                instruments at future dates, subject to the 
                provision of future budget authority;
                  (B) establishes the amounts and general terms 
                and conditions of such secured loans or other 
                Federal credit instruments;
                  (C) identifies the dedicated revenue sources 
                that will secure the repayment of such secured 
                loans or other Federal credit instruments, 
                which may differ by project; and
                  (D) provides for the obligation of funds for 
                such a secured loan or other Federal credit 
                instrument, subject to the provision of future 
                budget authority, for a project included in the 
                agreement after all requirements under this 
                section have been met for the project.
          [(7)] (9) Obligor.--The term ``obligor'' means a 
        party primarily liable for payment of the principal of 
        or interest on a Federal credit instrument, which party 
        may be a corporation, limited liability company, 
        partnership, joint venture, trust, or governmental 
        entity, agency, or instrumentality.
          [(8)] (10) Project.--The term ``project'' means--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) a project for intercity passenger bus or 
                rail facilities and vehicles, including 
                facilities and vehicles owned by the National 
                Railroad Passenger Corporation and components 
                of magnetic levitation transportation systems; 
                [and]
                  (D) a project that--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) if located within the 
                        boundaries of a port terminal, includes 
                        only such surface transportation 
                        infrastructure modifications as are 
                        necessary to facilitate direct 
                        intermodal interchange, transfer, and 
                        access into and out of the port[.];
                  (E) a program of related transportation 
                projects that--
                          (i) are coordinated to achieve a 
                        common transportation goal;
                          (ii) are eligible for funding under 
                        this title or chapter 53 of title 49; 
                        and
                          (iii) together receive not more than 
                        30 percent of their funding for capital 
                        costs from Federal grant funds made 
                        available under this title or chapter 
                        53 of title 49; and
                  (F) a highway, transit, or pedestrian 
                project, or grouping of projects, that--
                          (i) improves mobility; and
                          (ii) is located within the station 
                        area of a transit, passenger rail, or 
                        intercity bus station.
          [(9)] (11) Project obligation.--The term ``project 
        obligation'' means any note, bond, debenture, or other 
        debt obligation issued by an obligor in connection with 
        the financing of a project, other than a Federal credit 
        instrument.
          [(10)] (12) Rating agency.--The term ``rating 
        agency'' means a credit rating agency registered with 
        the Securities and Exchange Commission as a nationally 
        recognized statistical rating organization, as that 
        term is defined in section 3(a) of the Securities 
        Exchange Act of 1934.
          (13) Rural infrastructure project.--The term ``rural 
        infrastructure project'' means a surface transportation 
        infrastructure project located in any area other than 
        an urbanized area that has a population of greater than 
        250,000 inhabitants.
          [(11)] (14) Secured loan.--The term ``secured loan'' 
        means a direct loan or other debt obligation issued by 
        an obligor and funded by the Secretary in connection 
        with the financing of a project under section 603.
          [(12)] (15) State.--The term ``State'' has the 
        meaning given the term in section 101.
          [(13)] (16) Subsidy amount.--The term ``subsidy 
        amount'' means the amount of budget authority, or other 
        source of funds provided pursuant to section 608(c)(2), 
        sufficient to cover the estimated long-term cost to the 
        Federal Government of a Federal credit instrument, 
        calculated on a net present value basis, excluding 
        administrative costs and any incidental effects on 
        governmental receipts or outlays in accordance with the 
        provisions of the Federal Credit Reform Act of 1990 (2 
        U.S.C. 661 et seq.).
          [(14)] (17) Substantial completion.--The term 
        ``substantial completion'' means the opening of a 
        project to vehicular or passenger traffic.

           *       *       *       *       *       *       *

[Sec. 602. Determination of eligibility and project selection

  [(a) Eligibility.--To be eligible to receive financial 
assistance under this chapter, a project shall meet the 
following criteria:
          [(1) Inclusion in transportation plans and 
        programs.--The project shall satisfy the applicable 
        planning and programming requirements of sections 134 
        and 135 at such time as an agreement to make available 
        a Federal credit instrument is entered into under this 
        chapter.
          [(2) Application.--A State, local government, public 
        authority, public-private partnership, or any other 
        legal entity undertaking the project and authorized by 
        the Secretary, shall submit a project application to 
        the Secretary.
          [(3) Eligible project costs.--
                  [(A) In general.--Except as provided in 
                subparagraph (B), to be eligible for assistance 
                under this chapter, a project shall have 
                eligible project costs that are reasonably 
                anticipated to equal or exceed the lesser of--
                          [(i) $50,000,000; or
                          [(ii) 33\1/3\ percent of the amount 
                        of Federal highway assistance funds 
                        apportioned for the most recently 
                        completed fiscal year to the State in 
                        which the project is located.
                  [(B) Intelligent transportation system 
                projects.--In the case of a project principally 
                involving the installation of an intelligent 
                transportation system, eligible project costs 
                shall be reasonably anticipated to equal or 
                exceed $15,000,000.
          [(4) Dedicated revenue sources.--The Federal credit 
        instrument shall be repayable, in whole or in part, 
        from tolls, user fees, or other dedicated revenue 
        sources that also secure the project obligations.
          [(5) Public sponsorship of private entities.--In the 
        case of a project that is undertaken by an entity that 
        is not a State or local government or an agency or 
        instrumentality of a State or local government, the 
        project that the entity is undertaking shall be 
        publicly sponsored as provided in paragraphs (1) and 
        (2).
  [(b) Selection Among Eligible Projects.--
          [(1) Establishment.--The Secretary shall establish 
        criteria for selecting among projects that meet the 
        eligibility requirements specified in subsection (a).
          [(2) Selection criteria.--
                  [(A) In general.--The selection criteria 
                shall include the following:
                          [(i) The extent to which the project 
                        is nationally or regionally 
                        significant, in terms of generating 
                        economic benefits, supporting 
                        international commerce, or otherwise 
                        enhancing the national transportation 
                        system.
                          [(ii) The creditworthiness of the 
                        project, including a determination by 
                        the Secretary that any financing for 
                        the project has appropriate security 
                        features, such as a rate covenant, to 
                        ensure repayment.
                          [(iii) The extent to which assistance 
                        under this chapter would foster 
                        innovative public-private partnerships 
                        and attract private debt or equity 
                        investment.
                          [(iv) The likelihood that assistance 
                        under this chapter would enable the 
                        project to proceed at an earlier date 
                        than the project would otherwise be 
                        able to proceed.
                          [(v) The extent to which the project 
                        uses new technologies, including 
                        intelligent transportation systems, 
                        that enhance the efficiency of the 
                        project.
                          [(vi) The amount of budget authority 
                        required to fund the Federal credit 
                        instrument made available under this 
                        chapter.
                          [(vii) The extent to which the 
                        project helps maintain or protect the 
                        environment.
                          [(viii) The extent to which 
                        assistance under this chapter and 
                        chapter 1 would reduce the contribution 
                        of Federal grant assistance to the 
                        project.
                  [(B) Preliminary rating opinion letter.--For 
                purposes of subparagraph (A)(ii), the Secretary 
                shall require each project applicant to provide 
                a preliminary rating opinion letter from at 
                least 1 rating agency indicating that the 
                project's senior obligations, which may be the 
                Federal credit instrument, have the potential 
                to achieve an investment-grade rating.
  [(c) Federal Requirements.--In addition to the requirements 
of this title for highway projects, chapter 53 of title 49 for 
transit projects, and section 5333(a) of title 49 for rail 
projects, the following provisions of law shall apply to funds 
made available under this chapter and projects assisted with 
the funds:
          [(1) Title VI of the Civil Rights Act of 1964 (42 
        U.S.C. 2000d et seq.).
          [(2) The National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.).
          [(3) The Uniform Relocation Assistance and Real 
        Property Acquisition Policies Act of 1970 (42 U.S.C. 
        4601 et seq.).]

Sec. 602. Project applications and determinations of eligibility

  (a) Project Applications.--
          (1) In general.--A State, local government, agency or 
        instrumentality of a State or local government, public 
        authority, private party to a public-private 
        partnership, or any other legal entity undertaking a 
        project may submit to the Secretary an application 
        requesting financial assistance under this chapter for 
        the project.
          (2) Master credit agreements.--An application 
        submitted under paragraph (1) may request that 
        financial assistance under this chapter be provided 
        under a master credit agreement.
          (3) Applications where obligor will be identified 
        later.--A State, local government, agency or 
        instrumentality of a State or local government, or 
        public authority may submit an application to the 
        Secretary under paragraph (1) under which a private 
        party to a public-private partnership will be the 
        obligor and will be identified later through completion 
        of a procurement and selection of the private party.
  (b) Eligibility.--
          (1) Approval.--The Secretary shall approve an 
        application submitted under subsection (a)(1) for each 
        project that meets the criteria specified in paragraph 
        (2).
          (2) Criteria.--To be eligible to receive financial 
        assistance under this chapter, a project shall meet the 
        following criteria:
                  (A) Inclusion in transportation plans and 
                programs.--The project shall satisfy the 
                applicable planning and programmatic 
                requirements of sections 5203 and 5204 of title 
                49--
                          (i) in the case of an application for 
                        financial assistance to be provided 
                        under a master credit agreement, at 
                        such time as credit assistance is 
                        provided for the project pursuant to 
                        the master credit agreement; and
                          (ii) in the case of any other project 
                        application, at such time as an 
                        agreement to make available a Federal 
                        credit instrument is entered into under 
                        this chapter.
                  (B) Creditworthiness.--
                          (i) In general.--The project shall 
                        satisfy applicable creditworthiness 
                        standards, including, at a minimum--
                                  (I) a rate covenant, if 
                                applicable;
                                  (II) adequate coverage 
                                requirements to ensure 
                                repayment;
                                  (III) an investment grade 
                                rating from at least 2 rating 
                                agencies on debt senior to the 
                                Federal credit instrument; and
                                  (IV) a rating from at least 2 
                                rating agencies on the Federal 
                                credit instrument.
                          (ii) Amounts less than $75,000,000.--
                        Notwithstanding clauses (i)(III) and 
                        (i)(IV), if the senior debt and Federal 
                        credit instrument is for an amount less 
                        than $75,000,000, 1 rating agency 
                        opinion for each of the senior debt and 
                        Federal credit instrument shall be 
                        sufficient.
                          (iii) Federal credit instruments that 
                        are the senior debt.--Notwithstanding 
                        clauses (i)(III) and (i)(IV), in a case 
                        in which the Federal credit instrument 
                        is the senior debt, the Federal credit 
                        instrument shall be required to receive 
                        an investment grade rating from at 
                        least 2 rating agencies.
                  (C) Eligible project costs.--The eligible 
                costs of the project--
                          (i) in the case of a project 
                        described in section 601(a)(9)(F) or a 
                        project principally involving the 
                        installation of an intelligent 
                        transportation system, shall be 
                        reasonably anticipated to equal or 
                        exceed $15,000,000;
                          (ii) in the case of a project for 
                        which financial assistance will be 
                        provided under a master credit 
                        agreement, shall be reasonably 
                        anticipated to equal or exceed 
                        $1,000,000,000;
                          (iii) in the case of a rural 
                        infrastructure project, shall be 
                        reasonably anticipated to equal or 
                        exceed $25,000,000; and
                          (iv) in the case of any other 
                        project, shall be reasonably 
                        anticipated to equal or exceed the 
                        lesser of--
                                  (I) $50,000,000; or
                                  (II) 33\1/3\ percent of the 
                                amount apportioned, out of 
                                amounts made available from the 
                                Highway Trust Fund (other than 
                                the Alternative Transportation 
                                Account), to the State in which 
                                the project is located for 
                                Federal-aid highway and highway 
                                safety construction programs 
                                for the most recently completed 
                                fiscal year.
                  (D) Dedicated revenue sources.--The Federal 
                credit instrument for the project shall be 
                repayable, in whole or in part, from tolls, 
                user fees, payments owing to the obligor under 
                a public-private partnership, or other 
                dedicated revenue sources that also secure or 
                fund the project obligations.
                  (E) Regional significance.--The project shall 
                be regionally significant (as defined in 
                regulations implementing sections 134 and 135 
                (as in effect on the day before the date of 
                enactment of the American Energy and 
                Infrastructure Jobs Act of 2012)) or otherwise 
                significantly enhance the national 
                transportation system.
                  (F) Public sponsorship of private entities.--
                In the case of a project undertaken by an 
                entity that is not a State or local government 
                (or an agency or instrumentality of a State or 
                local government), the project shall be 
                publicly sponsored as provided under subsection 
                (a).
                  (G) Beneficial effects.--The Secretary shall 
                determine that financial assistance for the 
                project under this chapter will--
                          (i) foster an innovative public-
                        private partnership and attract private 
                        debt or equity investment for the 
                        project;
                          (ii) enable the project to proceed at 
                        an earlier date than the project would 
                        otherwise be able to proceed or reduce 
                        the project's life cycle costs, 
                        including debt service costs; and
                          (iii) reduce the contribution of 
                        Federal grant assistance for the 
                        project.
                  (H) Project readiness.--The applicant shall 
                demonstrate that the contracting process for 
                construction of the project can be commenced 
                not later than 90 days after the date on which 
                a Federal credit instrument is secured for the 
                project under this chapter.
  (c) Preliminary Rating Opinion Letter.--For purposes of 
subsection (b)(2)(B), the Secretary shall require each 
applicant for a project to provide a preliminary rating opinion 
letter from at least 1 rating agency indicating that the 
project's senior obligations, which may consist, in whole or in 
part, of the Federal credit instrument, have the potential to 
achieve an investment-grade rating.
  (d) Approval of Applications and Funding.--
          (1) In general.--The Secretary shall--
                  (A) approve applications for projects that 
                meet the criteria specified in subsection 
                (b)(2) in the order in which the Secretary 
                receives the applications; and
                  (B) commit or conditionally commit budget 
                authority for projects, out of amounts made 
                available to carry out this chapter for a 
                fiscal year, in the order in which the 
                Secretary approves the applications for such 
                projects.
          (2) Insufficient funds.--If the Secretary approves an 
        application submitted under subsection (a)(1) for a 
        project in a fiscal year, but is unable to provide 
        financial assistance for the project in that fiscal 
        year as a result of prior commitments or conditional 
        commitments of budget authority under this chapter, the 
        Secretary shall provide the project sponsor with the 
        option of receiving such financial assistance as soon 
        as sufficient budget authority is made available to 
        carry out this chapter in a subsequent fiscal year.
  (e) Procedures for Determining Project Eligibility.--
          (1) Establishment.--The Secretary shall establish 
        procedures for--
                  (A) processing applications received under 
                subsection (a)(1) requesting financial 
                assistance for projects; and
                  (B) approving or disapproving the 
                applications based on whether the projects meet 
                the criteria specified in subsection (b)(2).
          (2) Application processing procedures.--The 
        procedures shall meet the following requirements:
                  (A) The procedures may not restrict when 
                applications may be filed.
                  (B) The procedures shall ensure that--
                          (i) the Secretary will provide 
                        written notice to an applicant, on or 
                        before the 15th day following the date 
                        of receipt of the applicant's 
                        application, informing the applicant of 
                        whether the application is complete;
                          (ii) if the application is complete, 
                        the Secretary will provide written 
                        notice to the applicant, on or before 
                        the 60th day following the date of 
                        issuance of written notice for the 
                        application under clause (i), informing 
                        the applicant of whether the Secretary 
                        has approved or disapproved the 
                        application;
                          (iii) if the application is not 
                        complete, the Secretary will provide 
                        written notice to the applicant, 
                        together with the written notice issued 
                        for the application under clause (i), 
                        informing the applicant of the 
                        information and materials needed to 
                        complete the application; and
                          (iv) if the Secretary does not 
                        provide written notice to an applicant 
                        under clause (i) in the 15-day period 
                        specified in clause (i)--
                                  (I) the applicant's 
                                application is deemed complete; 
                                and
                                  (II) the Secretary will 
                                provide written notice to the 
                                applicant, on or before the 
                                60th day following the last day 
                                of such 15-day period, 
                                informing the applicant of 
                                whether the Secretary has 
                                approved or disapproved the 
                                application.
                  (C) The procedures may not use eligibility 
                criteria that are supplemental to those 
                established by this chapter.
                  (D) In accordance with subsection (b)(1), the 
                procedures shall require approval of an 
                application if the project meets the 
                eligibility criteria specified in subsection 
                (b)(2).
                  (E) The procedures shall require that any 
                written notice of disapproval of an application 
                identify the eligibility criteria that were not 
                satisfied and contain an explanation of the 
                deficiencies that resulted in failure to meet 
                such criteria.
          (3) Special rules for master credit agreements.--The 
        Secretary shall issue special rules for--
                  (A) processing applications under which 
                financial assistance will be provided under a 
                master credit agreement; and
                  (B) approving or disapproving such 
                applications based on whether the proposed 
                project or program of related projects meets 
                the applicable eligibility criteria specified 
                in section 601(a)(7).
  (f) Application Approval.--Approval of an application for a 
project under subsection (a)(1) qualifies the project for 
execution of a conditional term sheet establishing a 
conditional commitment of credit assistance.
  (g) Federal Requirements.--In addition to the requirements of 
this title for highway projects, chapter 53 of title 49 for 
public transportation projects, and section 5333(a) of title 49 
for rail projects, the following provisions of law shall apply 
to funds made available under this chapter and projects 
assisted with the funds:
          (1) Title VI of the Civil Rights Act of 1964 (42 
        U.S.C. 2000d et seq.).
          (2) The National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
          (3) The Uniform Relocation Assistance and Real 
        Property Acquisition Policies Act of 1970 (42 U.S.C. 
        4601 et seq.).
  (h) Development Phase Activities.--Any credit instrument 
secured under this chapter may be used to finance 100 percent 
of the cost of development phase activities as described in 
section 601(a)(1)(A) if the total amount of the credit 
instrument does not exceed the maximum amount for such 
instrument prescribed in this chapter.

Sec. 603. Secured loans

  (a) In General.--
          (1) Agreements.--Subject to paragraphs (2) through 
        (4), the Secretary may enter into agreements, including 
        master credit agreements, with 1 or more obligors to 
        make secured loans, the proceeds of which shall be 
        used--
                  (A) to finance eligible project costs of any 
                project [selected] approved under section 602; 
                or
                  (B) to refinance interim construction 
                financing of eligible project costs of any 
                project [selected] approved under section 602; 
                or
                  (C) to refinance long-term project 
                obligations or Federal credit instruments if 
                such refinancing provides additional funding 
                capacity for the completion, enhancement, or 
                expansion of any project that--
                          (i) is [selected] approved under 
                        section 602; or

           *       *       *       *       *       *       *

          (3) Risk assessment.--Before entering into an 
        agreement under this subsection, the Secretary, in 
        consultation with the Director of the Office of 
        Management and Budget and each rating agency providing 
        a preliminary rating opinion letter under section 
        [602(b)(2)(B)] 602(c), shall determine an appropriate 
        capital reserve subsidy amount for each secured loan, 
        taking into account such letter.

           *       *       *       *       *       *       *

  (b) Terms and Limitations.--
          (1) In general.--A secured loan under this section 
        with respect to a project shall be on such terms and 
        conditions and contain such covenants, representations, 
        warranties, and requirements (including requirements 
        for audits) as are consistent with this chapter and its 
        purpose and that the Secretary determines appropriate.
          [(2) Maximum amount.--The amount of the secured loan 
        shall not exceed the lesser of 33 percent of the 
        reasonably anticipated eligible project costs or, if 
        the secured loan does not receive an investment grade 
        rating, the amount of the senior project obligations.]
          (2) Maximum amounts.--The amount of the secured loan 
        may not exceed 49 percent of the reasonably anticipated 
        eligible project costs.
          (3) Payment.--The secured loan--
                  (A) shall--
                          (i) be payable, in whole or in part, 
                        from tolls, user fees, payments owing 
                        to the obligor under a public-private 
                        partnership, or other dedicated revenue 
                        sources that also secure the senior 
                        project obligations; and

           *       *       *       *       *       *       *

          (6) Nonsubordination.--The secured loan shall not be 
        subordinated to the claims of any holder of project 
        obligations entered into after the date on which the 
        agreement to provide the secured loan is entered into 
        under this section (except that such obligations do not 
        include project obligations issued to refund prior 
        project obligations or project obligations not 
        contemplated by the parties at the time) in the event 
        of bankruptcy, insolvency, or liquidation of the 
        obligor.

           *       *       *       *       *       *       *

Sec. 604. Lines of credit

  (a) In General.--
          (1) Agreements.--Subject to paragraphs (2) through 
        (4), the Secretary may enter into agreements to make 
        available lines of credit to 1 or more obligors in the 
        form of direct loans to be made by the Secretary at 
        future dates on the occurrence of certain events for 
        any project [selected] approved under section 602.

           *       *       *       *       *       *       *

          (3) Risk assessment.--Before entering into an 
        agreement under this subsection, the Secretary, in 
        consultation with the Director of the Office of 
        Management and Budget and each rating agency providing 
        a preliminary rating opinion letter under section 
        [602(b)(2)(B)] 602(c), shall determine an appropriate 
        capital reserve subsidy amount for each line of credit, 
        taking into account such letter.

           *       *       *       *       *       *       *

  (b) Terms and Limitations.--
          (1) In general.--A line of credit under this section 
        with respect to a project shall be on such terms and 
        conditions and contain such covenants, representations, 
        warranties, and requirements (including requirements 
        for audits) as are consistent with this chapter and its 
        purpose and that the Secretary determines appropriate.
          [(2) Maximum amounts.--The total amount of the line 
        of credit shall not exceed 33 percent of the reasonably 
        anticipated eligible project costs.]
          (2) Maximum amounts.--The total amount of the line of 
        credit may not exceed 49 percent of the reasonably 
        anticipated eligible project costs.

           *       *       *       *       *       *       *

          (5) Security.--The line of credit--
                  (A) shall--
                          (i) be payable, in whole or in part, 
                        from tolls, user fees, payments owing 
                        to the obligor under a public-private 
                        partnership, or other dedicated revenue 
                        sources that also secure the senior 
                        project obligations; and

           *       *       *       *       *       *       *

          (8) Nonsubordination.--A direct loan under this 
        section shall not be subordinated to the claims of any 
        holder of project obligations entered into after the 
        date on which the agreement to provide the direct loan 
        is entered into under this section (except that such 
        obligations do not include project obligations issued 
        to refund prior project obligations or project 
        obligations not contemplated by the parties at the 
        time) in the event of bankruptcy, insolvency, or 
        liquidation of the obligor.

           *       *       *       *       *       *       *

          (10) Relationship to other credit instruments.--A 
        project that receives a line of credit under this 
        section also shall not receive a secured loan or loan 
        guarantee under section 603 of an amount that, combined 
        with the amount of the line of credit, exceeds [33 
        percent] 49 percent of eligible project costs.

           *       *       *       *       *       *       *

Sec. 605. Program administration

  (a) * * *

           *       *       *       *       *       *       *

  (e) Expedited Processing.--The Secretary shall implement 
procedures and measures to economize the time and cost involved 
in obtaining approval and the issuance of credit assistance 
under this chapter.

           *       *       *       *       *       *       *

Sec. 608. Funding

  (a) Funding.--
          [(1) In general.--There is authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to carry out this chapter 
        $122,000,000 for each of fiscal years 2005 through 
        2009.]
          (1) In general.--There is authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Alternative Transportation Account) to carry out 
        this chapter $1,000,000,000 for each of fiscal years 
        2013 through 2016.

           *       *       *       *       *       *       *

          (3) Administrative costs.--From funds made available 
        to carry out this chapter, the Secretary may use, for 
        the administration of this chapter, not more than 
        [$2,200,000 for each of fiscal years 2005 through 2009] 
        $3,250,000 for each of fiscal years 2013 through 2016.
          (4) Projects under a master credit agreement.--The 
        Secretary may commit or conditionally commit to 
        projects covered by master credit agreements not more 
        than 15 percent of the amount of budget authority for 
        each fiscal year under paragraph (1). This limitation 
        does not apply to a project under a master credit 
        agreement that has received final credit approval.

           *       *       *       *       *       *       *

  (c) Exhaustion of Availability.--
          (1) Notice of exhaustion.--Whenever the Secretary 
        fully commits budget authority available in a fiscal 
        year under subparagraph (a)(1), the Secretary shall--
                  (A) publish notice of that fact in the 
                Federal Register; and
                  (B) deliver written notice of that fact to 
                the applicants under all approved and pending 
                applications.
          (2) Election to use other sources for subsidy 
        amount.--An applicant may elect in its application or 
        at any time after receipt of such notice to pay the 
        subsidy amount from available sources other than the 
        budget authority available in a fiscal year under 
        subparagraph (a)(1), including from Federal assistance 
        available to the applicant under this title or chapter 
        53 of title 49.
  (d) Use of Unallocated Funds.--
          (1) Distribution among states.--On September 1 of 
        each fiscal year, the Secretary shall distribute any 
        remaining budget authority made available in subsection 
        (a)(1) among the States in the ratio that--
                  (A) the amount authorized to be apportioned, 
                out of amounts made available from the Highway 
                Trust Fund (other than the Alternative 
                Transportation Account), to each State for the 
                National Highway System program, the surface 
                transportation program, and highway safety 
                improvement program for the fiscal year; bears 
                to
                  (B) the amount authorized to be apportioned, 
                out of amounts made available from the Highway 
                Trust Fund (other than the Alternative 
                Transportation Account), to all States for the 
                National Highway System program, the surface 
                transportation program, and highway safety 
                improvement program for the fiscal year.
          (2) Eligible purposes.--Such budget authority shall 
        be available for any purpose eligible for funding under 
        section 133.

           *       *       *       *       *       *       *

Sec. 610. State infrastructure bank program

  (a) * * *

           *       *       *       *       *       *       *

  (d) Funding.--
          (1) Highway account.--Subject to subsection (j), the 
        Secretary may permit a State entering into a 
        cooperative agreement under this section to establish a 
        State infrastructure bank to deposit into the highway 
        account of the bank not to exceed--
                  (A) [10 percent] 15 percent of the funds 
                apportioned to the State for each of [fiscal 
                years 2005 through 2009] fiscal years 2013 
                through 2016 under each of sections 104(b)(1), 
                104(b)(3), 104(b)(4), and 144; [and]
                  (B) [10 percent] 15 percent of the funds 
                allocated to the State for each of such fiscal 
                years under section 105[.]; and
                  (C) 100 percent of the funds apportioned to 
                the State for each of fiscal years 2013 through 
                2016 under section 611.
          (2) Transit account.--Subject to subsection (j), the 
        Secretary may permit a State entering into a 
        cooperative agreement under this section to establish a 
        State infrastructure bank, and any other recipient of 
        Federal assistance under section 5307, 5309, or 5311 of 
        title 49, to deposit into the transit account of the 
        bank not to exceed [10 percent] 15 percent of the funds 
        made available to the State or other recipient in each 
        of [fiscal years 2005 through 2009] fiscal years 2013 
        through 2016 for capital projects under each of such 
        sections.
          (3) Rail account.--Subject to subsection (j), the 
        Secretary may permit a State entering into a 
        cooperative agreement under this section to establish a 
        State infrastructure bank, and any other recipient of 
        Federal assistance under subtitle V of title 49, to 
        deposit into the rail account of the bank funds made 
        available to the State or other recipient in each of 
        [fiscal years 2005 through 2009] fiscal years 2013 
        through 2016 for capital projects under such subtitle.

           *       *       *       *       *       *       *

  (k) Program Administration.--For each of [fiscal years 2005 
through 2009] fiscal years 2013 through 2016, a State may 
expend not to exceed 2 percent of the Federal funds contributed 
to an infrastructure bank established by the State under this 
section to pay the reasonable costs of administering the bank.

Sec. 611. State infrastructure bank capitalization

  
  (a) Apportionment of Funds.--On October 1 of each fiscal 
year, the Secretary shall apportion amounts made available to 
carry out this section for a fiscal year among the States in 
the ratio that--
          (1) the amount authorized to be apportioned, out of 
        amounts made available from the Highway Trust Fund 
        (other than the Alternative Transportation Account), to 
        each State for the National Highway System program, the 
        surface transportation program, and highway safety 
        improvement program for the fiscal year; bears to
          (2) the amount authorized to be apportioned, out of 
        amounts made available from the Highway Trust Fund 
        (other than the Alternative Transportation Account), to 
        all States for the National Highway System program, the 
        surface transportation program, and highway safety 
        improvement program for the fiscal year.
  (b) Eligible Uses of Funding.--
          (1) In general.--Except as provided in paragraph (2), 
        funds apportioned to a State under subsection (a) shall 
        be used by the State to make capitalization grants to 
        the highway account of the State's infrastructure bank 
        established under section 610.
          (2) Fiscal years 2013 and 2014.--Funds apportioned to 
        a State under subsection (a) for fiscal years 2013 and 
        2014 may be used by the State for eligible projects on 
        the National Highway System, as described in section 
        119(d).
  (c) Reapportionment of Funds.--For fiscal year 2015 and each 
fiscal year thereafter, if by August 1 of the fiscal year a 
State does not obligate the funds apportioned to the State for 
the fiscal year under subsection (a) for providing 
capitalization grants described in subsection (b), the 
Secretary shall reapportion the remaining funds among those 
States that--
          (1) did obligate before such date all of the funds 
        apportioned to the State for the fiscal year under 
        subsection (a); and
          (2) certify to the Secretary that the State will use 
        the additional funds to make capitalization grants 
        described in subsection (b) before the end of the 
        fiscal year.
  (d) Limitation.--Any reapportionment of funds pursuant to 
subsection (d) shall not require a recalculation of percentages 
under section 105.
  (e) Applicability of Federal Law.--The requirements referred 
to in section 610(h) shall apply to any funds apportioned under 
this section.
  (f) Funding.--
          (1) In general.--There is authorized to be 
        appropriated out of the Highway Trust Fund (other than 
        the Alternative Transportation Account) to carry out 
        this section $750,000,000 for each of fiscal years 2013 
        through 2016.
          (2) Contract authority.--Funds made available under 
        paragraph (1) shall be available for obligation in the 
        same manner as if the funds were apportioned under 
        chapter 1.
                              ----------                              

                               SAFETEA-LU

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) [23 U.S.C. 101 note] Short Title.--This Act may be cited 
as the ``Safe, Accountable, Flexible, Efficient Transportation 
Equity Act: A Legacy for Users'' or ``SAFETEA-LU''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:
Sec. 1. Short title; table of contents.
     * * * * * * *

                      TITLE I--FEDERAL-AID HIGHWAYS

                  Subtitle A--Authorization of Programs

     * * * * * * *
[Sec. 1117. Transportation, community, and system preservation program.]
     * * * * * * *

                   Subtitle C--Mobility and Efficiency

[Sec. 1301. Projects of national and regional significance.
[Sec. 1302. National corridor infrastructure improvement program.]
     * * * * * * *
[Sec. 1305. Truck parking facilities.
[Sec. 1306. Freight intermodal distribution pilot grant program.
[Sec. 1307. Deployment of magnetic levitation transportation projects.
[Sec. 1308. Delta region transportation development program.]
     * * * * * * *

                       Subtitle D--Highway Safety

     * * * * * * *
[Sec. 1404. Safe routes to school program.]
     * * * * * * *
[Sec. 1410. National Work Zone Safety Information Clearinghouse.]

            Subtitle E--Construction and Contract Efficiency

     * * * * * * *
[Sec. 1502. Highways for LIFE pilot program.]
     * * * * * * *

                         Subtitle H--Environment

     * * * * * * *
[Sec. 1803. America's Byways Resource Center.
[Sec. 1804. National historic covered bridge preservation.]
     * * * * * * *
[Sec. 1807. Nonmotorized transportation pilot program.]
     * * * * * * *

                        Subtitle I--Miscellaneous

     * * * * * * *
[Sec. 1906. Grant program to prohibit racial profiling.
[Sec. 1907. Pavement marking systems demonstration projects.]
     * * * * * * *
[Sec. 1958. Limitation on project approval.]
     * * * * * * *

                        TITLE II--HIGHWAY SAFETY

     * * * * * * *
[Sec. 2009. High visibility enforcement program.
[Sec. 2010. Motorcyclist safety.
[Sec. 2011. Child safety and child booster seat incentive grants.]
     * * * * * * *
[Sec. 2013. Drug-impaired driving enforcement.
[Sec. 2014. First responder vehicle safety program.]
     * * * * * * *
[Sec. 2016. Rural State emergency medical services optimization pilot 
          program.
[Sec. 2017. Older driver safety; law enforcement training.]
     * * * * * * *

                    TITLE III--PUBLIC TRANSPORTATION

     * * * * * * *
[Sec. 3045. National fuel cell bus technology development program.
[Sec. 3046. Allocations for national research and technology programs.]
     * * * * * * *

                     TITLE IV--MOTOR CARRIER SAFETY

               Subtitle A--Commercial Motor Vehicle Safety

     * * * * * * *
[Sec. 4127. Outreach and education.
[Sec. 4128. Safety data improvement program.]
     * * * * * * *
[Sec. 4134. Grant program for commercial motor vehicle operators.]
     * * * * * * *

                            TITLE V--RESEARCH

     * * * * * * *

         Subtitle C--Intelligent Transportation System Research

     * * * * * * *
[Sec. 5303. Goals and purposes.
[Sec. 5304. Infrastructure development.
[Sec. 5305. General authorities and requirements.
[Sec. 5306. Research and development.
[Sec. 5307. National architecture and standards.
[Sec. 5308. Road weather research and development program.
[Sec. 5309. Centers for surface transportation excellence.
[Sec. 5310. Definitions.]
     * * * * * * *

                       Subtitle E--Other Programs

[Sec. 5501. Transportation safety information management system 
          project.]
     * * * * * * *
[Sec. 5506. Commercial remote sensing products and spatial information 
          technologies.
[Sec. 5507. Rural interstate corridor communications study.]
     * * * * * * *
[Sec. 5511. Motorcycle crash causation study grants.]
     * * * * * * *
[Sec. 5513. Research grants.]
     * * * * * * *

                     TITLE I--FEDERAL-AID HIGHWAYS

Subtitle A--Authorization of Programs

           *       *       *       *       *       *       *

[SEC. 1117. TRANSPORTATION, COMMUNITY, AND SYSTEM PRESERVATION PROGRAM.

  [(a) Establishment.--In cooperation with appropriate State, 
tribal, regional, and local governments, the Secretary shall 
establish a comprehensive program to address the relationships 
among transportation, community, and system preservation plans 
and practices and identify private sector-based initiatives to 
improve such relationships.
  [(b) Purpose.--Through the program under this section, the 
Secretary shall facilitate the planning, development, and 
implementation of strategies to integrate transportation, 
community, and system preservation plans and practices that 
address one or more of the following:
          [(1) Improve the efficiency of the transportation 
        system of the United States.
          [(2) Reduce the impacts of transportation on the 
        environment.
          [(3) Reduce the need for costly future investments in 
        public infrastructure.
          [(4) Provide efficient access to jobs, services, and 
        centers of trade.
          [(5) Examine community development patterns and 
        identify strategies to encourage private sector 
        development that achieves the purposes identified in 
        paragraphs (1) through (4).
  [(c) General Authority.--The Secretary shall allocate funds 
made available to carry out this section to States, 
metropolitan planning organizations, local governments, and 
tribal governments to carry out eligible projects to integrate 
transportation, community, and system preservation plans and 
practices.
  [(d) Eligibility.--A project described in subsection (c) is 
an eligible project under this section if the project--
          [(1) is eligible for assistance under title 23 or 
        chapter 53 of title 49, United States Code; or
          [(2) is to conduct any other activity relating to 
        transportation, community, and system preservation that 
        the Secretary determines to be appropriate, including 
        corridor preservation activities that are necessary to 
        implement one or more of the following:
                  [(A) Transit-oriented development plans.
                  [(B) Traffic calming measures.
                  [(C) Other coordinated transportation, 
                community, and system preservation practices.
  [(e) Criteria.--In allocating funds made available to carry 
out this section, the Secretary shall give priority 
consideration to applicants that--
          [(1) have instituted preservation or development 
        plans and programs that--
                  [(A) are coordinated with State and local 
                preservation or development plans, including 
                transit-oriented development plans;
                  [(B) promote cost-effective and strategic 
                investments in transportation infrastructure 
                that minimize adverse impacts on the 
                environment; or
                  [(C) promote innovative private sector 
                strategies;
          [(2) have instituted other policies to integrate 
        transportation, community, and system preservation 
        practices, such as--
                  [(A) spending policies that direct funds to 
                high-growth areas;
                  [(B) urban growth boundaries to guide 
                metropolitan expansion;
                  [(C) ``green corridors'' programs that 
                provide access to major highway corridors for 
                areas targeted for efficient and compact 
                development; or
                  [(D) other similar programs or policies as 
                determined by the Secretary;
          [(3) have preservation or development policies that 
        include a mechanism for reducing potential impacts of 
        transportation activities on the environment;
          [(4) demonstrate a commitment to public and private 
        involvement, including the involvement of 
        nontraditional partners in the project team; and
          [(5) examine ways to encourage private sector 
        investments that address the purposes of this section.
  [(f) Equitable Distribution.--In allocating funds to carry 
out this section, the Secretary shall ensure the equitable 
distribution of funds to a diversity of populations and 
geographic regions.
  [(g) Funding.--
          [(1) In general.--There is authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to carry out this section 
        $25,000,000 for fiscal year 2005 and $61,250,000 for 
        each of fiscal years 2006 through 2009.
          [(2) Contract authority.--Funds made available to 
        carry out this section shall be available for 
        obligation in the same manner as if the funds were 
        apportioned under chapter 1 of title 23, United States 
        Code; except that such funds shall not be transferable, 
        and the Federal share for projects and activities 
        carried out with such funds shall be determined in 
        accordance with section 120(b) of title 23, United 
        States Code.]

           *       *       *       *       *       *       *

                  Subtitle C--Mobility and Efficiency

[SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.

  [(a) Findings.--Congress finds the following:
          [(1) Under current law, surface transportation 
        programs rely primarily on formula capital 
        apportionments to States.
          [(2) Despite the significant increase for surface 
        transportation program funding in the Transportation 
        Equity Act of the 21st Century, current levels of 
        investment are insufficient to fund critical high-cost 
        transportation infrastructure facilities that address 
        critical national economic and transportation needs.
          [(3) Critical high-cost transportation infrastructure 
        facilities often include multiple levels of government, 
        agencies, modes of transportation, and transportation 
        goals and planning processes that are not easily 
        addressed or funded within existing surface 
        transportation program categories.
          [(4) Projects of national and regional significance 
        have national and regional benefits, including 
        improving economic productivity by facilitating 
        international trade, relieving congestion, and 
        improving transportation safety by facilitating 
        passenger and freight movement.
          [(5) The benefits of projects described in paragraph 
        (4) accrue to local areas, States, and the Nation as a 
        result of the effect such projects have on the national 
        transportation system.
          [(6) A program dedicated to constructing projects of 
        national and regional significance is necessary to 
        improve the safe, secure, and efficient movement of 
        people and goods throughout the United States and 
        improve the health and welfare of the national economy.
  [(b) Establishment of Program.--The Secretary shall establish 
a program to provide grants to States for projects of national 
and regional significance.
  [(c) Definitions.--In this section, the following definitions 
apply:
          [(1) 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; and
                  [(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, and operational 
                improvements.
          [(2) Eligible project.--The term ``eligible project'' 
        means any surface transportation project eligible for 
        Federal assistance under title 23, United States Code, 
        including freight railroad projects and activities 
        eligible under such title.
          [(3) State.--The term ``State'' has the meaning such 
        term has in section 101(a) of title 23, United States 
        Code.
  [(d) Eligibility.--To be eligible for assistance under this 
section, a project shall have eligible project costs that are 
reasonably anticipated to equal or exceed the lesser of--
          [(1) $500,000,000; or
          [(2) 75 percent of the amount of Federal highway 
        assistance funds apportioned for the most recently 
        completed fiscal year to the State in which the project 
        is located.
  [(e) Applications.--Each State seeking to receive a grant 
under this section for an eligible project shall submit to the 
Secretary an application in such form and in accordance with 
such requirements as the Secretary shall establish.
  [(f) Competitive Grant Selection and Criteria for Grants.--
          [(1) In general.--The Secretary shall--
                  [(A) establish criteria for selecting among 
                projects that meet the eligibility criteria 
                specified in subsection (d);
                  [(B) conduct a national solicitation for 
                applications; and
                  [(C) award grants on a competitive basis.
          [(2) Criteria for grants.--The Secretary may approve 
        a grant under this section for a project only if the 
        Secretary determines that the project--
                  [(A) is based on the results of preliminary 
                engineering;
                  [(B) is justified based on the ability of the 
                project--
                          [(i) to generate national economic 
                        benefits, including creating jobs, 
                        expanding business opportunities, and 
                        impacting the gross domestic product;
                          [(ii) to reduce congestion, including 
                        impacts in the State, region, and 
                        Nation;
                          [(iii) to improve transportation 
                        safety, including reducing 
                        transportation accidents, injuries, and 
                        fatalities;
                          [(iv) to otherwise enhance the 
                        national transportation system; and
                          [(v) to garner support for non-
                        Federal financial commitments and 
                        provide evidence of stable and 
                        dependable financing sources to 
                        construct, maintain, and operate the 
                        infrastructure facility; and
                  [(C) 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.
          [(3) Selection considerations.--In selecting a 
        project under this section, 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) uses new technologies, including 
                intelligent transportation systems, that 
                enhance the efficiency of the project; and
                  [(C) helps maintain or protect the 
                environment.
          [(4) Preliminary engineering.--In evaluating a 
        project under paragraph (2)(A), the Secretary shall 
        analyze and consider the results of preliminary 
        engineering for the project.
          [(5) Non-federal financial commitment.--
                  [(A) Evaluation of project.--In evaluating a 
                project under paragraph (2)(C), the Secretary 
                shall require that--
                          [(i) the proposed project plan 
                        provides for the availability of 
                        contingency amounts that the Secretary 
                        determines to be reasonable to cover 
                        unanticipated cost increases; and
                          [(ii) each proposed non-Federal 
                        source of capital and operating 
                        financing is stable, reliable, and 
                        available within the proposed project 
                        timetable.
                  [(B) Considerations.--In assessing the 
                stability, reliability, and availability of 
                proposed sources of non-Federal financing under 
                subparagraph (A), the Secretary shall 
                consider--
                          [(i) existing financial commitments;
                          [(ii) the degree to which financing 
                        sources are dedicated to the purposes 
                        proposed;
                          [(iii) any debt obligation that 
                        exists or is proposed by the recipient 
                        for the proposed project; and
                          [(iv) the extent to which the project 
                        has a non-Federal financial commitment 
                        that exceeds the required non-Federal 
                        share of the cost of the project.
          [(6) Regulations.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary shall 
        issue regulations on the manner in which the Secretary 
        will evaluate and rate the projects based on the 
        results of preliminary engineering, project 
        justification, and the degree of non-Federal financial 
        commitment, as required under this subsection.
          [(7) Project evaluation and rating.--
                  [(A) In general.--A proposed project may 
                advance from preliminary engineering to final 
                design and construction only if the Secretary 
                finds that the project meets the requirements 
                of this subsection and there is a reasonable 
                likelihood that the project will continue to 
                meet such requirements.
                  [(B) Evaluation and rating.--In making such 
                findings, the Secretary shall evaluate and rate 
                the project as ``highly recommended'', 
                ``recommended'', or ``not recommended'' based 
                on the results of preliminary engineering, the 
                project justification criteria, and the degree 
                of non-Federal financial commitment, as 
                required under this subsection. In rating the 
                projects, the Secretary shall provide, in 
                addition to the overall project rating, 
                individual ratings for each of the criteria 
                established under the regulations issued under 
                paragraph (6).
  [(g) Letters of Intent and Full Funding Grant Agreements.--
          [(1) Letter of intent.--
                  [(A) In general.--The Secretary may issue a 
                letter of intent to an applicant announcing an 
                intention to obligate, for a project under this 
                section, an amount from future available budget 
                authority specified in law that is not more 
                than the amount stipulated as the financial 
                participation of the Secretary in the project.
                  [(B) Notification.--At least 60 days before 
                issuing a letter under subparagraph (A) or 
                entering into a full funding grant agreement, 
                the Secretary shall notify in writing the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives and the 
                Committee on Environment and Public Works of 
                the Senate of the proposed letter or agreement. 
                The Secretary shall include with the 
                notification a copy of the proposed letter or 
                agreement as well as the evaluations and 
                ratings for the project.
                  [(C) Not an obligation.--The issuance of a 
                letter is deemed not to be an obligation under 
                sections 1108(c), 1108(d), 1501, and 1502(a) of 
                title 31, United States Code, or an 
                administrative commitment.
                  [(D) Obligation or commitment.--An obligation 
                or administrative commitment may be made only 
                when contract authority is allocated to a 
                project.
          [(2) Full funding grant agreement.--
                  [(A) In general.--A project financed under 
                this subsection shall be carried out through a 
                full funding grant agreement. The Secretary 
                shall enter into a full funding grant agreement 
                based on the evaluations and ratings required 
                under subsection (f)(7).
                  [(B) Terms.--If the Secretary makes a full 
                funding grant agreement with an applicant, the 
                agreement shall--
                          [(i) establish the terms of 
                        participation by the United States 
                        Government in a project under this 
                        section;
                          [(ii) establish the maximum amount of 
                        Government financial assistance for the 
                        project;
                          [(iii) cover the period of time for 
                        completing the project, including a 
                        period extending beyond the period of 
                        an authorization; and
                          [(iv) make timely and efficient 
                        management of the project easier 
                        according to the laws of the United 
                        States.
                  [(C) Agreement.--An agreement under this 
                paragraph obligates an amount of available 
                budget authority specified in law and may 
                include a commitment, contingent on amounts to 
                be specified in law in advance for commitments 
                under this paragraph, to obligate an additional 
                amount from future available budget authority 
                specified in law. The agreement shall state 
                that the contingent commitment is not an 
                obligation of the Government. Interest and 
                other financing costs of efficiently carrying 
                out a part of the project within a reasonable 
                time are a cost of carrying out the project 
                under a full funding grant agreement, except 
                that eligible costs may not be more than the 
                cost of the most favorable financing terms 
                reasonably available for the project at the 
                time of borrowing. The applicant shall certify, 
                in a way satisfactory to the Secretary, that 
                the applicant has shown reasonable diligence in 
                seeking the most favorable financing terms.
          [(3) Amounts.--The total estimated amount of future 
        obligations of the Government and contingent 
        commitments to incur obligations covered by all 
        outstanding letters of intent and full funding grant 
        agreements may be not more than the greater of the 
        amount authorized to carry out this section or an 
        amount equivalent to the last 2 fiscal years of funding 
        authorized to carry out this section less an amount the 
        Secretary reasonably estimates is necessary for grants 
        under this section not covered by a letter. The total 
        amount covered by new letters and contingent 
        commitments included in full funding grant agreements 
        may be not more than a limitation specified in law.
  [(h) Grant Requirements.--
          [(1) In general.--A grant for a project under this 
        section shall be subject to all of the requirements of 
        title 23, United States Code.
          [(2) 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.
  [(i) Government's Share of Project Cost.--Based on 
engineering studies, studies of economic feasibility, and 
information on the expected use of equipment or facilities, the 
Secretary shall estimate the cost of a project receiving 
assistance under this section. A grant for the project is for 
80 percent of the project cost, unless the grant recipient 
requests a lower grant percentage. A refund or reduction of the 
remainder may be made only if a refund of a proportional amount 
of the grant of the Government is made at the same time.
  [(j) Fiscal Capacity Considerations.--If the Secretary gives 
priority consideration to financing projects that include more 
than the non-Government share required under subsection (i) the 
Secretary shall give equal consideration to differences in the 
fiscal capacity of State and local governments.
  [(k) Reports.--
          [(1) Annual report.--Not later than the first Monday 
        in February of each year, 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 
        that includes a proposal on the allocation of amounts 
        to be made available to finance grants under this 
        section.
          [(2) Recommendations on funding.--The annual report 
        under this paragraph shall include evaluations and 
        ratings, as required under subsection (f). The report 
        shall also include recommendations of projects for 
        funding based on the evaluations and ratings and on 
        existing commitments and anticipated funding levels for 
        the next 3 fiscal years and for the next 10 fiscal 
        years based on information currently available to the 
        Secretary.
  [(l) Applicability of Title 23.--Funds made available to 
carry out this section shall be available for obligation in the 
same manner as if such funds were apportioned under chapter 1 
of title 23, United States Code; except that such funds shall 
not be transferable and shall remain available until expended 
and the Federal share of the cost of a project under this 
section shall be as provided in this section.
  [(m) Designated Projects.--Notwithstanding any other 
provision of this section, the Secretary shall allocate for 
each of fiscal years 2005, 2006, 2007, 2008, and 2009, from 
funds made available to carry out this section, 10 percent, 20 
percent, 25 percent, 25 percent, and 20 percent respectively, 
of the following amounts for grants to carry out the following 
projects under this section:

------------------------------------------------------------------------
     [No.          State          Project Description         Amount
------------------------------------------------------------------------
1.             CA             Bakersfield Beltway System    $140,000,000
2.             VA, WV, OH     Heartland Corridor Project     $90,000,000
                               including multiple
                               intermodal facility
                               improvements and
                               improvements to
                               facilitate the movement
                               of intermodal freight
                               from VA to OH............
3.             CA             Roadway improvements in        $55,000,000
                               and around the former
                               Norton Air Force Base as
                               part of the Inland Empire
                               Goods Movement Gateway
                               project..................
4.             MI             $7,400,000 for planning,       $20,000,000
                               design, and construction
                               of a new American border
                               plaza at the Blue Water
                               Bridge in or near Port
                               Huron; $12,600,000 for
                               integrated highway
                               realignment and grade
                               separations at Port Huron
                               to eliminate road
                               blockages from NAFTA rail
                               traffic..................
5.             IL             Construction of O'Hare        $140,000,000
                               Bypass/Elgin O'Hare
                               Extension................
6.             WI             Reconstruction of the          $30,000,000
                               Marquette Interchange,
                               Milwaukee WI.............
7.             IL             CREATE....................    $100,000,000
8.             OR             I-5 Bridge repair,            $160,000,000
                               replacement and
                               associated improvements
                               in the I-5 corridor......
9.             CA             Alameda Corridor East.....    $125,000,000
10.            IL             Mississippi River Bridge      $150,000,000
                               and related roads........
11.            CA             Transbay Terminal.........     $27,000,000
12.            NY             Cross Harbor Freight          $100,000,000
                               Movement Project, New
                               York.....................
13.            WA             Alaska Way Viaduct and        $100,000,000
                               Seawall Replacement......
14.            CA             Gerald Desmond/I-710          $100,000,000
                               Gateway Project..........
15.            CO             Denver's Union Station....     $50,000,000
16.            MN             Union Depot Multimodal         $50,000,000
                               Transit Facility.........
17.            CA             Sacramento Intermodal           $3,000,000
                               Station..................
18.            NJ             Liberty Corridor..........    $100,000,000
19.            NM             For purposes of                $14,000,000
                               construction and other
                               related transportation
                               improvements associated
                               with the rail yard
                               relocation in the
                               vicinity of Santa Teresa.
20.            PA             Route 23/US 422                $20,000,000
                               Interchange Modernization
                               and Route 363/US 422
                               Interchange Improvement
                               Project and U.S. 422
                               Widening, Montgomery
                               County, PA...............
21.            PA             Route 28 Widening and          $15,000,000
                               improvements, Allegheny
                               County, PA...............
22.            PA             Redesign and                   $15,000,000
                               reconstruction of
                               interchanges 298 and 299
                               of I-80 and accompanying
                               improvements to any other
                               public roads in the
                               vicinity, Monroe County..
23.            SC             I-73, Construction of I-73     $40,000,000
                               from Myrtle Beach, SC to
                               I-95, ending at the North
                               Carolina State line......
24.            VA             Rail Relocation to route       $15,000,000
                               164/I-664 rail corridor,
                               Portsmouth...............
25.            WA             Replacement of the Alaskan    $120,000,000
                               Way Viaduct and Seawall
                               in Seattle...............
------------------------------------------------------------------------

[SEC. 1302. NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM.

  [(a) In General.--The Secretary shall establish and implement 
a program to make allocations to States for highway 
construction projects in corridors of national significance to 
promote economic growth and international or interregional 
trade pursuant to the selection factors provided in this 
section. A State must submit an application to the Secretary in 
order to receive an allocation under this section.
  [(b) Selection Process.--
          [(1) Priority.--In the selection process under this 
        section, the Secretary shall give priority to projects 
        in corridors that are a part of, or will be designated 
        as part of, the Dwight D. Eisenhower National System of 
        Interstate and Defense Highways after completion of the 
        work described in the application received by the 
        Secretary and to any project that will be completed 
        within 5 years of the date of the allocation of funds 
        for the project.
          [(2) Selection factors.--In making allocations under 
        this section, the Secretary shall consider the 
        following factors:
                  [(A) The extent to which the corridor 
                provides a link between two existing segments 
                of the Interstate System.
                  [(B) The extent to which the project will 
                facilitate major multistate or regional 
                mobility and economic growth and development in 
                areas underserved by existing highway 
                infrastructure.
                  [(C) The extent to which commercial vehicle 
                traffic in the corridor--
                          [(i) has increased since the date of 
                        enactment of the North American Free 
                        Trade Agreement Implementation Act (16 
                        U.S.C. 4401 et seq.); and
                          [(ii) is projected to increase in the 
                        future.
                  [(D) The extent to which international truck-
                borne commodities move through the corridor.
                  [(E) The extent to which the project will 
                make improvements to an existing segment of the 
                Interstate System that will result in a 
                decrease in congestion.
                  [(F) The reduction in commercial and other 
                travel time through a major freight corridor 
                expected as a result of the project.
                  [(G) The value of the cargo carried by 
                commercial vehicle traffic in the corridor and 
                the economic costs arising from congestion in 
                the corridor.
                  [(H) The extent of leveraging of Federal 
                funds provided to carry out this section, 
                including--
                          [(i) use of innovative financing;
                          [(ii) combination with funding 
                        provided under other sections of this 
                        Act and title 23, United States Code; 
                        and
                          [(iii) combination with other sources 
                        of Federal, State, local, or private 
                        funding.
  [(c) Applicability of Title 23.--Funds made available by 
section 1101(a)(10) of this Act to carry out this section shall 
be available for obligation in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United States 
Code; except that such funds shall remain available until 
expended, and the Federal share of the cost of a project under 
this section shall be determined in accordance with section 120 
of such title.
  [(d) State Defined.--In this section, the term ``State'' has 
the meaning such term has in section 101(a) of title 23, United 
States Code.
  [(e) Designated Projects.--The Secretary shall allocate for 
each of fiscal years 2005, 2006, 2007, 2008, and 2009, from 
funds made available to carry out this section, 10 percent, 20 
percent, 25 percent, 25 percent, and 20 percent respectively, 
of the following amounts for grants to carry out the following 
projects under this section:

------------------------------------------------------------------------
     [No.          State          Project Description         Amount
------------------------------------------------------------------------
1.             TX, LA, AR,    Planning, Design, and          $50,000,000
                MS, TN, KY,    Construction of I-69 in
                IN             TX, LA, AR, MS, TN, KY,
                               and IN...................
2.             LA             Improvements to Louisiana      $20,000,000
                               Highway 1 between the
                               Caminada Bridge and the
                               intersection of LA
                               Highway 1 and U.S. 90....
3.             MD             Planning, design, and          $10,000,000
                               construction of the Inter
                               County Connector in
                               Montgomery and Prince
                               Georges County in
                               Maryland.................
4.             CA             Centennial Corridor Loop      $330,000,000
                               in Bakersfield...........
5.             VA             Construction of dedicated     $100,000,000
                               truck lanes on additional
                               capacity in I-81 in VA...
6.             CA             Design, Planning and          $100,000,000
                               Construction of State
                               Route 178 in Bakersfield.
7.             CA             Widening of Rosedale           $60,000,000
                               Highway between SR 43 and
                               SR 99 in Bakersfield and
                               widening of SR 178
                               between SR 99 and D
                               street in Bakersfield....
8.             LA             Construction of the 36        $150,000,000
                               mile segment of I-49 in
                               LA between the Arkansas
                               State line and I-220 in
                               Shreveport...............
9.             AR             Construction of an             $40,000,000
                               extension of I-530 from
                               Pine Bluff, Arkansas to
                               Wilmar, Arkansas to
                               interstate specifications
10.            IL             Construction of the U.S. I-   $152,000,000
                               80 to I-88 North-South
                               Connector in Illinois....
11.            WI             Construction and               $30,000,000
                               reconstruction of the
                               U.S. Highway 41 corridor
                               between Milwaukee and
                               Green Bay, Wisconsin.....
12.            IL             Construction of Route 34       $55,000,000
                               Interchange and
                               improvements in Illinois.
13.            CA             Increase capacity on I-80      $50,000,000
                               between Sacrament/Placer
                               County Line and SR 65....
14.            AK             Planning, design, and          $30,000,000
                               construction of Knik Arm
                               Bridge...................
15.            IA, IL         Planning, design, right-of-    $15,000,000
                               way acquisition and
                               construction of the
                               Interstate Route 74
                               bridge from Bettendorf,
                               Iowa, to Moline, Illinois
16.            AR             Planning, design, and          $20,000,000
                               construction of the I-49/
                               Bella Vista Bypass in
                               Arkansas.................
17.            SC             Planning, design, and          $10,000,000
                               construction of the I-73
                               corridor of national
                               significance in South
                               Carolina.................
18.            CA             I-405 HOV lane............    $100,000,000
19.            AR             I-69 Corridor, including       $75,000,000
                               the Great River Bridge...
20.            MN             Falls-to-Falls Corridor...     $50,000,000
21.            DC             Frederick Douglass             $75,000,000
                               Memorial Bridge..........
22.            CT             Pearl Harbor Memorial          $35,000,000
                               Bridge...................
23.            IN             Improvements to State Road     $10,000,000
                               312, Hammond.............
24.            CA             State Route 4 East Upgrade     $20,000,000
25.            LA             LA 1 Replacement..........      $5,000,000
26.            AZ             State Route 85 Upgrade....      $3,000,000
27.            WV             I-73/I-74 Corridor........     $50,000,000
28.            LA             Construction of I-49 North     $27,500,000
                               from Shreveport,
                               Louisiana to Arkansas
                               State line (I-220 to AR
                               Line)....................
29.            LA             Transportation                 $27,500,000
                               improvements to I-49
                               South....................
30.            OK             Ports to Plain Corridor in     $35,000,000
                               Oklahoma.................
31.            TN             For design, ROW and           $100,000,000
                               construction of
                               Interstate 69............
32.            CO             U.S. 287, Ports-to-Plains       $3,000,000
                               Corridor.................
33.            OK             State of Oklahoma I-44       $110,000,000]
                               from Riverside to Yale
                               Avenue in Tulsa..........
------------------------------------------------------------------------

                                                          

           *       *       *       *       *       *       *
[SEC. 1305. TRUCK PARKING FACILITIES.

  [(a) Establishment.--In cooperation with appropriate State, 
regional, and local governments, the Secretary shall establish 
a pilot program to address the shortage of long-term parking 
for commercial motor vehicles on the National Highway System.
  [(b) Allocation of Funds.--
          [(1) In general.--The Secretary shall allocate funds 
        made available to carry out this section among States, 
        metropolitan planning organizations, and local 
        governments.
          [(2) Applications.--To be eligible for an allocation 
        under this section, a State (as defined in section 
        101(a) of title 23, United States Code), metropolitan 
        planning organization, or local government shall submit 
        to the Secretary an application at such time and 
        containing such information as the Secretary may 
        require.
          [(3) Eligible projects.--Funds allocated under this 
        subsection shall be used by the recipient for projects 
        described in an application approved by the Secretary. 
        Such projects shall serve the National Highway System 
        and 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.
          [(4) Priority.--In allocating funds made available to 
        carry out this section, the Secretary shall give 
        priority to applicants that--
                  [(A) demonstrate a severe shortage of 
                commercial motor vehicle parking capacity in 
                the corridor to be addressed;
                  [(B) have consulted with affected State and 
                local governments, community groups, private 
                providers of commercial motor vehicle parking, 
                and motorist and trucking organizations; and
                  [(C) demonstrate that their proposed projects 
                are likely to have positive effects on highway 
                safety, traffic congestion, or air quality.
  [(c) Report to Congress.--Not later than 3 years after the 
date of enactment of this Act, the Secretary shall submit to 
Congress a report on the results of the pilot program.
  [(d) Funding.--
          [(1) In general.--There is authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to carry out this section 
        $6,250,000 for each of fiscal years 2006 through 2009.
          [(2) Contract authority.--Funds authorized under this 
        subsection shall be available for obligation in the 
        same manner as if the funds were apportioned under 
        chapter 1 of title 23, United States Code; except that 
        such funds shall not be transferable and shall remain 
        available until expended, and the Federal share of the 
        cost of a project under this section shall be 
        determined in accordance with sections 120(b) and 
        120(c) of such title.
  [(e) Treatment of Projects.--Notwithstanding any other 
provision of law, projects funded under this section shall be 
treated as projects on a Federal-aid system under chapter 1 of 
title 23, United States Code.

[SEC. 1306. FREIGHT INTERMODAL DISTRIBUTION PILOT GRANT PROGRAM.

  [(a) In General.--The Secretary shall establish and implement 
a freight intermodal distribution pilot grant program.
  [(b) Purposes.--The purposes of the program established under 
subsection (a) shall be for the Secretary to make grants to 
States--
          [(1) to facilitate and support intermodal freight 
        transportation initiatives at the State and local 
        levels to relieve congestion and improve safety; and
          [(2) to provide capital funding to address 
        infrastructure and freight distribution needs at inland 
        ports and intermodal freight facilities.
  [(c) Eligible Projects.--Projects for which grants may be 
made under this section shall help relieve congestion, improve 
transportation safety, facilitate international trade, and 
encourage public-private partnership and may include projects 
for the development and construction of intermodal freight 
distribution and transfer facilities at inland ports.
  [(d) Selection Process.--
          [(1) Applications.--A State (as defined in section 
        101(a) of title 23, United States Code) shall submit 
        for approval by the Secretary an application for a 
        grant under this section containing such information as 
        the Secretary may require to receive such a grant.
          [(2) Priority.--In selecting projects for grants, the 
        Secretary shall give priority to projects that will--
                  [(A) reduce congestion into and out of 
                international ports located in the United 
                States;
                  [(B) demonstrate ways to increase the 
                likelihood that freight container movements 
                involve freight containers carrying goods; and
                  [(C) establish or expand intermodal 
                facilities that encourage the development of 
                inland freight distribution centers.
          [(3) Designated projects.--Subject to the provisions 
        of this section, the Secretary shall allocate for each 
        of fiscal years 2005 through 2009, from funds made 
        available to carry out this section, 20 percent of the 
        following amounts for grants to carry out the following 
        projects under this section:
                  [(A) Short-haul intermodal projects, Oregon, 
                $5,000,000.
                  [(B) The Georgia Port Authority, $5,000,000.
                  [(C) The ports of Los Angeles and Long Beach, 
                California, $5,000,000.
                  [(D) Fairbanks, Alaska, $5,000,000.
                  [(E) Charlotte Douglas International Airport 
                Freight Intermodal Facility, North Carolina, 
                $5,000,000.
                  [(F) South Piedmont Freight Intermodal 
                Center, North Carolina, $5,000,000.
  [(e) Use of Grant Funds.--Funds made available to a recipient 
of a grant under this section shall be used by the recipient 
for the project described in the application of the recipient 
approved by the Secretary.
  [(f) Report.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall submit to Congress a 
report on the results of the pilot program carried out under 
this section.
  [(g) Funding.--
          [(1) In general.--There is authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to carry out this section 
        $6,000,000 for each of fiscal years 2005 through 2009.
          [(2) Contract authority.--Funds authorized by this 
        subsection shall be available for obligation in the 
        same manner as if the funds were apportioned under 
        chapter 1 of title 23, United States Code; except that 
        such funds shall not be transferable and shall remain 
        available until expended, and the Federal share of the 
        cost of a project under this section shall be 
        determined in accordance with section 120 of such 
        title.
  [(h) Treatment of Projects.--Notwithstanding any other 
provision of law, projects for which grants are made under this 
section shall be treated as projects on a Federal-aid system 
under chapter 1 of title 23, United States Code.

[SEC. 1307. DEPLOYMENT OF MAGNETIC LEVITATION TRANSPORTATION PROJECTS.

  [(a) Definitions.--In this section, the following definitions 
apply:
          [(1) Eligible project costs.--The term ``eligible 
        project costs''--
                  [(A) means the capital cost of the fixed 
                guideway infrastructure of a MAGLEV project, 
                including land, piers, guideways, propulsion 
                equipment and other components attached to 
                guideways, power distribution facilities 
                (including substations), control and 
                communications facilities, access roads, and 
                storage, repair, and maintenance facilities, 
                but not including costs incurred for a new 
                station; and
                  [(B) includes the costs of preconstruction 
                planning activities.
          [(2) Full project costs.--The term ``full project 
        costs'' means the total capital costs of a MAGLEV 
        project, including eligible project costs and the costs 
        of stations, vehicles, and equipment.
          [(3) MAGLEV.--The term ``MAGLEV'' means 
        transportation systems employing magnetic levitation 
        that would be capable of safe use by the public at a 
        speed in excess of 240 miles per hour.
          [(4) State.--The term ``State'' has the meaning such 
        term has under section 101(a) of title 23, United 
        States Code.
  [(b) In General.--
          [(1) Assistance for eligible projects.--The Secretary 
        shall make available financial assistance to pay the 
        Federal share of full project costs of eligible 
        projects authorized by this section.
          [(2) Use of assistance.--Financial assistance 
        provided under paragraph (1) shall be used only to pay 
        eligible project costs of projects authorized by this 
        section.
          [(3) Applicability of other laws.--Financial 
        assistance made available under this section, and 
        projects assisted with such assistance, shall be 
        subject to section 5333(a) of title 49, United States 
        Code.
  [(c) Project Eligibility.--To be eligible to receive 
financial assistance under subsection (b), a project shall--
          [(1) involve a segment or segments of a high-speed 
        ground transportation corridor;
          [(2) result in an operating transportation facility 
        that provides a revenue producing service; and
          [(3) be approved by the Secretary based on an 
        application submitted to the Secretary by a State or 
        authority designated by one or more States.
  [(d) Allocation.--Of the amounts made available to carry out 
this section for a fiscal year, the Secretary shall allocate--
          [(1) 50 percent to the Nevada department of 
        transportation who shall cooperate with the California-
        Nevada Super Speed Train Commission for the MAGLEV 
        project between Las Vegas and Primm, Nevada, as a 
        segment of the high-speed MAGLEV system between Las 
        Vegas, Nevada, and Anaheim, California; and
          [(2) 50 percent for existing MAGLEV projects located 
        east of the Mississippi River using such criteria as 
        the Secretary deems appropriate.
  [(e) Contract Authority.--Funds authorized under section 
1101(a)(18) shall be available for obligation in the same 
manner as if the funds were apportioned under chapter 1 of 
title 23, United States Code; except that the funds shall not 
be transferable and shall remain available until expended, and 
the Federal share of the cost of a project to be carried out 
with such funds shall be 80 percent.

[SEC. 1308. DELTA REGION TRANSPORTATION DEVELOPMENT PROGRAM.

  [(a) In General.--The Secretary shall carry out a program in 
the 8 States comprising the Delta Region (Alabama, Arkansas, 
Illinois, Kentucky, Louisiana, Mississippi, Missouri, and 
Tennessee) to--
          [(1) support and encourage multistate transportation 
        planning and corridor development;
          [(2) provide for transportation project development;
          [(3) facilitate transportation decisionmaking; and
          [(4) support transportation construction.
  [(b) Eligible Recipients.--A State transportation department 
or metropolitan planning organization in a Delta Region State 
may receive and administer funds provided under the program.
  [(c) Eligible Activities.--The Secretary shall make 
allocations under the program for multistate highway planning, 
development, and construction projects.
  [(d) Other Provisions Regarding Eligibility.--All activities 
funded under this program shall be consistent with the 
continuing, cooperative, and comprehensive planning processes 
required by sections 134 and 135 of title 23, United States 
Code.
  [(e) Selection Criteria.--The Secretary shall select projects 
to be carried out under the program based on--
          [(1) whether the project is located--
                  [(A) in an area under the authority of the 
                Delta Regional Authority; and
                  [(B) on a Federal-aid highway;
          [(2) endorsement of the project by the State 
        department of transportation; and
          [(3) evidence of the ability of the recipient of 
        funds provided under the program to complete the 
        project.
  [(f) Program Priorities.--In administering the program, the 
Secretary shall--
          [(1) encourage State and local officials to work 
        together to develop plans for multimodal and 
        multijurisdictional transportation decisionmaking; and
          [(2) give priority to projects that emphasize 
        multimodal planning, including planning for operational 
        improvements that--
                  [(A) increase the mobility of people and 
                goods;
                  [(B) improve the safety of the transportation 
                system with respect to catastrophic natural 
                disasters or disasters caused by human 
                activity; and
                  [(C) contribute to the economic vitality of 
                the area in which the project is being carried 
                out.
  [(g) Federal Share.--Amounts provided by the Delta Regional 
Authority to carry out a project under this subsection may be 
applied to the non-Federal share of the project required by 
section 120 of title 23, United States Code.
  [(h) Funding.--
          [(1) In general.--There is authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to carry out this section 
        $10,000,000 for each of fiscal years 2006 through 2009.
          [(2) Contract authority.--Funds made available to 
        carry out this section shall be available for 
        obligation in the same manner as if such funds were 
        apportioned under chapter 1 of title 23, United States 
        Code; except that such funds shall not be transferable 
        and shall remain available until expended.]

           *       *       *       *       *       *       *

Subtitle D--Highway Safety

           *       *       *       *       *       *       *

[SEC. 1404. SAFE ROUTES TO SCHOOL PROGRAM.

  [(a) Establishment.--Subject to the requirements of this 
section, the Secretary shall establish and carry out a safe 
routes to school program for the benefit of children in primary 
and middle schools.
  [(b) Purposes.--The purposes of the program shall be--
          [(1) to enable and encourage children, including 
        those with disabilities, to walk and bicycle to school;
          [(2) to make bicycling and walking to school a safer 
        and more appealing transportation alternative, thereby 
        encouraging a healthy and active lifestyle from an 
        early age; and
          [(3) to facilitate the planning, development, and 
        implementation of projects and activities that will 
        improve safety and reduce traffic, fuel consumption, 
        and air pollution in the vicinity of schools.
  [(c) Apportionment of Funds.--
          [(1) In general.--Subject to paragraphs (2), (3), and 
        (4), amounts made available to carry out this section 
        for a fiscal year shall be apportioned among the States 
        in the ratio that--
                  [(A) the total student enrollment in primary 
                and middle schools in each State; bears to
                  [(B) the total student enrollment in primary 
                and middle schools in all States.
          [(2) Minimum apportionment.--No State shall receive 
        an apportionment under this section for a fiscal year 
        of less than $1,000,000.
          [(3) Set-aside for administrative expenses.--Before 
        apportioning under this subsection amounts made 
        available to carry out this section for a fiscal year, 
        the Secretary shall set aside not more than $3,000,000 
        of such amounts for the administrative expenses of the 
        Secretary in carrying out this subsection.
          [(4) Determination of student enrollments.--
        Determinations under this subsection concerning student 
        enrollments shall be made by the Secretary.
  [(d) Administration of Amounts.--Amounts apportioned to a 
State under this section shall be administered by the State's 
department of transportation.
  [(e) Eligible Recipients.--Amounts apportioned to a State 
under this section shall be used by the State to provide 
financial assistance to State, local, tribal, and regional 
agencies, including nonprofit organizations, that demonstrate 
an ability to meet the requirements of this section.
  [(f) Eligible Projects and Activities.--
          [(1) Infrastructure-related projects.--
                  [(A) In general.--Amounts apportioned to a 
                State under this section may be used for the 
                planning, design, and construction of 
                infrastructure-related projects that will 
                substantially improve the ability of students 
                to walk and bicycle to school, including 
                sidewalk improvements, traffic calming and 
                speed reduction improvements, pedestrian and 
                bicycle crossing improvements, on-street 
                bicycle facilities, off-street bicycle and 
                pedestrian facilities, secure bicycle parking 
                facilities, and traffic diversion improvements 
                in the vicinity of schools.
                  [(B) Location of projects.--Infrastructure-
                related projects under subparagraph (A) may be 
                carried out on any public road or any bicycle 
                or pedestrian pathway or trail in the vicinity 
                of schools.
          [(2) Noninfrastructure-related activities.--
                  [(A) In general.--In addition to projects 
                described in paragraph (1), amounts apportioned 
                to a State under this section may be used for 
                noninfrastructure-related activities to 
                encourage walking and bicycling to school, 
                including public awareness campaigns and 
                outreach to press and community leaders, 
                traffic education and enforcement in the 
                vicinity of schools, student sessions on 
                bicycle and pedestrian safety, health, and 
                environment, and funding for training, 
                volunteers, and managers of safe routes to 
                school programs.
                  [(B) Allocation.--Not less than 10 percent 
                and not more than 30 percent of the amount 
                apportioned to a State under this section for a 
                fiscal year shall be used for 
                noninfrastructure-related activities under this 
                subparagraph.
          [(3) Safe routes to school coordinator.--Each State 
        receiving an apportionment under this section for a 
        fiscal year shall use a sufficient amount of the 
        apportionment to fund a full-time position of 
        coordinator of the State's safe routes to school 
        program.
  [(g) Clearinghouse.--
          [(1) In general.--The Secretary shall make grants to 
        a national nonprofit organization engaged in promoting 
        safe routes to schools to--
                  [(A) operate a national safe routes to school 
                clearinghouse;
                  [(B) develop information and educational 
                programs on safe routes to school; and
                  [(C) provide technical assistance and 
                disseminate techniques and strategies used for 
                successful safe routes to school programs.
          [(2) Funding.--The Secretary shall carry out this 
        subsection using amounts set aside for administrative 
        expenses under subsection (c)(3).
  [(h) Task Force.--
          [(1) In general.--The Secretary shall establish a 
        national safe routes to school task force composed of 
        leaders in health, transportation, and education, 
        including representatives of appropriate Federal 
        agencies, to study and develop a strategy for advancing 
        safe routes to school programs nationwide.
          [(2) Report.--Not later than March 31, 2006, the 
        Secretary shall submit to Congress a report containing 
        the results of the study conducted, and a description 
        of the strategy developed, under paragraph (1) and 
        information regarding the use of funds for 
        infrastructure-related and noninfrastructure-related 
        activities under paragraphs (1) and (2) of subsection 
        (f).
          [(3) Funding.--The Secretary shall carry out this 
        subsection using amounts set aside for administrative 
        expenses under subsection (c)(3).
  [(i) Applicability of Title 23.--Funds made available to 
carry out this section shall be available for obligation in the 
same manner as if such funds were apportioned under chapter 1 
of title 23, United States Code; except that such funds shall 
not be transferable and shall remain available until expended, 
and the Federal share of the cost of a project or activity 
under this section shall be 100 percent.
  [(j) Treatment of Projects.--Notwithstanding any other 
provision of law, projects assisted under this subsection shall 
be treated as projects on a Federal-aid system under chapter 1 
of title 23, United States Code.
  [(k) Definitions.--In this section, the following definitions 
apply:
          [(1) In the vicinity of schools.--The term ``in the 
        vicinity of schools'' means, with respect to a school, 
        the area within bicycling and walking distance of the 
        school (approximately 2 miles).
          [(2) Primary and middle schools.--The term ``primary 
        and middle schools'' means schools providing education 
        from kindergarten through eighth grade.]

           *       *       *       *       *       *       *

SEC. 1409. WORK ZONE SAFETY GRANTS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Funding.--
          [(1) In general.--There is authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to carry out this section 
        $5,000,000 for each of fiscal years 2006 through 2009.]
          (1) In general.--Funding for activities under this 
        section may be made available as described in section 
        1716(a) of the American Energy and Infrastructure Jobs 
        Act of 2012.

           *       *       *       *       *       *       *

[SEC. 1410. NATIONAL WORK ZONE SAFETY INFORMATION CLEARINGHOUSE.

  [(a) Grants.--The Secretary shall make grants for fiscal 
years 2006 through 2009 to a national nonprofit foundation for 
the operation of the National Work Zone Safety Information 
Clearinghouse, authorized by section 358(b)(2) of Public Law 
104-59, created for the purpose of assembling and 
disseminating, by electronic and other means, information 
relating to improvement of roadway work zone safety.
  [(b) Authorization of Appropriations.--There is authorized to 
be appropriated out of the Highway Trust Fund (other than the 
Mass Transit Account) to carry out this section $1,000,000 for 
each of fiscal years 2006 through 2009.
  [(c) Contract Authority.--Funds authorized by this subsection 
shall be available for obligation in the same manner as if the 
funds were apportioned under chapter 1 of title 23, United 
States Code, except the Federal share of the cost of activities 
carried out using such funds shall be 100 percent, and such 
funds shall remain available until expended and shall not be 
transferable.]

SEC. 1411. ROADWAY SAFETY.

  (a) Road Safety.--
          (1) * * *
          [(2) Funding.--There is authorized to be appropriated 
        from the Highway Trust Fund (other than the Mass 
        Transit Account) $500,000 for each of fiscal years 2006 
        through 2009 to carry out this subsection.]
          (2) Funding.--Funding for activities under this 
        subsection may be made available as described in 
        section 1716(a) of the American Energy and 
        Infrastructure Jobs Act of 2012.

           *       *       *       *       *       *       *

  [(b) Bicycle and Pedestrian Safety Grants.--
          [(1) In general.--The Secretary shall make grants to 
        a national, not-for-profit organization engaged in 
        promoting bicycle and pedestrian safety--
                  [(A) to operate a national bicycle and 
                pedestrian clearinghouse;
                  [(B) to develop information and educational 
                programs; and
                  [(C) to disseminate techniques and strategies 
                for improving bicycle and pedestrian safety.
          [(2) Funding.--There is authorized to be appropriated 
        from the Highway Trust Fund (other than the Mass 
        Transit Account) $300,000 for fiscal year 2005 and 
        $500,000 for each of fiscal years 2006 through 2009 to 
        carry out this subsection.
          [(3) Applicability of title 23.--Funds made available 
        by this subsection shall be available for obligation in 
        the same manner as if such funds were apportioned under 
        chapter 1 of title 23, United States Code, except that 
        the funds shall remain available until expended.]

           *       *       *       *       *       *       *

Subtitle E--Construction and Contract Efficiency

           *       *       *       *       *       *       *

[SEC. 1502. HIGHWAYS FOR LIFE PILOT PROGRAM.

  [(a) Establishment.--
          [(1) In general.--The Secretary shall establish and 
        implement a pilot program to be known as the ``Highways 
        for LIFE Pilot Program''.
          [(2) Purpose.--The purpose of the pilot program shall 
        be to advance longer-lasting highways using innovative 
        technologies and practices to accomplish the fast 
        construction of efficient and safe highways and 
        bridges.
          [(3) Objectives.--Under the pilot program, the 
        Secretary shall provide leadership and incentives to 
        demonstrate and promote state-of-the-art technologies, 
        elevated performance standards, and new business 
        practices in the highway construction process that 
        result in improved safety, faster construction, reduced 
        congestion from construction, and improved quality and 
        user satisfaction.
  [(b) Projects.--
          [(1) Applications.--To be eligible to participate in 
        the pilot program, a State shall submit to the 
        Secretary an application that is in such form and 
        contains such information as the Secretary requires. 
        Each application shall contain a description of 
        proposed projects to be carried by the State under the 
        pilot program.
          [(2) Eligibility.--A proposed project shall be 
        eligible for assistance under the pilot program if the 
        project--
                  [(A) constructs, reconstructs, or 
                rehabilitates a route or connection on a 
                Federal-aid highway eligible for assistance 
                under chapter 1 of title 23, United States 
                Code;
                  [(B) uses innovative technologies, 
                manufacturing processes, financing, or 
                contracting methods that improve safety, reduce 
                congestion due to construction, and improve 
                quality; and
                  [(C) meets additional criteria as determined 
                by the Secretary.
          [(3) Project proposal.--A project proposal submitted 
        under paragraph (1) shall contain--
                  [(A) an identification and description of the 
                projects to be delivered;
                  [(B) a description of how the projects will 
                result in improved safety, faster construction, 
                reduced congestion due to construction, user 
                satisfaction, and improved quality;
                  [(C) a description of the innovative 
                technologies, manufacturing processes, 
                financing, and contracting methods that will be 
                used for the proposed projects; and
                  [(D) such other information as the Secretary 
                may require.
          [(4) Selection criteria.--In selecting projects for 
        approval under this section, the Secretary shall ensure 
        that the projects provide an evaluation of a broad 
        range of technologies in a wide variety of project 
        types and shall give priority to the projects that--
                  [(A) address achieving the Highways for LIFE 
                performance standards for quality, safety, and 
                speed of construction;
                  [(B) deliver and deploy innovative 
                technologies, manufacturing processes, 
                financing, contracting practices, and 
                performance measures that will demonstrate 
                substantial improvements in safety, congestion, 
                quality, and cost-effectiveness;
                  [(C) include innovation that will lead to 
                change in the administration of the State's 
                transportation program to more quickly 
                construct long-lasting, high-quality, cost-
                effective projects that improve safety and 
                reduce congestion;
                  [(D) are or will be ready for construction 
                within 1 year of approval of the project 
                proposal; and
                  [(E) meet such other criteria as the 
                Secretary determines appropriate.
          [(5) Financial assistance.--
                  [(A) Funds for highways for life projects.--
                Out of amounts made available to carry out this 
                section for a fiscal year, the Secretary may 
                allocate to a State up to 20 percent, but not 
                more than $5,000,000, of the total cost of a 
                project approved under this section. 
                Notwithstanding any other provision of law, 
                funds allocated to a State under this 
                subparagraph may be applied to the non-Federal 
                share of the cost of construction of a project 
                under title 23, United States Code.
                  [(B) Use of apportioned funds.--A State may 
                obligate not more than 10 percent of the amount 
                apportioned to the State under one or more of 
                paragraphs (1), (2), (3), and (4) of section 
                104(b) of title 23, United States Code, for a 
                fiscal year for projects approved under this 
                section.
                  [(C) Increased federal share.--
                Notwithstanding sections 120 and 129 of title 
                23, United States Code, the Federal share 
                payable on account of any project constructed 
                with Federal funds allocated under this 
                section, or apportioned under section 104(b) of 
                such title, to a State under such title and 
                approved under this section may amount to 100 
                percent of the cost of construction of such 
                project.
                  [(D) Limitation on statutory construction.--
                Except as provided in subparagraph (C), nothing 
                in this subsection shall be construed as 
                altering or otherwise affecting the 
                applicability of the requirements of chapter 1 
                of title 23, United States Code (including 
                requirements relating to the eligibility of a 
                project for assistance under the program and 
                the location of the project), to amounts 
                apportioned to a State for a program under 
                section 104(b) that are obligated by the State 
                for projects approved under this subsection.
          [(6) Project selections.--In the period of fiscal 
        years 2005 through 2009, the Secretary, to the maximum 
        extent possible, shall approve at least 1 project in 
        each State for participation in the pilot program and 
        for financial assistance under paragraph (5) if the 
        State submits an application and the project meets the 
        eligibility requirements and selection criteria under 
        this subsection.
          [(7) Maximum number of projects.--The maximum number 
        of projects for which the Secretary may allocate funds 
        under this subsection in a fiscal year is 15.
  [(c) Technology Partnerships.--
          [(1) In general.--The Secretary may make grants or 
        enter into cooperative agreements or other transactions 
        to foster the development, improvement, and creation of 
        innovative technologies and facilities to improve 
        safety, enhance the speed of highway construction, and 
        improve the quality and durability of highways.
          [(2) Federal share.--The Federal share of the cost of 
        an activity carried out under this subsection shall not 
        exceed 80 percent.
  [(d) Technology Transfer and Information Dissemination.--
          [(1) In general.--The Secretary shall conduct a 
        highways for life technology transfer program.
          [(2) Availability of information.--The Secretary 
        shall ensure that the information and technology used, 
        developed, or deployed under this subsection is made 
        available to the transportation community and the 
        public.
  [(e) Stakeholder Input and Involvement.--The Secretary shall 
establish a process for stakeholder input and involvement in 
the development, implementation, and evaluation of the Highways 
for LIFE Pilot Program. The process may include participation 
by representatives of State departments of transportation and 
other interested persons.
  [(f) Project Monitoring and Evaluation.--The Secretary shall 
monitor and evaluate the effectiveness of any activity carried 
out under this section.
  [(g) Contract Authority.--Except as otherwise provided in 
this section, funds authorized to be appropriated to carry out 
this section shall be available for obligation in the same 
manner as if the funds were apportioned under chapter 1 of 
title 23, United States Code.
  [(h) State Defined.--In this section, the term ``State'' has 
the meaning such term has in section 101(a) of title 23, United 
States Code.]

           *       *       *       *       *       *       *

Subtitle F--Finance

           *       *       *       *       *       *       *

SEC. 1604. TOLLING.

  (a) * * *
  [(b) Express Lanes Demonstration Program.--
          [(1) Definitions.--In this subsection, the following 
        definitions apply:
                  [(A) Eligible toll facility.--The term 
                ``eligible toll facility'' includes--
                          [(i) a facility in existence on the 
                        date of enactment of this Act that 
                        collects tolls;
                          [(ii) a facility in existence on the 
                        date of enactment of this Act that 
                        serves high occupancy vehicles;
                          [(iii) a facility modified or 
                        constructed after the date of enactment 
                        of this Act to create additional tolled 
                        lane capacity (including a facility 
                        constructed by a private entity or 
                        using private funds); and
                          [(iv) in the case of a new lane added 
                        to a previously non-tolled facility, 
                        only the new lane.
                  [(B) Nonattainment area.--The term 
                ``nonattainment area'' has the meaning given 
                that term in section 171 of the Clean Air Act 
                (42 U.S.C. 7501).
          [(2) Demonstration program.--Notwithstanding sections 
        129 and 301 of title 23, United States Code, the 
        Secretary shall carry out 15 demonstration projects 
        during the period of fiscal years 2005 through 2009 to 
        permit States, public authorities, or a public or 
        private entities designated by States, to collect a 
        toll from motor vehicles at an eligible toll facility 
        for any highway, bridge, or tunnel, including 
        facilities on the Interstate System--
                  [(A) to manage high levels of congestion;
                  [(B) to reduce emissions in a nonattainment 
                area or maintenance area; or
                  [(C) to finance the expansion of a highway, 
                for the purpose of reducing traffic congestion, 
                by constructing one or more additional lanes 
                (including bridge, tunnel, support, and other 
                structures necessary for that construction) on 
                the Interstate System.
          [(3) Limitation on use of revenues.--
                  [(A) Use.--
                          [(i) In general.--Toll revenues 
                        received under paragraph (2) shall be 
                        used by a State, public authority, or 
                        private entity designated by a State, 
                        for--
                                  [(I) debt service;
                                  [(II) a reasonable return on 
                                investment of any private 
                                financing;
                                  [(III) the costs necessary 
                                for proper operation and 
                                maintenance of any facilities 
                                under paragraph (2) (including 
                                reconstruction, resurfacing, 
                                restoration, and 
                                rehabilitation); or
                                  [(IV) if the State, public 
                                authority, or private entity 
                                annually certifies that the 
                                tolled facility is being 
                                adequately operated and 
                                maintained, any other purpose 
                                relating to a highway or 
                                transit project carried out 
                                under title 23 or 49, United 
                                States Code.
                  [(B) Requirements.--
                          [(i) Variable price requirement.--A 
                        facility that charges tolls under this 
                        subsection may establish a toll that 
                        varies in price according to time of 
                        day or level of traffic, as appropriate 
                        to manage congestion or improve air 
                        quality.
                          [(ii) HOV variable pricing 
                        requirement.--The Secretary shall 
                        require, for each high occupancy 
                        vehicle facility that charges tolls 
                        under this subsection, that the tolls 
                        vary in price according to time of day 
                        or level of traffic, as appropriate to 
                        manage congestion or improve air 
                        quality.
                          [(iii) HOV passenger requirements.--
                        Pursuant to section 166 of title 23, 
                        United States Code, a State may permit 
                        motor vehicles with fewer than two 
                        occupants to operate in high occupancy 
                        vehicle lanes as part of a variable 
                        toll pricing program established under 
                        this subsection.
                  [(C) Agreement.--
                          [(i) In general.--Before the 
                        Secretary may permit a facility to 
                        charge tolls under this subsection, the 
                        Secretary and the applicable State, 
                        public authority, or private entity 
                        designated by a State shall enter into 
                        an agreement for each facility 
                        incorporating the conditions described 
                        in subparagraphs (A) and (B).
                          [(ii) Termination.--An agreement 
                        under clause (i) shall terminate with 
                        respect to a facility upon the decision 
                        of the State, public authority, or 
                        private entity designated by a State to 
                        discontinue the variable tolling 
                        program under this subsection for the 
                        facility.
                          [(iii) Debt.--If there is any debt 
                        outstanding on a facility at the time 
                        at which the decision is made to 
                        discontinue the program under this 
                        subsection with respect to the 
                        facility, the facility may continue to 
                        charge tolls in accordance with the 
                        terms of the agreement until such time 
                        as the debt is retired.
                  [(D) Limitation on federal share.--The 
                Federal share of the cost of a project on a 
                facility tolled under this subsection, 
                including a project to install the toll 
                collection facility shall be a percentage, not 
                to exceed 80 percent, determined by the 
                applicable State.
          [(4) Eligibility.--To be eligible to participate in 
        the program under this subsection, a State, public 
        authority, or private entity designated by a State 
        shall provide to the Secretary--
                  [(A) a description of the congestion or air 
                quality problems sought to be addressed under 
                the program;
                  [(B) a description of--
                          [(i) the goals sought to be achieved 
                        under the program; and
                          [(ii) the performance measures that 
                        would be used to gauge the success made 
                        toward reaching those goals; and
                  [(C) such other information as the Secretary 
                may require.
          [(5) Automation.--Fees collected from motorists using 
        an express lane shall be collected only through the use 
        of noncash electronic technology that optimizes the 
        free flow of traffic on the tolled facility.
          [(6) Interoperability.--
                  [(A) In general.--Not later than 180 days 
                after the date of enactment of this Act, the 
                Secretary shall promulgate a final rule 
                specifying requirements, standards, or 
                performance specifications for automated toll 
                collection systems implemented under this 
                section.
                  [(B) Development.--In developing that rule, 
                which shall be designed to maximize the 
                interoperability of electronic collection 
                systems, the Secretary shall, to the maximum 
                extent practicable--
                          [(i) seek to accelerate progress 
                        toward the national goal of achieving a 
                        nationwide interoperable electronic 
                        toll collection system;
                          [(ii) take into account the use of 
                        noncash electronic technology currently 
                        deployed within an appropriate 
                        geographical area of travel and the 
                        noncash electronic technology likely to 
                        be in use within the next 5 years; and
                          [(iii) seek to minimize additional 
                        costs and maximize convenience to users 
                        of toll facility and to the toll 
                        facility owner or operator.
          [(7) Reporting.--
                  [(A) In general.--The Secretary, in 
                cooperation with State and local agencies and 
                other program participants and with opportunity 
                for public comment, shall--
                          [(i) develop and publish performance 
                        goals for each express lane project;
                          [(ii) establish a program for regular 
                        monitoring and reporting on the 
                        achievement of performance goals, 
                        including--
                                  [(I) effects on travel, 
                                traffic, and air quality;
                                  [(II) distribution of 
                                benefits and burdens;
                                  [(III) use of alternative 
                                transportation modes; and
                                  [(IV) use of revenues to meet 
                                transportation or impact 
                                mitigation needs.
                  [(B) Reports to congress.--The Secretary 
                shall submit to the Committee on Environment 
                and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives--
                          [(i) not later than 1 year after the 
                        date of enactment of this Act, and 
                        annually thereafter, a report that 
                        describes in detail the uses of funds 
                        under this subsection in accordance 
                        with paragraph (8)(D); and
                          [(ii) not later than 3 years after 
                        the date of enactment of this Act, and 
                        every 3 years thereafter, a report that 
                        describes any success of the program 
                        under this subsection in meeting 
                        congestion reduction and other 
                        performance goals established for 
                        express lane programs.
  [(c) Interstate System Construction Toll Pilot Program.--
          [(1) Establishment.--The Secretary shall establish 
        and implement an Interstate System construction toll 
        pilot program under which the Secretary, 
        notwithstanding sections 129 and 301 of title 23, 
        United States Code, may permit a State or an interstate 
        compact of States to collect tolls on a highway, 
        bridge, or tunnel on the Interstate System for the 
        purpose of constructing Interstate highways.
          [(2) Limitation on number of facilities.--The 
        Secretary may permit the collection of tolls under this 
        section on three facilities on the Interstate System.
          [(3) Eligibility.--To be eligible to participate in 
        the pilot program, a State shall submit to the 
        Secretary an application that contains, at a minimum, 
        the following:
                  [(A) An identification of the facility on the 
                Interstate System proposed to be a toll 
                facility.
                  [(B) In the case of a facility that affects a 
                metropolitan area, an assurance that the 
                metropolitan planning organization designated 
                under section 134 or 135 for the area has been 
                consulted concerning the placement and amount 
                of tolls on the facility.
                  [(C) An analysis demonstrating that financing 
                the construction of the facility with the 
                collection of tolls under the pilot program is 
                the most efficient and economical way to 
                advance the project.
                  [(D) A facility management plan that 
                includes--
                          [(i) a plan for implementing the 
                        imposition of tolls on the facility;
                          [(ii) a schedule and finance plan for 
                        the construction of the facility using 
                        toll revenues;
                          [(iii) a description of the public 
                        transportation agency that will be 
                        responsible for implementation and 
                        administration of the pilot program;
                          [(iv) a description of whether 
                        consideration will be given to 
                        privatizing the maintenance and 
                        operational aspects of the facility, 
                        while retaining legal and 
                        administrative control of the portion 
                        of the Interstate route; and
                          [(v) such other information as the 
                        Secretary may require.
          [(4) Selection criteria.--The Secretary may approve 
        the application of a State under paragraph (3) only if 
        the Secretary determines that--
                  [(A) the State's analysis under paragraph 
                (3)(C) is reasonable;
                  [(B) the State plan for implementing tolls on 
                the facility takes into account the interests 
                of local, regional, and interstate travelers;
                  [(C) the State plan for construction of the 
                facility using toll revenues is reasonable;
                  [(D) the State will develop, manage, and 
                maintain a system that will automatically 
                collect the tolls; and
                  [(E) the State has given preference to the 
                use of a public toll agency with demonstrated 
                capability to build, operate, and maintain a 
                toll expressway system meeting criteria for the 
                Interstate System.
          [(5) Prohibition on noncompete agreements.--Before 
        the Secretary may permit a State to participate in the 
        pilot program, the State must enter into an agreement 
        with the Secretary that provides that the State will 
        not enter into an agreement with a private person under 
        which the State is prevented from improving or 
        expanding the capacity of public roads adjacent to the 
        toll facility to address conditions resulting from 
        traffic diverted to such roads from the toll facility, 
        including--
                  [(A) excessive congestion;
                  [(B) pavement wear; and
                  [(C) an increased incidence of traffic 
                accidents, injuries, or fatalities.
          [(6) Limitations on use of revenues; audits.--Before 
        the Secretary may permit a State to participate in the 
        pilot program, the State must enter into an agreement 
        with the Secretary that provides that--
                  [(A) all toll revenues received from 
                operation of the toll facility will be used 
                only for--
                          [(i) debt service;
                          [(ii) reasonable return on investment 
                        of any private person financing the 
                        project; and
                          [(iii) any costs necessary for the 
                        improvement of and the proper operation 
                        and maintenance of the toll facility, 
                        including reconstruction, resurfacing, 
                        restoration, and rehabilitation of the 
                        toll facility; and
                  [(B) regular audits will be conducted to 
                ensure compliance with subparagraph (A) and the 
                results of such audits will be transmitted to 
                the Secretary.
          [(7) Limitation on use of interstate maintenance 
        funds.--During the term of the pilot program, funds 
        apportioned for Interstate maintenance under section 
        104(b)(4) of title 23, United States Code, may not be 
        used on a facility for which tolls are being collected 
        under the program.
          [(8) Program term.--The Secretary may approve an 
        application of a State for permission to collect a toll 
        under this section only if the application is received 
        by the Secretary before the last day of the 10-year 
        period beginning on the date of enactment of this Act.
          [(9) Interstate system defined.--In this section, the 
        term ``Interstate System'' has the meaning such term 
        has under section 101 of title 23, United States Code.]

           *       *       *       *       *       *       *

Subtitle H--Environment

           *       *       *       *       *       *       *

[SEC. 1803. AMERICA'S BYWAYS RESOURCE CENTER.

  [(a) In General.--The Secretary shall allocate funds made 
available to carry out this section to the America's Byways 
Resource Center established pursuant to section 1215(b)(1) of 
the Transportation Equity Act for the 21st Century (112 Stat. 
209).
  [(b) Technical Support and Education.--
          [(1) Use of funds.--The Center shall use funds 
        allocated to the Center under this section to continue 
        to provide technical support and conduct educational 
        activities for the national scenic byways program 
        established under section 162 of title 23, United 
        States Code.
          [(2) Eligible activities.--Technical support and 
        educational activities carried out under this 
        subsection shall provide local officials and 
        organizations associated with National Scenic Byways, 
        All-American Roads, and America's Byways with 
        proactive, technical, and on-site customized 
        assistance, including training, communications 
        (including a public awareness series), publications, 
        conferences, on-site meetings, and other assistance 
        considered appropriate to develop and sustain such 
        byways and roads.
  [(c) Authorization of Appropriations.--There is authorized to 
be appropriated out of the Highway Trust Fund (other than the 
Mass Transit Account) to carry out this section $1,500,000 for 
fiscal year 2005 and $3,000,000 for each of fiscal years 2006 
through 2009.
  [(d) Applicability of Title 23.--Funds authorized by this 
section shall be available for obligation in the same manner as 
if such funds were apportioned under chapter 1 of title 23, 
United States Code; except that the Federal share of the cost 
of any project or activity carried out under this section shall 
be 100 percent, and such funds shall remain available until 
expended and shall not be transferable.

[SEC. 1804. NATIONAL HISTORIC COVERED BRIDGE PRESERVATION.

  [(a) Definitions.--In this section, the following definitions 
apply:
          [(1) Historic covered bridge.--The term ``historic 
        covered bridge'' means a covered bridge that is listed 
        or eligible for listing on the National Register of 
        Historic Places.
          [(2) State.--The term ``State'' has the meaning such 
        term has in section 101(a) of title 23, United States 
        Code.
  [(b) Historic Covered Bridge Preservation.--The Secretary 
shall--
          [(1) collect and disseminate information on historic 
        covered bridges;
          [(2) conduct educational programs relating to the 
        history and construction techniques of historic covered 
        bridges;
          [(3) conduct research on the history of historic 
        covered bridges; and
          [(4) conduct research on, and study techniques for, 
        protecting historic covered bridges from rot, fire, 
        natural disasters, or weight-related damage.
  [(c) Grants.--
          [(1) In general.--The Secretary shall make a grant to 
        a State that submits an application to the Secretary 
        that demonstrates a need for assistance in carrying out 
        one or more historic covered bridge projects described 
        in paragraph (2).
          [(2) Eligible projects.--A grant under paragraph (1) 
        may be made for a project--
                  [(A) to rehabilitate or repair a historic 
                covered bridge; or
                  [(B) to preserve a historic covered bridge, 
                including through--
                          [(i) installation of a fire 
                        protection system, including a 
                        fireproofing or fire detection system 
                        and sprinklers;
                          [(ii) installation of a system to 
                        prevent vandalism and arson; or
                          [(iii) relocation of a bridge to a 
                        preservation site.
          [(3) Authenticity requirements.--A grant under 
        paragraph (1) may be made for a project only if--
                  [(A) to the maximum extent practicable, the 
                project--
                          [(i) is carried out in the most 
                        historically appropriate manner; and
                          [(ii) preserves the existing 
                        structure of the historic covered 
                        bridge; and
                  [(B) the project provides for the replacement 
                of wooden components with wooden components, 
                unless the use of wood is impracticable for 
                safety reasons.
  [(d) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section, out of the Highway 
Trust Fund (other than the Mass Transit Account), $10,000,000 
for each of fiscal years 2006 through 2009.
  [(e) Applicability of Title 23.--Funds made available to 
carry out this section shall be available for obligation in the 
same manner as if the funds were apportioned under chapter 1 of 
title 23, United States Code; except that the Federal share of 
the cost of any project or activity carried out under this 
section shall be determined in accordance with section 120 of 
such title, and such funds shall remain available until 
expended and shall not be transferable.]

           *       *       *       *       *       *       *

[SEC. 1807. NONMOTORIZED TRANSPORTATION PILOT PROGRAM.

  [(a) Establishment.--The Secretary shall establish and carry 
out a nonmotorized transportation pilot program to construct, 
in the following 4 communities selected by the Secretary, a 
network of nonmotorized transportation infrastructure 
facilities, including sidewalks, bicycle lanes, and pedestrian 
and bicycle trails, that connect directly with transit 
stations, schools, residences, businesses, recreation areas, 
and other community activity centers:
          [(1) Columbia, Missouri.
          [(2) Marin County, California.
          [(3) Minneapolis, Minnesota.
          [(4) Sheboygan County, Wisconsin.
  [(b) Purpose.--The purpose of the program shall be to 
demonstrate the extent to which bicycling and walking can carry 
a significant part of the transportation load, and represent a 
major portion of the transportation solution, within selected 
communities.
  [(c) Grants.--In carrying out the program, the Secretary may 
make a grant of $6,250,000 per fiscal year for each of the 
communities set forth in subsection (a) to State, local, and 
regional agencies that the Secretary determines are suitably 
equipped and organized to carry out the objectives and 
requirements of this section. An agency that receives a grant 
under this section may suballocate grant funds to a nonprofit 
organization to carry out the program under this section.
  [(d) Statistical Information.--In carrying out the program, 
the Secretary shall develop statistical information on changes 
in motor vehicle, nonmotorized transportation, and public 
transportation usage in communities participating in the 
program and assess how such changes decrease congestion and 
energy usage, increase the frequency of bicycling and walking, 
and promote better health and a cleaner environment.
  [(e) Reports.--The Secretary shall submit to Congress an 
interim report not later than September 30, 2007, and a final 
report not later than September 30, 2010, on the results of the 
program.
  [(f) Funding.--
          [(1) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this 
        section, out of the Highway Trust Fund (other than the 
        Mass Transit Account), $25,000,000 for each of fiscal 
        years 2006 through 2009.
          [(2) Contract authority.--Funds authorized to be 
        appropriated by this section shall be available for 
        obligation in the same manner and to the same extent as 
        if the funds were apportioned under chapter 1 of title 
        23, United States Code; except that the Federal share 
        of the cost of the project shall be 100 percent, and 
        the funds shall remain available until expended and 
        shall not be transferable.
  [(g) Treatment of Projects.--Notwithstanding any other 
provision of law, projects assisted under this subsection shall 
be treated as projects on a Federal-aid system under chapter 1 
of title 23, United States Code.]

           *       *       *       *       *       *       *

Subtitle I--Miscellaneous

           *       *       *       *       *       *       *

[SEC. 1906. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING.

  [(a) Grants.--Subject to the requirements of this section, 
the Secretary shall make grants to a State that--
          [(1)(A) has enacted and is enforcing a law that 
        prohibits the use of racial profiling in the 
        enforcement of State laws regulating the use of 
        Federal-aid highways; and
          [(B) is maintaining and allows public inspection of 
        statistical information for each motor vehicle stop 
        made by a law enforcement officer on a Federal-aid 
        highway in the State regarding the race and ethnicity 
        of the driver and any passengers; or
          [(2) provides assurances satisfactory to the 
        Secretary that the State is undertaking activities to 
        comply with the requirements of paragraph (1).
  [(b) Eligible Activities.--A grant received by a State under 
subsection (a) shall be used by the State--
          [(1) in the case of a State eligible under subsection 
        (a)(1), for costs of--
                  [(A) collecting and maintaining of data on 
                traffic stops;
                  [(B) evaluating the results of the data; and
                  [(C) developing and implementing programs to 
                reduce the occurrence of racial profiling, 
                including programs to train law enforcement 
                officers; and
          [(2) in the case of a State eligible under subsection 
        (a)(2), for costs of--
                  [(A) activities to comply with the 
                requirements of subsection (a)(1); and
                  [(B) any eligible activity under paragraph 
                (1).
  [(c) Racial Profiling.--
          [(1) In general.--To meet the requirement of 
        subsection (a)(1), a State law shall prohibit, in the 
        enforcement of State laws regulating the use of 
        Federal-aid highways, a State or local law enforcement 
        officer from using the race or ethnicity of the driver 
        or passengers to any degree in making routine or 
        spontaneous law enforcement decisions, such as ordinary 
        traffic stops on Federal-aid highways.
          [(2) Limitation.--Nothing in this subsection shall 
        alter the manner in which a State or local law 
        enforcement officer considers race or ethnicity 
        whenever there is trustworthy information, relevant to 
        the locality or time frame, that links persons of a 
        particular race or ethnicity to an identified criminal 
        incident, scheme, or organization.
  [(d) Limitations.--
          [(1) Maximum amount of grants.--The total amount of 
        grants made to a State under this section in a fiscal 
        year may not exceed 5 percent of the amount made 
        available to carry out this section in the fiscal year.
          [(2) Eligibility.--A State may not receive a grant 
        under subsection (a)(2) in more than 2 fiscal years.
  [(e) Authorization of Appropriations.--
          [(1) In general.--There is authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to carry out this section 
        $7,500,000 for each of fiscal years 2005 through 2009.
          [(2) Contract authority.--Funds authorized by this 
        subsection shall be available for obligation in the 
        same manner as if the funds were apportioned under 
        chapter 1 of title 23, United States Code, except the 
        Federal share of the cost of activities carried out 
        using such funds shall be 80 percent, and such funds 
        shall remain available until expended and shall not be 
        transferable.

[SEC. 1907. PAVEMENT MARKING SYSTEMS DEMONSTRATION PROJECTS.

  [(a) In General.--The Secretary shall conduct a demonstration 
project in the State of Alaska, and a demonstration project in 
the State of Tennessee, to study the safety impacts, 
environmental impacts, and cost effectiveness of different 
pavement marking systems and the effect of State bidding and 
procurement processes on the quality of pavement marking 
material employed in highway projects. The demonstration 
projects shall each include an evaluation of the impacts and 
effectiveness of increasing the width of pavement marking edge 
lines from 4 inches to 6 inches and an evaluation of advanced 
acrylic water-borne pavement markings.
  [(b) Report.--Not later than June 30, 2009, the Secretary 
shall submit to Congress a report on the results of the 
demonstration projects, together with findings and 
recommendations on methods that will optimize the cost-benefit 
ratio of the use of Federal funds on pavement marking.
  [(c) Funding.--
          [(1) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this 
        section, out of the Highway Trust Fund (other than the 
        Mass Transit Account), $1,000,000 for each of fiscal 
        years 2006 through 2009.
          [(2) Contract authority.--Funds authorized to be 
        appropriated by this section shall be available for 
        obligation in the same manner and to the same extent as 
        if such funds were apportioned under chapter 1 of title 
        23, United States Code; expect that the Federal share 
        of the cost of the demonstration projects shall be 100 
        percent, and such funds shall remain available until 
        expended and shall not be transferable.]

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[SEC. 1958. LIMITATION ON PROJECT APPROVAL.

  [Notwithstanding any provision of title 23, United States 
Code, the Secretary is prohibited from approving any Federal-
aid highway project in Orange and Seminole Counties, Florida, 
which provides access from Interstate Route 4 to the right-of-
way or median of Interstate Route 4 if tolls or toll facilities 
are used for the access to the right-of-way or median.]

           *       *       *       *       *       *       *

TITLE II--HIGHWAY SAFETY

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[SEC. 2009. HIGH VISIBILITY ENFORCEMENT PROGRAM.

  [(a) In General.--The Administrator of the National Highway 
Traffic Safety Administration shall establish and administer a 
program under which at least 2 high-visibility traffic safety 
law enforcement campaigns will be carried out for the purposes 
specified in subsection (b) in each of years 2006 through 2012.
  [(b) Purpose.--The purpose of each law enforcement campaign 
under this section shall be to achieve either or both of the 
following objectives:
          [(1) Reduce alcohol-impaired or drug-impaired 
        operation of motor vehicles.
          [(2) Increase use of seat belts by occupants of motor 
        vehicles.
  [(c) Advertising.--The Administrator may use, or authorize 
the use of, funds available to carry out this section to pay 
for the development, production, and use of broadcast and print 
media advertising in carrying out traffic safety law 
enforcement campaigns under this section. Consideration shall 
be given to advertising directed at non-English speaking 
populations, including those who listen, read, or watch 
nontraditional media.
  [(d) Coordination With States.--The Administrator shall 
coordinate with the States in carrying out the traffic safety 
law enforcement campaigns under this section, including 
advertising funded under subsection (c), with a view to--
          [(1) relying on States to provide the law enforcement 
        resources for the campaigns out of funding available 
        under this section and sections 402, 405, 406, and 410 
        of title 23, United States Code; and
          [(2) providing out of National Highway Traffic Safety 
        Administration resources most of the means necessary 
        for national advertising and education efforts 
        associated with the law enforcement campaigns.
  [(e) Use of Funds.--Funds made available to carry out this 
section may only be used for activities described in 
subsections (a), (c), and (f).
  [(f) Annual Evaluation.--The Secretary shall conduct an 
annual evaluation of the effectiveness of campaigns referred to 
in subsection (a).
  [(g) State Defined.--The term ``State'' has the meaning such 
term has under section 401 of title 23, United States Code.

[SEC. 2010. MOTORCYCLIST SAFETY.

  [(a) Authority To Make Grants.--Subject to the requirements 
of this section, the Secretary shall make grants to States that 
adopt and implement effective programs to reduce the number of 
single- and multi-vehicle crashes involving motorcyclists.
  [(b) Maintenance of Effort.--No grant may be made to a State 
under this section in a fiscal year unless the State enters 
into such agreements with the Secretary as the Secretary may 
require to ensure that the State will maintain its aggregate 
expenditures from all the other sources for motorcyclist safety 
training programs and motorcyclist awareness programs at or 
above the average level of such expenditures in its 2 fiscal 
years preceding the date of enactment of this Act.
  [(c) Allocation.--The amount of a grant made to a State for a 
fiscal year under this section may not be less than $100,000 
and may not exceed 25 percent of the amount apportioned to the 
State for fiscal year 2003 under section 402 of title 23, 
United States Code.
  [(d) Grant Eligibility.--
          [(1) In general.--A State becomes eligible for a 
        grant under this section by adopting or demonstrating 
        to the satisfaction of the Secretary--
                  [(A) for the first fiscal year for which the 
                State will receive a grant under this section, 
                at least 1 of the 6 criteria listed in 
                paragraph (2); and
                  [(B) for the second, third, fourth, fifth, 
                sixth, and seventh fiscal years for which the 
                State will receive a grant under this section, 
                at least 2 of the 6 criteria listed in 
                paragraph (2).
          [(2) Criteria.--The criteria for eligibility for a 
        grant under this section are the following:
                  [(A) Motorcycle rider training courses.--An 
                effective motorcycle rider training course that 
                is offered throughout the State, provides a 
                formal program of instruction in accident 
                avoidance and other safety-oriented operational 
                skills to motorcyclists and that may include 
                innovative training opportunities to meet 
                unique regional needs.
                  [(B) Motorcyclists awareness program.--An 
                effective statewide program to enhance motorist 
                awareness of the presence of motorcyclists on 
                or near roadways and safe driving practices 
                that avoid injuries to motorcyclists.
                  [(C) Reduction of fatalities and crashes 
                involving motorcycles.--A reduction for the 
                preceding calendar year in the number of 
                motorcycle fatalities and the rate of motor 
                vehicle crashes involving motorcycles in the 
                State (expressed as a function of 10,000 
                motorcycle registrations).
                  [(D) Impaired driving program.--
                Implementation of a statewide program to reduce 
                impaired driving, including specific measures 
                to reduce impaired motorcycle operation.
                  [(E) Reduction of fatalities and accidents 
                involving impaired motorcyclists.--A reduction 
                for the preceding calendar year in the number 
                of fatalities and the rate of reported crashes 
                involving alcohol- or drug-impaired motorcycle 
                operators (expressed as a function of 10,000 
                motorcycle registrations).
                  [(F) Fees collected from motorcyclists.--All 
                fees collected by the State from motorcyclists 
                for the purposes of funding motorcycle training 
                and safety programs will be used for motorcycle 
                training and safety programs.
  [(e) Eligible Uses.--
          [(1) In general.--A State may use funds from a grant 
        under this section only for motorcyclist safety 
        training and motorcyclist awareness programs, 
        including--
                  [(A) improvements to motorcyclist safety 
                training curricula;
                  [(B) improvements in program delivery of 
                motorcycle training to both urban and rural 
                areas, including--
                          [(i) procurement or repair of 
                        practice motorcycles;
                          [(ii) instructional materials;
                          [(iii) mobile training units; and
                          [(iv) leasing or purchasing 
                        facilities for closed-course motorcycle 
                        skill training;
                  [(C) measures designed to increase the 
                recruitment or retention of motorcyclist safety 
                training instructors; and
                  [(D) public awareness, public service 
                announcements, and other outreach programs to 
                enhance driver awareness of motorcyclists, such 
                as the ``share-the-road'' safety messages 
                developed under subsection (g).
          [(2) Suballocations of funds.--An agency of a State 
        that receives a grant under this section may 
        suballocate funds from the grant to a nonprofit 
        organization incorporated in that State to carry out 
        under this section.
  [(f) Definitions.--In this section, the following definitions 
apply:
          [(1) Motorcyclist safety training.--The term 
        ``motorcyclist safety training'' means a formal program 
        of instruction that is approved for use in a State by 
        the designated State authority having jurisdiction over 
        motorcyclist safety issues, which may include the State 
        motorcycle safety administrator or a motorcycle 
        advisory council appointed by the Governor of the 
        State.
          [(2) Motorcyclist awareness.--The term ``motorcyclist 
        awareness'' means individual or collective awareness 
        of--
                  [(A) the presence of motorcycles on or near 
                roadways; and
                  [(B) safe driving practices that avoid injury 
                to motorcyclists.
          [(3) Motorcyclist awareness program.--The term 
        ``motorcyclist awareness program'' means an 
        informational or public awareness program designed to 
        enhance motorcyclist awareness that is developed by or 
        in coordination with the designated State authority 
        having jurisdiction over motorcyclist safety issues, 
        which may include the State motorcycle safety 
        administrator or a motorcycle advisory council 
        appointed by the Governor of the State.
          [(4) State.--The term ``State'' has the same meaning 
        such term has in section 101(a) of title 23, United 
        States Code.
  [(g) Share-the-Road Model Language.--Not later than 1 year 
after the date of enactment of this Act, the Secretary, in 
consultation with the Administrator of the National Highway 
Traffic Safety Administration, shall develop and provide to the 
States model language for use in traffic safety education 
courses, driver's manuals, and other driver's training 
materials instructing the drivers of motor vehicles on the 
importance of sharing the roads safely with motorcyclists.

[SEC. 2011. CHILD SAFETY AND CHILD BOOSTER SEAT INCENTIVE GRANTS.

  [(a) General Authority.--Subject to the requirements of this 
section, the Secretary shall make grants to States that are 
enforcing a law requiring that any child riding in a passenger 
motor vehicle in the State who is too large to be secured in a 
child safety seat be secured in a child restraint that meets 
the requirements prescribed by the Secretary under section 3 of 
Anton's Law (49 U.S.C. 30127 note; 116 Stat. 2772).
  [(b) Maintenance of Effort.--No grant may be made to a State 
under this section in a fiscal year unless the State enters 
into such agreements with the Secretary as the Secretary may 
require to ensure that the State will maintain its aggregate 
expenditures from all other sources for child safety seat and 
child restraint programs at or above the average level of such 
expenditures in its 2 fiscal years preceding the date of 
enactment of this Act.
  [(c) Federal Share.--The Federal share of the costs of 
activities funded using amounts from grants under this section 
shall not exceed--
          [(1) for the first 3 fiscal years for which a State 
        receives a grant under this section, 75 percent; and
          [(2) for the fourth, fifth, sixth, and seventh fiscal 
        years for which a State receives a grant under this 
        section, 50 percent.
  [(d) Use of Grant Amounts.--
          [(1) Allocations.--Of the amounts received by a State 
        in grants under this section for a fiscal year not more 
        than 50 percent shall be used to fund programs for 
        purchasing and distributing child safety seats and 
        child restraints to low-income families.
          [(2) Remaining amounts.--Amounts received by a State 
        in grants under this section, other than amounts 
        subject to paragraph (1), shall be used to carry out 
        child safety seat and child restraint programs, 
        including the following:
                  [(A) A program to support enforcement of 
                child restraint laws.
                  [(B) A program to train child passenger 
                safety professionals, police officers, fire and 
                emergency medical personnel, educators, and 
                parents concerning all aspects of the use of 
                child safety seats and child restraints.
                  [(C) A program to educate the public 
                concerning the proper use and installation of 
                child safety seats and child restraints.
  [(e) Grant Amount.--The amount of a grant to a State for a 
fiscal year under this section may not exceed 25 percent of the 
amount apportioned to the State for fiscal year 2003 under 
section 402 of title 23, United States Code.
  [(f) Applicability of Chapter 1.--The provisions contained in 
section 402(d) of such title shall apply to this section.
  [(g) Report.--A State that receives a grant under this 
section shall transmit to the Secretary a report documenting 
the manner in which the grant amounts were obligated and 
expended and identifying the specific programs carried out 
using the grant funds. The report shall be in a form prescribed 
by the Secretary and may be combined with other State grant 
reporting requirements under of chapter 4 of title 23, United 
States Code.
  [(h) Definitions.--In this section, the following definitions 
apply:
          [(1) Child restraint.--The term ``child restraint'' 
        means any product designed to provide restraint to a 
        child (including booster seats and other products used 
        with a lap and shoulder belt assembly) that meets 
        applicable Federal motor vehicle safety standards 
        prescribed by the National Highway Traffic Safety 
        Administration.
          [(2) Child safety seat.--The term ``child safety 
        seat'' has the meaning such term has in section 405(f) 
        of title 23, United States Code.
          [(3) Passenger motor vehicle.--The term ``passenger 
        motor vehicle'' has the meaning such term has in 
        section 405(f) of such title.
          [(4) State.--The term ``State'' has the meaning such 
        term has in section 101(a) of such title.]

           *       *       *       *       *       *       *

[SEC. 2013. DRUG-IMPAIRED DRIVING ENFORCEMENT.

  [(a) Illicit Drug.--In this section, the term ``illicit 
drug'' includes substances listed in schedules I through V of 
section 112(e) of the Controlled Substances Act (21 U.S.C. 812) 
not obtained by a legal and valid prescription.
  [(b) Duties.--The Secretary shall--
          [(1) advise and coordinate with other Federal 
        agencies on how to address the problem of driving under 
        the influence of an illegal drug; and
          [(2) conduct research on the prevention, detection, 
        and prosecution of driving under the influence of an 
        illegal drug.
  [(c) Report.--
          [(1) In general.--Not later than 18 months after the 
        date of enactment of this Act, the Secretary, in 
        cooperation with the National Institutes of Health, 
        shall submit to Congress a report on the problem of 
        drug-impaired driving.
          [(2) Contents.--The report shall include, at a 
        minimum, the following:
                  [(A) An assessment of methodologies and 
                technologies for measuring driver impairment 
                resulting from use of the most common illicit 
                drugs (including the use of such drugs in 
                combination with alcohol).
                  [(B) Effective and efficient methods for 
                training law enforcement personnel, including 
                drug recognition experts, to detect or measure 
                the level of impairment of a driver who is 
                under the influence of an illicit drug by the 
                use of technology or otherwise.
                  [(C) A description of the role of drugs as 
                causal factor in traffic crashes and the extent 
                of the problem of drug-impaired driving.
                  [(D) A description and assessment of current 
                State and Federal laws relating to drug-
                impaired driving.
                  [(E) Recommendations for addressing the 
                problem of drug-impaired driving, including 
                recommendations on levels of impairment.
                  [(F) Recommendations for developing a model 
                statute relating to drug-impaired driving.
  [(d) Model Statute.--
          [(1) In general.--The Secretary shall develop a model 
        statute for States relating to drug-impaired driving.
          [(2) Contents.--Based on recommendations and findings 
        contained in the report submitted under subsection (c), 
        the model statute may include--
                  [(A) threshold levels of impairment for 
                illicit drugs;
                  [(B) practicable methods for detecting the 
                presence of illicit drugs; and
                  [(C) penalties for drug impaired driving.
          [(3) Date.--The model statute shall be provided to 
        States not later than 1 year after date of submission 
        of the report under subsection (c).
  [(e) Research and Development.--Section 403(b) of title 23, 
United States Code, is amended by adding at the end the 
following:
          [``(5) Technology to detect drug use and enable 
        States to efficiently process toxicology evidence.
          [``(6) Research on the effects of illicit drugs and 
        the compound effects of alcohol and illicit drugs on 
        impairment.''.
  [(f) Funding.--Out of amounts made available to carry out 
section 403 of title 23, United States Code, for each of fiscal 
years 2006 through 2012, the Secretary shall make available 
$1,200,000 for such fiscal year to carry out this section.

[SEC. 2014. FIRST RESPONDER VEHICLE SAFETY PROGRAM.

  [(a) In General.--Not later than 1 year after the date of 
enactment of this Act, the Secretary, in consultation with the 
Administrator of the National Highway Traffic Safety 
Administration, should--
          [(1) develop and implement a comprehensive program to 
        promote compliance with State and local laws intended 
        to increase the safe and efficient operation of first 
        responder vehicles;
          [(2) compile a list of best practices by State and 
        local governments to promote compliance with the laws 
        described in paragraph (1);
          [(3) analyze State and local laws intended to 
        increase the safe and efficient operation of first 
        responder vehicles; and
          [(4) develop model legislation to increase the safe 
        and efficient operation of first responder vehicles.
  [(b) Partnerships.--The Secretary may enter into partnerships 
with qualified organizations to carry out this section.
  [(c) Public Outreach.--The Secretary shall use a variety of 
public outreach strategies to carry out this section, including 
public service announcements, publication of informational 
materials, and posting information on the Internet.
  [(d) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary such sums as may be 
necessary to carry out this section for fiscal year 2006.]

           *       *       *       *       *       *       *

[SEC. 2016. RURAL STATE EMERGENCY MEDICAL SERVICES OPTIMIZATION PILOT 
                    PROGRAM.

  [(a) In General.--From funds made available to carry out 
section 403 of title 23, United States Code, for fiscal year 
2006, the Secretary shall make $1,000,000 available to conduct 
a pilot program for optimizing emergency medical services in a 
rural State.
  [(b) Collecting Data.--The pilot program shall focus on 
collecting geo-coded data for highway accidents and resulting 
injuries, analyzing data to develop injury patterns and 
distributions, and improving placement and management of 
emergency medical services resources and personnel.
  [(c) Selection.--The Secretary shall enter into an agreement 
with the State of Alaska to conduct the pilot program.
  [(d) Report.--Not later than 12 months after the completion 
of the pilot program, the Secretary shall transmit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results of the 
pilot program and recommendations for application to other 
rural States.

[SEC. 2017. OLDER DRIVER SAFETY; LAW ENFORCEMENT TRAINING.

  [(a) Improving Older Driver Safety.--
          [(1) In general.--Of the funds made available to 
        carry out section 403 of title 23, United States Code, 
        the Secretary shall allocate $1,700,000 for each of 
        fiscal years 2006 through 2012 to conduct a 
        comprehensive research and demonstration program to 
        improve traffic safety pertaining to older drivers.
          [(2) Elements of program.--The program shall--
                  [(A) provide information and guidelines to 
                assist older drivers, physicians, and other 
                related medical personnel, families, licensing 
                agencies, enforcement officers, and various 
                public and transit agencies in enhancing the 
                safety of older drivers;
                  [(B) improve the scientific basis of medical 
                standards and screenings strategies used in the 
                licensing of all drivers in a non-
                discriminatory manner;
                  [(C) conduct field tests to assess the safety 
                benefits and mobility impacts of different 
                driver licensing strategies and driver 
                assessment and rehabilitation methods;
                  [(D) assess the value and improve the safety 
                potential of driver retraining courses of 
                particular benefit to older drivers; and
                  [(E) conduct other activities to accomplish 
                the objectives of this section.
          [(3) Formulation of plan.--After consultation with 
        affected parties, the Secretary shall formulate an 
        older driver traffic safety plan to guide the design 
        and implementation of the program.
          [(4) Submision of plan to congress.--Not later than 1 
        year after the date of enactment of this Act, the 
        Secretary shall submit the plan to the Committee on 
        Transportation and Infrastructure House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate.
  [(b) Law Enforcement Training.--
          [(1) Requirement for program.--The Secretary shall 
        carry out a program to provide guidance and support to 
        law enforcement agencies in police chase techniques 
        that are consistent with the police chase guidelines 
        issued by the International Association of Chiefs of 
        Police.
          [(2) Amount for program.--Of the funds made available 
        to carry out section 403 of title 23, United States 
        Code, the Secretary shall allocate $500,000 in each of 
        fiscal years 2006 through 2012 to carry out this 
        subsection.]

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TITLE III--PUBLIC TRANSPORTATION

           *       *       *       *       *       *       *

SEC. 3009. URBANIZED AREA FORMULA GRANTS.

  (a) * * *

           *       *       *       *       *       *       *

  [(i) Contracted Paratransit Pilot.--
          [(1) In general.--Notwithstanding section 
        5302(a)(1)(I) of title 49, United States Code, for 
        fiscal years 2005 through 2012, a recipient of 
        assistance under section 5307 of such title in 
        urbanized areas with a population of 558,329 or 747,003 
        according to the 2000 decennial census of population 
        may use not more than 20 percent of such recipient's 
        annual formula apportionment under section 5307 of such 
        title for the provision of nonfixed route paratransit 
        services in accordance with section 223 of the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 
        12143), but only if the grant recipient is in 
        compliance with applicable requirements of that Act, 
        including both fixed route and demand responsive 
        service and the service is acquired by contract.
          [(2) Report.--Not later than January 1, 2009, the 
        Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Banking, Housing, 
        and Urban Affairs of the Senate a report on the 
        implementation of this subsection and any 
        recommendations of the Secretary regarding the 
        application of this subsection.]

           *       *       *       *       *       *       *

SEC. 3012. FORMULA GRANTS FOR SPECIAL NEEDS OF ELDERLY INDIVIDUALS AND 
                    INDIVIDUALS WITH DISABILITIES.

  (a) * * *
  [(b) Elderly Individuals and Individuals With Disabilities 
Pilot Program.--
          [(1) In general.--In fiscal year 2006, the Secretary 
        shall establish a pilot program that will allow 
        Wisconsin, Alaska, Minnesota, Oregon, and 3 other 
        States selected by the Secretary to use not more than 
        33 percent of the funds apportioned to each State to 
        carry out section 5310 of title 49, United States Code, 
        for operating costs associated with public 
        transportation projects planned, designed, and carried 
        out to meet the special needs of elderly individuals 
        and individuals with disabilities under such section. 
        The Secretary may base the selection of participating 
        States on a State's exemplary coordination of public 
        transit-human services transportation. The Secretary 
        may require participants to collect data necessary to 
        support the report to Congress required by paragraph 
        (7).
          [(2) Planning coordination.--Recipients of funds made 
        available consistent with this subsection shall certify 
        that--
                  [(A) the projects selected were derived from 
                a locally developed, coordinated public 
                transit-human services transportation plan; and
                  [(B) the plan was developed through a process 
                that included representatives of public, 
                private, and nonprofit transportation and human 
                services providers and participation by the 
                public.
          [(3) Government's share of costs.--Operating 
        assistance under this subsection may not exceed 50 
        percent of the net operating costs of the project, as 
        determined by the Secretary. The credit for any non-
        Federal share provided under this subsection shall not 
        reduce nor replace State funds required to match 
        Federal funds for formula grants for the special needs 
        of elderly individuals and individuals with 
        disabilities program authorized under section 5310 of 
        title 49, United States Code.
          [(4) Remainder.--The remainder of the net project 
        costs--
                  [(A) may be provided from an undistributed 
                cash surplus, a replacement or depreciation 
                cash fund or reserve, a service agreement with 
                a State or local social service agency or a 
                private social service organization, or new 
                capital; and
                  [(B) may be derived from amounts appropriated 
                to or made available to a department or agency 
                of the Government (other than the Department of 
                Transportation) that are eligible to be 
                expended for transportation.
          [(5) Use of certain funds.--For purposes of paragraph 
        (4)(B), the prohibitions on the use of funds for 
        matching requirements under section 403(a)(5)(C)(vii) 
        of the Social Security Act (42 U.S.C. 
        603(a)(5)(C)(vii)) shall not apply to Federal or State 
        funds to be used for transportation purposes.
          [(6) Eligible activities.--Projects eligible under 
        the pilot program may include the collection of data 
        necessary to support the report to Congress required by 
        paragraph (7).
          [(7) Report.--Not later than 2 years after the date 
        of enactment of this Act, the Secretary shall transmit 
        to the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on 
        Banking, Housing, and Urban Affairs of the Senate a 
        report on the pilot program, which may include--
                  [(A) the extent to which funds were used to 
                subsidize existing paratransit service provided 
                in compliance with the Americans with 
                Disabilities Act of 1990;
                  [(B) whether States participating in the 
                pilot program use the funds to provide services 
                to persons with disabilities that exceed those 
                services required by the Americans with 
                Disabilities Act of 1990 differently than 
                States not in the pilot program;
                  [(C) whether States participating in this 
                pilot program use the funds to provide services 
                to individuals with disabilities that exceed 
                those services required by the Americans with 
                Disabilities Act of 1990 to the detriment of 
                other eligible projects;
                  [(D) the percentage of funds used to assist 
                elderly individuals;
                  [(E) the percentage of funds used to assist 
                individuals with disabilities;
                  [(F) the extent to which States participating 
                in this pilot program serve a wider range of 
                elderly, low income, and persons with 
                disabilities populations;
                  [(G) whether the pilot program improves 
                services to elderly individuals and individuals 
                with disabilities;
                  [(H) the extent to which States participating 
                in the pilot program were able to expand the 
                range of transportation alternatives available 
                to elderly individuals and individuals with 
                disabilities; and
                  [(I) whether the pilot program facilitates or 
                discourages coordination with or integration of 
                other funding sources.
          [(8) Sunset.--This subsection shall cease to be 
        effective on September 30, 2012.]

           *       *       *       *       *       *       *

[SEC. 3045. NATIONAL FUEL CELL BUS TECHNOLOGY DEVELOPMENT PROGRAM.

  [(a) Establishment.--The Secretary shall establish a national 
fuel cell bus technology development program (in this section 
referred to as the ``program'') to facilitate the development 
of commercially viable fuel cell bus technology and related 
infrastructure.
  [(b) General Authority.--The Secretary may enter into grants, 
contracts, and cooperative agreements with no more than 3 
geographically diverse nonprofit organizations and recipients 
under chapter 53 of title 49, United States Code, to conduct 
fuel cell bus technology and infrastructure projects under the 
program.
  [(c) Grant Criteria.--In selecting applicants for grants 
under the program, the Secretary shall consider the 
applicant's--
          [(1) ability to contribute significantly to 
        furthering fuel cell technology as it relates to 
        transit bus operations, including hydrogen production, 
        energy storage, fuel cell technologies, vehicle systems 
        integration, and power electronics technologies;
          [(2) financing plan and cost share potential;
          [(3) fuel cell technology to ensure that the program 
        advances different fuel cell technologies, including 
        hydrogen-fueled and methanol-powered liquid-fueled fuel 
        cell technologies, that may be viable for public 
        transportation systems; and
          [(4) other criteria that the Secretary determines are 
        necessary to carry out the program.
  [(d) Competitive Grant Selection.--The Secretary shall 
conduct a national solicitation for applications for grants 
under the program. Grant recipients shall be selected on a 
competitive basis. The Secretary shall give priority 
consideration to applicants that have successfully managed 
advanced transportation technology projects, including projects 
related to hydrogen and fuel cell public transportation 
operations for a period of not less than 5 years.
  [(e) Federal Share.--The Federal share of costs of the 
program shall be provided from funds made available to carry 
out this section. The Federal share of the cost of a project 
carried out under the program shall not exceed 50 percent of 
such cost.
  [(f) Grant Requirements.--A grant under this section shall be 
subject to--
          [(1) all terms and conditions applicable to a grant 
        made under section 5309 of title 49, United States 
        Code; and
          [(2) such other terms and conditions as are 
        determined by the Secretary.

[SEC. 3046. ALLOCATIONS FOR NATIONAL RESEARCH AND TECHNOLOGY PROGRAMS.

  [(a) In General.--Amounts appropriated pursuant to section 
5338(d) of title 49, United States Code, for national research 
and technology programs under sections 5312, 5314, and 5322 of 
such title shall be allocated by the Secretary as follows:
          [(1) Public transportation national security study.--
                  [(A) In general.--Not later than 6 months 
                after the date of enactment of this Act, the 
                Secretary shall enter into an agreement with 
                the National Academy of Sciences to conduct a 
                study and evaluation of the value major public 
                transportation systems in the United States 
                serving the 38 urbanized areas that have a 
                population of more than 1,000,000 individuals 
                provide to the Nation's security and the 
                ability of such systems to accommodate the 
                evacuation, egress or ingress of people to or 
                from critical locations in times of emergency.
                  [(B) Alternative routes.--For each system 
                described in subparagraph (A) the study shall 
                identify--
                          [(i) potential alternative routes for 
                        evacuation using other transportation 
                        modes such as highway, air, marine, and 
                        pedestrian activities; and
                          [(ii) transit routes that, if 
                        disrupted, do not have sufficient 
                        transit alternatives available.
                  [(C) Report.--Not later than 24 months after 
                the date of entry into the agreement, the 
                Academy shall submit to the Secretary and the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives and the 
                Committee on Banking, Housing and Urban Affairs 
                of the Senate a final report on the results of 
                the study and evaluation, together with such 
                recommendations as the Academy considers 
                appropriate.
                  [(D) Funding.--For each of fiscal year 2006 
                and 2007 $250,000 shall be available to carry 
                out this paragraph.
          [(2) Center for transit-oriented development.--For 
        each of fiscal years 2006 through 2009, not less than 
        $1,000,000 shall be made available by the Secretary for 
        establishment and operation of the Center for Transit-
        Oriented Development--
                  [(A) to develop standards and definitions for 
                transit-oriented development adjacent to public 
                transportation facilities;
                  [(B) to develop system planning guidance, 
                performance criteria, and modeling techniques 
                for metropolitan planning agencies and public 
                transportation agencies to maximize ridership 
                through land use planning and adjacent 
                development; and
                  [(C) to provide research support and 
                technical assistance to public transportation 
                agencies, metropolitan planning agencies, and 
                other persons regarding transit-oriented 
                development.
          [(3) Transportation equity research program.--For 
        each of fiscal years 2006 through 2009, not less than 
        $1,000,000 shall be made available by the Secretary for 
        research and demonstration activities that focus on the 
        impacts that transportation planning, investment, and 
        operations have on low-income and minority populations 
        that are transit dependent. Such activities shall 
        include the development of strategies to advance 
        economic and community development in low-income and 
        minority communities and the development of training 
        programs that promote the employment of low-income and 
        minority community residents on Federal-aid 
        transportation projects constructed in their 
        communities.
          [(4) Cognitive impairment study.--For fiscal year 
        2006, $1,000,000 shall be made available by the 
        Secretary for research and demonstration activities 
        that focus on the capacity and resources of Oregon 
        public transportation systems to address the needs, 
        barriers, and desires for travel of people with 
        cognitive impairments.
          [(5) Transit career ladder training program.--For 
        each of fiscal years 2006 through 2009, not less than 
        $1,000,000 shall be available for a nationwide career 
        ladder job training partnership program for public 
        transportation employees to respond to technological 
        changes in the public transportation industry, 
        especially in the area of maintenance. Such program 
        shall be carried out by the Secretary through a 
        contract with a national nonprofit organization with a 
        demonstrated capacity to develop and provide such 
        programs.
          [(6) Pilot program for remote infrared audible 
        signs.--
                  [(A) In general.--For each of fiscal years 
                2006 through 2009, not less than $500,000 shall 
                be made available by the Secretary to carry out 
                a pilot program to determine the benefits of 
                remote infrared audible signage technology for 
                provision of wayfinding and information to 
                people who are visually, cognitively, or 
                learning disabled.
                  [(B) Report.--
                          [(i) In general.--Not later than 
                        September 30, 2009, the Secretary shall 
                        transmit to the Committee on 
                        Transportation and Infrastructure of 
                        the House of Representatives and the 
                        Committee on Banking, Housing, and 
                        Urban Affairs of the Senate a report on 
                        the pilot program carried out under 
                        this section.
                          [(ii) Contents.--The report--
                                  [(I) shall include--
                                          [(aa) an evaluation 
                                        of the effect of the 
                                        pilot program on 
                                        multimodal 
                                        accessibility in public 
                                        transportation;
                                          [(bb) an evaluation 
                                        of the effect of the 
                                        program on operators of 
                                        public transportation 
                                        and their passengers;
                                          [(cc) an evaluation 
                                        of the effect of making 
                                        public transportation 
                                        accessible to people 
                                        with visual, cognitive, 
                                        and learning 
                                        disabilities on 
                                        ridership of public 
                                        transportation and use 
                                        of paratransit; and
                                          [(dd) an evaluation 
                                        of the effect of the 
                                        program on the 
                                        education, community 
                                        integration, work life, 
                                        and general quality of 
                                        life of the targeted 
                                        populations.
          [(7) Hydrogen fuel cell shuttle deployment 
        demonstration project.--To demonstrate the utility of 
        hydrogen fueled vehicles in daily shuttle service, 
        $800,000 in each of fiscal years 2006 and 2007 shall be 
        provided for hydrogen fueled employee shuttle vans, 
        related equipment, operations, public education and 
        outreach to the DaVinci Center in Allentown, 
        Pennsylvania.
          [(8) Wisconsin supplemental transportation rural 
        assistance program (strap).--
                  [(A) In general.--For capital projects, 
                operations, purchase or lease of vehicles, and 
                integration, planning and coordination of 
                public transportation services in the State of 
                Wisconsin that will supplement and expand 
                existing rural and special public 
                transportation services in that State, 
                $2,000,000 in each of fiscal years 2006, 2007, 
                2008, and 2009 shall be provided to the State 
                of Wisconsin Department of Transportation.
                  [(B) Purpose.--Funds received under this 
                program may be used to supplement public 
                transportation programs for rural populations 
                for activities authorized under sections 5310, 
                5311, and 5316 of title 49, United States Code. 
                Funds made available under this program are 
                subject to the requirements of section 5311 of 
                title 49, United States Code, except that funds 
                may be made available for up to 80 percent of 
                net operating costs. In awarding grants made 
                available under this program, the State shall 
                consider--
                          [(i) rural population in the area to 
                        be served by the applicant;
                          [(ii) extent to which the applicant 
                        demonstrates coordination of existing 
                        transportation services or proposed 
                        public transportation services;
                          [(iii) need for additional services 
                        in the area being serviced by the 
                        applicant and the extent to which the 
                        proposed services will address those 
                        needs and provide accessibility for 
                        non-ambulatory recipients;
                          [(iv) extent to which the applicant 
                        demonstrates an innovative approach 
                        that is responsive to the identified 
                        service needs of the rural population; 
                        and
                          [(v) extent to which the applicant 
                        demonstrates that the communities being 
                        served have been consulted in the 
                        planning process.
          [(9) Human services transportation coordination.--
                  [(A) In general.--For the management of a 
                program to improve and enhance the coordination 
                of Federal resources for human services 
                transportation with those of the Department of 
                Transportation, $1,600,000 in each of fiscal 
                years 2006, 2007, 2008, and 2009 shall be 
                provided to a national non-profit organization 
                that is competitively selected by the 
                Secretary. Such organization shall have 
                demonstrated expertise in issues of 
                transportation coordination and in providing 
                technical assistance to local transportation 
                organizations.
                  [(B) Eligible activities.--Under this 
                program, the organization selected by the 
                Secretary shall--
                          [(i) establish an advisory panel 
                        consisting of Federal, State, and local 
                        officials and organizations;
                          [(ii) prepare an inventory of human 
                        service transportation agencies 
                        operating in the United States;
                          [(iii) prepare an inventory of 
                        Federal transportation spending;
                          [(iv) develop a program of technical 
                        assistance and training for human 
                        services transportation organizations 
                        that shall include on-site technical 
                        assistance, a resource clearinghouse, 
                        and preparation of technical manuals;
                          [(v) prepare an annual report for the 
                        Secretary on activities under this 
                        program and make recommendations for 
                        improving coordination.
          [(10) Portland, oregon streetcar prototype purchase 
        and deployment.--Not less than $1,000,000 shall be made 
        available in each of fiscal years 2006, 2007, 2008, and 
        2009 by the Secretary to TriMet for the purchase and 
        deployment of a domestically manufactured streetcar.
          [(11) Public transportation participation pilot 
        program.--
                  [(A) In general.--Of the funds allocated 
                under this section for each of fiscal years 
                2006 through 2009, $1,000,000 for each fiscal 
                year shall be made available by the Secretary 
                to establish a pilot program to support 
                planning and public participation activities 
                related to public transportation projects.
                  [(B) Eligible activities.--Activities 
                eligible to be carried out under the pilot 
                program may include the following:
                          [(i) Improving data collection 
                        analysis and transportation access for 
                        all users of the public transportation 
                        systems.
                          [(ii) Supporting public participation 
                        through the project development phases.
                          [(iii) Using innovative techniques to 
                        improve the coordination of 
                        transportation alternatives.
                          [(iv) Enhancing the coordination of 
                        public transportation benefits and 
                        services.
                          [(v) Contracting with stakeholders to 
                        focus on the delivery of transportation 
                        plans and programs.
                          [(vi) Measuring and reporting on the 
                        annual performance of the 
                        transportation systems.
          [(12) Transportation hybrid electric vehicle and fuel 
        cell research.--$500,000 in each of fiscal years 2006 
        through 2009 for a transportation hybrid electric 
        vehicle and fuel cell research program at the 
        University of Alabama.
          [(13) Trauma care system research and development.--
        $500,000 in each of fiscal years 2006 through 2009 for 
        trauma care system research and development at the 
        University of Alabama in Birmingham.
          [(14) Transportation infrastructure and logistics 
        research.--$500,000 in each of fiscal years 2006 
        through 2009 for transportation infrastructure and 
        logistics research at the University of Alabama in 
        Huntsville.
          [(15) National bus rapid transit institute.--
        $1,750,000 in each of fiscal years 2006 though 2009 for 
        the National Bus Rapid Transit Institute at the 
        University of South Florida.
          [(16) Application of information technology to 
        transportation logistics and security.--$400,000 in 
        each of fiscal years 2006 through 2009 for research on 
        the application of information technology to 
        transportation logistics and security at the Northern 
        Kentucky University.
          [(17) Intelligent transportation system pilot 
        project.--$465,000 in each of fiscal years 2006 through 
        2009 for an intelligent transportation system pilot 
        project with the National Consortium on Remote Sensing 
        in Transportation Flows at the Ohio State University.
          [(18) Regional public safety training center.--
        $500,000 in each of fiscal years 2006 through 2009 for 
        a regional public safety training center at the Lehigh-
        Carbon Community College.
          [(19) Transit security training facility.--$750,000 
        in each of fiscal years 2006 though 2009 for a transit 
        security training facility in Chester County, 
        Pennsylvania.
          [(20) Small urban and rural transit center.--$800,000 
        in fiscal year 2006, $800,000 in fiscal year 2007, 
        $1,200,000 in fiscal year 2008, and $1,200,000 in 
        fiscal year 2009 for the Small Urban and Rural Transit 
        Center at North Dakota State University.
          [(21) Advanced technology bus rapid transit 
        project.--$500,000 in fiscal year 2006, $540,000 in 
        fiscal year 2007, $550,000 in fiscal year 2008, and 
        $625,000 in fiscal year 2009 for the Southeastern 
        Connecticut Advanced Technology Bus Rapid Transit 
        Project.
          [(22) Greater new haven transit district fuel cell-
        powered bus research.--$500,000 in fiscal year 2006, 
        $540,000 in fiscal year 2007, $550,000 in fiscal year 
        2008, and $625,000 in fiscal year 2009 for the Greater 
        New Haven Transit District Fuel Cell-Powered Bus 
        Research.
          [(23) Center for advanced transportation 
        initiatives.--$500,000 in fiscal year 2006, $540,000 in 
        fiscal year 2007, $540,000 in fiscal year 2008, and 
        $625,000 in fiscal year 2009 for the Rutgers Center for 
        Advanced Transportation Initiatives (CAIT).
          [(24) Institute of technology's transportation, 
        economic, and land use system.--$500,000 in fiscal year 
        2006, $540,000 in fiscal year 2007, $540,000 in fiscal 
        year 2008, and $625,000 in fiscal year 2009 for the New 
        Jersey Institute of Technology's Transportation, 
        Economic, and Land Use System program (TELUS).
          [(25) Regional transit training consortium pilot 
        program.--$270,000 in fiscal year 2006, $380,000 in 
        fiscal year 2007, $380,000 in fiscal year 2008, and 
        $450,000 in fiscal year 2009 for the Southern 
        California Regional Transit Training Consortium Pilot 
        Program.
  [(b) Remainder.--After making allocations under subsection 
(a), the remainder of funds made available by section 5338(d) 
of title 49, United States Code, for national research and 
technology programs under sections 5312, 5314, and 5322 for a 
fiscal year shall be allocated at the discretion of the 
Secretary to other transit research, development, demonstration 
and deployment projects authorized by sections 5312, 5314, and 
5322 of such title.
  [(c) Additional Appropriations.--The Secretary shall allocate 
amounts appropriated pursuant to section 5338(d) of title 49, 
United States Code, for national research and technology 
programs under sections 5312, 5314, and 5322 of such title--
          [(1) for each of fiscal years 2010 and 2011, in 
        amounts equal to the amounts allocated for fiscal year 
        2009 under each of paragraphs (2), (3), (5), (6), and 
        (8) through (25) of subsection (a); and
          [(2) for fiscal year 2012, in amounts equal to 63 
        percent of the amounts allocated for fiscal year 2009 
        under each of paragraphs (2), (3), (5), and (8) through 
        (25) of subsection (a).
  [(d) Funding.--If the Secretary determines that a project or 
activity described in subsection (a) received sufficient funds 
in fiscal year 2011, or a previous fiscal year, to carry out 
the purpose for which the project or activity was authorized, 
the Secretary may not allocate any amounts under subsection (c) 
for the project or activity for fiscal year 2012, or any 
subsequent fiscal year.]

           *       *       *       *       *       *       *

TITLE IV--MOTOR CARRIER SAFETY

           *       *       *       *       *       *       *

Subtitle A--Commercial Motor Vehicle Safety

           *       *       *       *       *       *       *

SEC. 4123. COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM 
                    MODERNIZATION.

  (a) * * *

           *       *       *       *       *       *       *

  [(c) Grants.--
          [(1) In general.--The Secretary may make a grant to a 
        State or organization representing agencies and 
        officials of a State in a fiscal year to modernize the 
        commercial driver's license information system of the 
        State to be compatible with the modernized commercial 
        driver's license information system under section 31309 
        of title 49, United States Code, if the State is in 
        substantial compliance with the requirements of section 
        31311 of such title and this section, as determined by 
        the Secretary.
          [(2) Criteria.--The Secretary shall establish 
        criteria for the distribution of grants and notify each 
        State annually of such criteria.
          [(3) Use of grant.--A State may use a grant under 
        this subsection only to implement improvements that are 
        consistent with the modernization plan developed by the 
        Secretary.
          [(4) Government share.--A grant under this subsection 
        to a State or organization may not be for more than 80 
        percent of the costs incurred by the State or 
        organization in a fiscal year in modernizing the 
        commercial driver's license information system of the 
        State to be compatible with the modernized commercial 
        driver's license information system under section 31309 
        of title 49, United States Code. In determining these 
        costs, the Secretary shall include in-kind 
        contributions of the State.
  [(d) Funding.--There are authorized to be appropriated from 
the Highway Trust Fund (other than the Mass Transit Account) to 
carry out this section--
          [(1) $5,000,000 for fiscal year 2006;
          [(2) $7,000,000 for fiscal year 2007;
          [(3) $8,000,000 for fiscal year 2008;
          [(4) $8,000,000 for fiscal year 2009;
          [(5) $8,000,000 for fiscal year 2010; and
          [(6) $8,000,000 for fiscal year 2011.
  [(e) Contract Authority and Availability.--
          [(1) Period of availability.--The amounts made 
        available under subsection (d) shall remain available 
        until expended.
          [(2) Initial date of availability.--Amounts 
        authorized to be appropriated from the Highway Trust 
        Fund (other than the Mass Transit Account) by 
        subsection (d) shall be available for obligation on the 
        date of their apportionment or allocation or on October 
        1 of the fiscal year for which they are authorized, 
        whichever occurs first.
          [(3) Contract authority.--Approval by the Secretary 
        of a grant with funds made available under subsection 
        (d) imposes upon the United States a contractual 
        obligation for payment of the Government's share of 
        costs incurred in carrying out the objectives of the 
        grant.]

           *       *       *       *       *       *       *

SEC. 4126. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS 
                    DEPLOYMENT.

  (a) In General.--The Secretary shall carry out a commercial 
vehicle information systems and networks program to--
          (1) improve the safety and productivity of commercial 
        vehicles and drivers; [and]
          (2) reduce costs associated with commercial vehicle 
        operations [and Federal and State commercial vehicle 
        regulatory requirements.];
          (3) facilitate compliance with Federal and State 
        commercial motor vehicle regulatory requirements; and
          (4) provide assistance for State participation in the 
        performance and registration information systems 
        management program under section 31109.

           *       *       *       *       *       *       *

  (c) Core Deployment Grants.--
          (1) * * *
          [(2) Amount of grants.--The maximum aggregate amount 
        the Secretary may grant to a State for the core 
        deployment of commercial vehicle information systems 
        and networks under this subsection and sections 
        5001(a)(5) and 5001(a)(6) of the Transportation Equity 
        Act for the 21st Century (112 Stat. 420) may not exceed 
        $2,500,000.]
          [(3)] (2) Use of funds.--Funds from a grant under 
        this subsection may only be used for the core 
        deployment of commercial vehicle information systems 
        and networks. An eligible State that has either 
        completed the core deployment of commercial vehicle 
        information systems and networks or completed such 
        deployment before grant funds are expended under this 
        subsection may use the grant funds for the expanded 
        deployment of commercial vehicle information systems 
        and networks in the State.
  (d) Expanded Deployment Grants.--
          (1) * * *

           *       *       *       *       *       *       *

          [(3) Amount of grants.--Each fiscal year, the 
        Secretary may distribute funds available for expanded 
        deployment grants equally among the eligible States, 
        but not to exceed $1,000,000 per State.]
          [(4)] (3) Use of funds.--A State may use funds from a 
        grant under this subsection only for the expanded 
        deployment of commercial vehicle information systems 
        and networks.
  (e) Eligibility.--To be eligible for a grant under this 
section, a State--
          (1) * * *
          (2) shall certify to the Secretary that its 
        commercial vehicle information systems and networks 
        deployment activities, including hardware procurement, 
        software and system development, and infrastructure 
        modifications--
                  (A) * * *
                  (B) promote interoperability and efficiency 
                in interstate commerce to the extent 
                practicable; [and]
          (3) shall agree to execute interoperability tests 
        developed by the Federal Motor Carrier Safety 
        Administration to verify that its systems conform with 
        the national intelligent transportation systems 
        architecture, applicable standards, and protocols for 
        commercial vehicle information systems and networks[.]; 
        and
          (4) shall be participating not later than September 
        30, 2015, in the performance and registration 
        information systems management program under section 
        31109 of title 49, United States Code.
  (f) Federal Share.--[The Federal]
          (1) In general.--The Federal share of the cost of a 
        project payable from funds made available to carry out 
        this section shall not exceed 50 percent. The total 
        Federal share of the cost of a project payable from all 
        eligible Federal sources shall not exceed 80 percent.
          (2) Performance and registration information systems 
        management program.--Notwithstanding any other 
        provision of this subsection, the Federal share of the 
        cost of a project relating to participation in the 
        performance and registration information systems 
        management program under section 31109 of title 49, 
        United States Code, shall be 100 percent for fiscal 
        years 2013 through 2016.

           *       *       *       *       *       *       *

[SEC. 4127. OUTREACH AND EDUCATION.

  [(a) In General.--The Secretary shall conduct, through any 
combination of grants, contracts, or cooperative agreements, an 
outreach and education program to be administered by the 
Federal Motor Carrier Safety Administration and the National 
Highway Traffic Safety Administration.
  [(b) Program Elements.--The program shall include, at a 
minimum, the following:
          [(1) A program to promote a more comprehensive and 
        national effort to educate commercial motor vehicle 
        drivers and passenger vehicle drivers about how 
        commercial motor vehicle drivers and passenger vehicle 
        drivers can more safely share the road with each other.
          [(2) A program to promote enhanced traffic 
        enforcement efforts aimed at reducing the incidence of 
        the most common unsafe driving behaviors that cause or 
        contribute to crashes involving commercial motor 
        vehicles and passenger vehicles.
          [(3) A program to establish a public-private 
        partnership to provide resources and expertise for the 
        development and dissemination of information relating 
        to sharing the road referred to in paragraphs (1) and 
        (2) to each partner's constituents and to the general 
        public through the use of brochures, videos, paid and 
        public advertisements, the Internet, and other media.
  [(c) Federal Share.--The Federal share of a program or 
activity for which a grant is made under this section shall be 
100 percent of the cost of such program or activity.
  [(d) Annual Report.--The Secretary shall prepare and transmit 
to Congress an annual report on the programs and activities 
carried out under this section. The final annual report shall 
be submitted not later than September 30, 2009.
  [(e) Funding.--From amounts made available under section 
31104(i) of title 49, United States Code, the Secretary shall 
make available $1,000,000 to the Federal Motor Carrier Safety 
Administration, and $3,000,000 to the National Highway Traffic 
Safety Administration, for each of fiscal years 2006, 2007, 
2008, 2009, 2010, 2011, and 2012 to carry out this section 
(other than subsection (f)).
  [(f) Study.--The Comptroller General shall update the 
Government Accountability Office's evaluation of the ``Share 
the Road Safely'' program to determine if it has achieved 
reductions in the number and severity of commercial motor 
vehicle crashes, including reductions in the number of deaths 
and the severity of injuries sustained in these crashes and 
shall report its updated evaluation to Congress no later than 
June 30, 2006.

[SEC. 4128. SAFETY DATA IMPROVEMENT PROGRAM.

  [(a) In General.--The Secretary shall make grants to States 
for projects and activities to improve the accuracy, 
timeliness, and completeness of commercial motor vehicle safety 
data reported to the Secretary.
  [(b) Eligibility.--A State shall be eligible for a grant 
under this section in a fiscal year if the Secretary determines 
that the State has--
          [(1) conducted a comprehensive audit of its 
        commercial motor vehicle safety data system within the 
        preceding 2 years;
          [(2) developed a plan that identifies and prioritizes 
        its commercial motor vehicle safety data needs and 
        goals; and
          [(3) identified performance-based measures to 
        determine progress toward those goals.
  [(c) Federal Share.--The Federal share of a grant under this 
section shall be 80 percent of the cost of the activities for 
which the grant is made.
  [(d) Biennial Report.--Not later than 2 years after the date 
of enactment of this Act, and biennially thereafter, the 
Secretary shall transmit to Congress a report on the activities 
and results of the program carried out under this section, 
together with any recommendations the Secretary determines 
appropriate.]

           *       *       *       *       *       *       *

[SEC. 4134. GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS.

  [(a) Establishment.--The Secretary shall establish a grant 
program for persons to train operators of commercial motor 
vehicles (as defined in section 31301 of title 49, United 
States Code). The purpose of the program shall be to train 
operators and future operators in the safe use of such 
vehicles.
  [(b) Federal Share.--The Federal share of the cost for which 
a grant is made under this section shall be 80 percent.
  [(c) Funding.--From amounts made available under section 
31104(i) of title 49, United States Code, the Secretary shall 
make available $1,000,000 for each of fiscal years 2005 through 
2012 to carry out this section.]

           *       *       *       *       *       *       *

SEC. 4144. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Termination Date.--Notwithstanding the Federal Advisory 
Committee Act (5 U.S.C. App.), the advisory committee [shall 
terminate on September 30, 2012.] shall terminate on September 
30, 2017.

           *       *       *       *       *       *       *

TITLE V--RESEARCH

           *       *       *       *       *       *       *

Subtitle C--Intelligent Transportation System Research

           *       *       *       *       *       *       *

[SEC. 5303. GOALS AND PURPOSES.

  [(a) Goals.--The goals of the intelligent transportation 
system program include--
          [(1) enhancement of surface transportation efficiency 
        and facilitation of intermodalism and international 
        trade to enable existing facilities to meet a 
        significant portion of future transportation needs, 
        including public access to employment, goods, and 
        services and to reduce regulatory, financial, and other 
        transaction costs to public agencies and system users;
          [(2) achievement of national transportation safety 
        goals, including the enhancement of safe operation of 
        motor vehicles and nonmotorized vehicles and improved 
        emergency response to a crash, with particular emphasis 
        on decreasing the number and severity of collisions;
          [(3) protection and enhancement of the natural 
        environment and communities affected by surface 
        transportation, with particular emphasis on assisting 
        State and local governments to achieve national 
        environmental goals;
          [(4) accommodation of the needs of all users of 
        surface transportation systems, including operators of 
        commercial motor vehicles, passenger motor vehicles, 
        motorcycles, bicycles and pedestrians, including 
        individuals with disabilities; and
          [(5) improvement of the Nation's ability to respond 
        to security-related or other manmade emergencies and 
        natural disasters and enhancement of national defense 
        mobility.
  [(b) Purposes.--The Secretary shall implement activities 
under the intelligent system transportation program to, at a 
minimum--
          [(1) expedite, in both metropolitan and rural areas, 
        deployment and integration of intelligent 
        transportation systems for consumers of passenger and 
        freight transportation;
          [(2) ensure that Federal, State, and local 
        transportation officials have adequate knowledge of 
        intelligent transportation systems for consideration in 
        the transportation planning process;
          [(3) improve regional cooperation and operations 
        planning for effective intelligent transportation 
        system deployment;
          [(4) promote the innovative use of private resources;
          [(5) facilitate, in cooperation with the motor 
        vehicle industry, the introduction of vehicle-based 
        safety enhancing systems;
          [(6) support the application of intelligent 
        transportation systems that increase the safety and 
        efficiency of commercial motor vehicle operations;
          [(7) develop a workforce capable of developing, 
        operating, and maintaining intelligent transportation 
        systems; and
          [(8) provide continuing support for operations and 
        maintenance of intelligent transportation systems.

[SEC. 5304. INFRASTRUCTURE DEVELOPMENT.

  [Funds made available to carry out this subtitle for 
operational tests--
          [(1) shall be used primarily for the development of 
        intelligent transportation system infrastructure; and
          [(2) to the maximum extent practicable, shall not be 
        used for the construction of physical highway and 
        public transportation infrastructure unless the 
        construction is incidental and critically necessary to 
        the implementation of an intelligent transportation 
        system project.

[SEC. 5305. GENERAL AUTHORITIES AND REQUIREMENTS.

  [(a) Scope.--Subject to the provisions of this subtitle, the 
Secretary shall conduct an ongoing intelligent transportation 
system program to research, develop, and operationally test 
intelligent transportation systems and to provide technical 
assistance in the nationwide application of those systems as a 
component of the surface transportation systems of the United 
States.
  [(b) Policy.--Intelligent transportation system research 
projects and operational tests funded pursuant to this subtitle 
shall encourage and not displace public-private partnerships or 
private sector investment in such tests and projects.
  [(c) Cooperation With Governmental, Private, and Educational 
Entities.--The Secretary shall carry out the intelligent 
transportation system program in cooperation with State and 
local governments and other public entities, the private sector 
firms of the United States, the Federal laboratories, and 
colleges and universities, including historically Black 
colleges and universities and other minority institutions of 
higher education.
  [(d) Consultation With Federal Officials.--In carrying out 
the intelligent transportation system program, the Secretary 
shall consult with the heads of other Federal departments and 
agencies, as appropriate.
  [(e) Technical Assistance, Training, and Information.--The 
Secretary may provide technical assistance, training, and 
information to State and local governments seeking to 
implement, operate, maintain, or evaluate intelligent 
transportation system technologies and services.
  [(f) Transportation Planning.--The Secretary may provide 
funding to support adequate consideration of transportation 
systems management and operations, including intelligent 
transportation systems, within metropolitan and statewide 
transportation planning processes.
  [(g) Information Clearinghouse.--
          [(1) In general.--The Secretary shall--
                  [(A) maintain a repository for technical and 
                safety data collected as a result of federally 
                sponsored projects carried out under this 
                subtitle (including the amendments made by this 
                subtitle); and
                  [(B) make, on request, that information 
                (except for proprietary information and data) 
                readily available to all users of the 
                repository at an appropriate cost.
          [(2) Agreement.--
                  [(A) In general.--The Secretary may enter 
                into an agreement with a third party for the 
                maintenance of the repository for technical and 
                safety data under paragraph (1)(A).
                  [(B) Federal financial assistance.--If the 
                Secretary enters into an agreement with an 
                entity for the maintenance of the repository, 
                the entity shall be eligible for Federal 
                financial assistance under this section.
          [(3) Availability of information.--Information in the 
        repository shall not be subject to sections 552 and 555 
        of title 5, United States Code.
  [(h) Advisory Committee.--
          [(1) In general.--The Secretary shall establish an 
        Advisory Committee to advise the Secretary on carrying 
        out this subtitle.
          [(2) Membership.--The Advisory Committee shall have 
        no more than 20 members, be balanced between 
        metropolitan and rural interests, and include, at a 
        minimum--
                  [(A) a representative from a State highway 
                department;
                  [(B) a representative from a local highway 
                department who is not from a metropolitan 
                planning organization;
                  [(C) a representative from a State, local, or 
                regional transit agency;
                  [(D) a representative from a metropolitan 
                planning organization;
                  [(E) a private sector user of intelligent 
                transportation system technologies;
                  [(F) an academic researcher with expertise in 
                computer science or another information science 
                field related to intelligent transportation 
                systems, and who is not an expert on 
                transportation issues;
                  [(G) an academic researcher who is a civil 
                engineer;
                  [(H) an academic researcher who is a social 
                scientist with expertise in transportation 
                issues;
                  [(I) a representative from a nonprofit group 
                representing the intelligent transportation 
                system industry;
                  [(J) a representative from a public interest 
                group concerned with safety;
                  [(K) a representative from a public interest 
                group concerned with the impact of the 
                transportation system on land use and 
                residential patterns; and
                  [(L) members with expertise in planning, 
                safety, and operations.
          [(3) Duties.--The Advisory Committee shall, at a 
        minimum, perform the following duties:
                  [(A) Provide input into the development of 
                the Intelligent Transportation System aspects 
                of the strategic plan under section 508 of 
                title 23, United States Code.
                  [(B) Review, at least annually, areas of 
                intelligent transportation systems research 
                being considered for funding by the Department, 
                to determine--
                          [(i) whether these activities are 
                        likely to advance either the state-of-
                        the-practice or state-of-the-art in 
                        intelligent transportation systems;
                          [(ii) whether the intelligent 
                        transportation system technologies are 
                        likely to be deployed by users, and if 
                        not, to determine the barriers to 
                        deployment; and
                          [(iii) the appropriate roles for 
                        government and the private sector in 
                        investing in the research and 
                        technologies being considered.
          [(4) Report.--Not later than February 1 of each year 
        after the date of enactment of this Act, the Secretary 
        shall transmit to the Congress a report including--
                  [(A) all recommendations made by the Advisory 
                Committee during the preceding calendar year;
                  [(B) an explanation of how the Secretary has 
                implemented those recommendations; and
                  [(C) for recommendations not implemented, the 
                reasons for rejecting the recommendations.
          [(5) Applicability of federal advisory committee 
        act.--The Advisory Committee shall be subject to the 
        Federal Advisory Committee Act (5 U.S.C. App.).
  [(i) Reporting.--
          [(1) Guidelines and requirements.--
                  [(A) In general.--The Secretary shall issue 
                guidelines and requirements for the reporting 
                and evaluation of operational tests and 
                deployment projects carried out under this 
                subtitle.
                  [(B) Objectivity and independence.--The 
                guidelines and requirements issued under 
                subparagraph (A) shall include provisions to 
                ensure the objectivity and independence of the 
                reporting entity so as to avoid any real or 
                apparent conflict of interest or potential 
                influence on the outcome by parties to any such 
                test or deployment project or by any other 
                formal evaluation carried out under this 
                subtitle.
                  [(C) Funding.--The guidelines and 
                requirements issued under subparagraph (A) 
                shall establish reporting funding levels based 
                on the size and scope of each test or project 
                that ensure adequate reporting of the results 
                of the test or project.
          [(2) Special rule.--Any survey, questionnaire, or 
        interview that the Secretary considers necessary to 
        carry out the reporting of any test, deployment 
        project, or program assessment activity under this 
        subtitle shall not be subject to chapter 35 of title 
        44, United States Code.

[SEC. 5306. RESEARCH AND DEVELOPMENT.

  [(a) In General.--The Secretary shall carry out a 
comprehensive program of intelligent transportation system 
research, development, and operational tests of intelligent 
vehicles and intelligent infrastructure systems and other 
similar activities that are necessary to carry out this 
subtitle.
  [(b) Priority Areas.--Under the program, the Secretary shall 
give higher priority to funding projects that--
          [(1) enhance mobility and productivity through 
        improved traffic management, incident management, 
        transit management, freight management, road weather 
        management, toll collection, traveler information, or 
        highway operations systems and remote sensing products;
          [(2) utilize interdisciplinary approaches to develop 
        traffic management strategies and tools to address 
        multiple impacts of congestion concurrently;
          [(3) address traffic management, incident management, 
        transit management, toll collection traveler 
        information, or highway operations systems with goals 
        of--
                  [(A) reducing metropolitan congestion by not 
                less than 5 percent by 2010;
                  [(B) ensuring that a national, interoperable 
                5-1-1 system, along with a national traffic 
                information system that includes a user-
                friendly, comprehensive website, is fully 
                implemented for use by travelers throughout the 
                United States by September 30, 2010; and
                  [(C)(i) improving incident management 
                response, particularly in rural areas, so that 
                rural emergency response times are reduced by 
                an average of 10 minutes; and
                  [(ii) improving communication between 
                emergency care providers and trauma centers;
          [(4) incorporate research on the impact of 
        environmental, weather, and natural conditions on 
        intelligent transportation systems, including the 
        effects of cold climates;
          [(5) enhance intermodal use of intelligent 
        transportation systems for diverse groups, including 
        for emergency and health-related services;
          [(6) enhance safety through improved crash avoidance 
        and protection, crash and other notification, 
        commercial motor vehicle operations, and 
        infrastructure-based or cooperative safety systems; and
          [(7) facilitate the integration of intelligent 
        infrastructure, vehicle, and control technologies.
  [(c) Federal Share.--The Federal share of the cost of 
operational tests and demonstrations under subsection (a) shall 
not exceed 80.

[SEC. 5307. NATIONAL ARCHITECTURE AND STANDARDS.

  [(a) In General.--
          [(1) Development, implementation, and maintenance.--
        Consistent with section 12(d) of the National 
        Technology Transfer and Advancement Act of 1995 (15 
        U.S.C. 272 note; 110 Stat. 783), the Secretary shall 
        develop, implement, and maintain a national 
        architecture and supporting standards and protocols to 
        promote the widespread use and evaluation of 
        intelligent transportation system technology as a 
        component of the surface transportation systems of the 
        United States.
          [(2) Interoperability and efficiency.--To the maximum 
        extent practicable, the national architecture shall 
        promote interoperability among, and efficiency of, 
        intelligent transportation system technologies 
        implemented throughout the United States.
          [(3) Use of standards development organizations.--In 
        carrying out this section, the Secretary shall use the 
        services of such standards development organizations as 
        the Secretary determines to be appropriate.
          [(4) Use of expert panel.--
                  [(A) Designation.--The Secretary shall 
                designate a panel of experts to recommend ways 
                to expedite and streamline the process for 
                developing the standards and protocols to be 
                developed pursuant to paragraph (1).
                  [(B) Nonapplicability of advisory committee 
                act.--The expert panel shall not be subject to 
                the Federal Advisory Committee Act (5 U.S.C. 
                App.).
                  [(C) Deadline for recommendation.--Not later 
                than September 30, 2007, the expert panel shall 
                provide the Secretary with a recommendation 
                relating to such standards development.
  [(b) Provisional Standards.--
          [(1) In general.--If the Secretary finds that the 
        development or balloting of an intelligent 
        transportation system standard jeopardizes the timely 
        achievement of the objectives identified in subsection 
        (a), the Secretary may establish a provisional 
        standard, after consultation with affected parties, 
        using, to the extent practicable, the work product of 
        appropriate standards development organizations.
          [(2) Period of effectiveness.--A provisional standard 
        established under paragraph (1) shall be published in 
        the Federal Register and remain in effect until the 
        appropriate standards development organization adopts 
        and publishes a standard.
  [(c) Conformity With National Architecture.--
          [(1) In general.--Except as provided in paragraphs 
        (2) and (3), the Secretary shall ensure that 
        intelligent transportation system projects carried out 
        using funds made available from the Highway Trust Fund, 
        including funds made available under this subtitle to 
        deploy intelligent transportation system technologies, 
        conform to the national architecture, applicable 
        standards or provisional standards, and protocols 
        developed under subsection (a).
          [(2) Secretary's discretion.--The Secretary may 
        authorize exceptions to paragraph (1) for--
                  [(A) projects designed to achieve specific 
                research objectives outlined in the national 
                intelligent transportation system program plan 
                or the surface transportation research and 
                development strategic plan developed under 
                section 508 of title 23, United States Code; or
                  [(B) the upgrade or expansion of an 
                intelligent transportation system in existence 
                on the date of enactment of this Act if the 
                Secretary determines that the upgrade or 
                expansion--
                          [(i) would not adversely affect the 
                        goals or purposes of this subtitle;
                          [(ii) is carried out before the end 
                        of the useful life of such system; and
                          [(iii) is cost-effective as compared 
                        to alternatives that would meet the 
                        conformity requirement of paragraph 
                        (1).
          [(3) Exceptions.--Paragraph (1) shall not apply to 
        funds used for operation or maintenance of an 
        intelligent transportation system in existence on the 
        date of enactment of this Act.

[SEC. 5308. ROAD WEATHER RESEARCH AND DEVELOPMENT PROGRAM.

  [(a) Establishment.--The Secretary shall establish a road 
weather research and development program to--
          [(1) maximize use of available road weather 
        information and technologies;
          [(2) expand road weather research and development 
        efforts to enhance roadway safety, capacity, and 
        efficiency while minimizing environmental impacts; and
          [(3) promote technology transfer of effective road 
        weather scientific and technological advances.
  [(b) Stakeholder Input.--In carrying out this section, the 
Secretary shall consult with the National Oceanic and 
Atmospheric Administration, the National Science Foundation, 
the American Association of State Highway and Transportation 
Officials, nonprofit organizations, and the private sector.
  [(c) Contents.--The program established under this section 
shall solely carry out research and development called for in 
the National Research Council's report entitled ``A Research 
Agenda for Improving Road Weather Services''. Such research and 
development includes--
          [(1) integrating existing observational networks and 
        data management systems for road weather applications;
          [(2) improving weather modeling capabilities and 
        forecast tools, such as the road surface and 
        atmospheric interface;
          [(3) enhancing mechanisms for communicating road 
        weather information to users, such as transportation 
        officials and the public; and
          [(4) integrating road weather technologies into an 
        information infrastructure.
  [(d) Activities.--In carrying out this section, the Secretary 
shall--
          [(1) enable efficient technology transfer;
          [(2) improve education and training of road weather 
        information users, such as State and local 
        transportation officials and private sector 
        transportation contractors; and
          [(3) coordinate with transportation weather research 
        programs in other modes, such as aviation.
  [(e) Funding.--
          [(1) In general.--In awarding funds under this 
        section, the Secretary shall give preference to 
        applications with significant matching funds from non-
        Federal sources.
          [(2) Funds for road weather research and 
        development.--Of the amounts made available by section 
        5101(a)(5) of this Act, $5,000,000 for each of fiscal 
        years 2006 through 2009 shall be available to carry out 
        this section.

[SEC. 5309. CENTERS FOR SURFACE TRANSPORTATION EXCELLENCE.

  [(a) Establishment.--The Secretary shall establish 4 centers 
for surface transportation excellence.
  [(b) Goals.--The goals of the centers for surface 
transportation excellence are to promote and support strategic 
national surface transportation programs and activities 
relating to the work of State departments of transportation in 
the areas of environment, surface transportation safety, rural 
safety, and project finance.
  [(c) Role of Centers.--To achieve the goals set forth in 
subsection (b), the Secretary shall establish the 4 centers as 
follows:
          [(1) Environmental excellence.--To provide technical 
        assistance, information sharing of best practices, and 
        training in the use of tools and decision-making 
        processes that can assist States in planning and 
        delivering environmentally sound surface transportation 
        projects.
          [(2) Surface transportation safety.--To develop and 
        disseminate advanced transportation safety techniques 
        and innovations in both rural areas and urban 
        communities. The center will use a controlled access 
        highway with state-of-the-art features, to test safety 
        devices and techniques that enhance driver performance, 
        examine advanced pavement and lighting systems, and 
        develop techniques to address older driver and fatigue 
        driver issues.
          [(3) Rural safety.--To provide research, training, 
        and outreach on innovative uses of technology to 
        enhance rural safety and economic development, assess 
        local community needs to improve access to mobile 
        emergency treatment, and develop online and seminar 
        training needs of rural transportation practitioners 
        and policy-makers.
          [(4) Project finance.--To provide support to State 
        transportation departments in the development of 
        finance plans and project oversight tools and to 
        develop and offer training in state-of-the-art 
        financing methods to advance projects and leverage 
        funds.
  [(d) Funding.--
          [(1) In general.--Of the amounts made available by 
        section 5101(a)(1) of this Act, $3,750,000 for each of 
        fiscal years 2006 through 2009 shall be available to 
        carry out this section.
          [(2) Allocation of funds.--Of the funds made 
        available under paragraph (1) the Secretary shall use 
        such amounts as follows:
                  [(A) $1,250,000 to establish the Center for 
                Environmental Excellence.
                  [(B) $750,000 to establish the Center for 
                Excellence in Surface Transportation Safety at 
                the Virginia Tech Transportation Institute.
                  [(C) $875,000 to establish the Center for 
                Excellence in Rural Safety at the Hubert H. 
                Humphrey Institute, Minnesota.
                  [(D) $875,000 to establish the Center for 
                Excellence in Project Finance.
          [(3) Applicability of title 23.--Funds authorized by 
        this section shall be available for obligation in the 
        same manner as if such funds were apportioned under 
        chapter 1 of title 23, United States Code, except that 
        the Federal share shall be 100 percent.
  [(e) Program Administration.--
          [(1) Competition.--A party entering into a contract, 
        cooperative agreement, or other transaction with the 
        Secretary, or receiving a grant to perform research or 
        provide technical assistance under subsections 
        (d)(2)(A) and (d)(2)(D) shall be selected on a 
        competitive basis, to the maximum extent practicable.
          [(2) Strategic plan.--The Secretary shall require 
        each center to develop a multiyear strategic plan that 
        describes--
                  [(A) the activities to be undertaken; and
                  [(B) how the work of the center is 
                coordinated with the activities of the Federal 
                Highway Administration and the various other 
                research, development, and technology transfer 
                activities authorized by this title. Such plans 
                shall be submitted to the Secretary by January 
                1, 2006, and each year thereafter.

[SEC. 5310. DEFINITIONS.

  [In this subtitle, the following definitions apply:
          [(1) Incident.--The term ``incident'' means a crash, 
        a natural disaster, workzone activity, special event, 
        or other emergency road user occurrence that adversely 
        affects or impedes the normal flow of traffic.
          [(2) Intelligent transportation infrastructure.--The 
        term ``intelligent transportation infrastructure'' 
        means fully integrated public sector intelligent 
        transportation system components, as defined by the 
        Secretary.
          [(3) Intelligent transportation system.--The term 
        ``intelligent transportation system'' means 
        electronics, photonics, communications, or information 
        processing used singly or in combination to improve the 
        efficiency or safety of a surface transportation 
        system.
          [(4) National architecture.--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.
          [(5) 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 
        subtitle.
          [(6) 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 their purposes; 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.
          [(7) State.--The term ``State'' has the meaning given 
        the term under section 101 of title 23, United States 
        Code.
          [(8) Transportation systems management and 
        operations.--The term ``transportation systems 
        management and operations'' has the meaning given the 
        term under section 101(a) of title 23, United States 
        Code.]

           *       *       *       *       *       *       *

                       Subtitle E--Other Programs

[SEC. 5501. TRANSPORTATION SAFETY INFORMATION MANAGEMENT SYSTEM 
                    PROJECT.

  [(a) In General.--The Secretary shall fund and carry out a 
project to further the development of a comprehensive 
transportation safety information management system (in this 
section referred to as ``TSIMS'').
  [(b) Purposes.--The purpose of the TSIMS project is to 
further the development of a software application to provide 
for the collection, integration, management, and dissemination 
of safety data from and for use among State and local safety 
and transportation agencies, including driver licensing, 
vehicle registration, emergency management system, injury 
surveillance, roadway inventory, and motor carrier databases.
  [(c) Funding.--
          [(1) Federal funding.--Of the amounts made available 
        by section 5101(a)(1) of this Act, $1,000,000 for 
        fiscal years 2006 and 2007 shall be available to carry 
        out the TSIMS project under this section.
          [(2) State contribution.--The sums authorized in 
        paragraph (1) are intended to supplement voluntary 
        contributions to be made by State departments of 
        transportation and other State safety and 
        transportation agencies.]

           *       *       *       *       *       *       *

[SEC. 5506. COMMERCIAL REMOTE SENSING PRODUCTS AND SPATIAL INFORMATION 
                    TECHNOLOGIES.

  [(a) In General.--The Secretary shall establish and carry out 
a program to validate commercial remote sensing products and 
spatial information technologies for application to national 
transportation infrastructure development and construction.
  [(b) Program.--
          [(1) National policy.--The Secretary shall establish 
        and maintain a national policy for the use of 
        commercial remote sensing products and spatial 
        information technologies in national transportation 
        infrastructure development and construction.
          [(2) Policy implementation.--The Secretary shall 
        develop new applications of commercial remote sensing 
        products and spatial information technologies for the 
        implementation of the national policy established and 
        maintained under paragraph (1).
  [(c) Cooperation.--The Secretary shall carry out this section 
in cooperation with a consortium of university research 
centers.
  [(d) Funding.--Of the amounts made available by section 
5101(a)(1) of this Act, $7,750,000 for each of fiscal years 
2006 through 2009 shall be available to carry out this section.

[SEC. 5507. RURAL INTERSTATE CORRIDOR COMMUNICATIONS STUDY.

  [(a) Study.--The Secretary, in cooperation with the Secretary 
of Commerce, State departments of transportation, and other 
appropriate State, regional, and local officials, shall conduct 
a study on the feasibility of installing fiber optic cabling 
and wireless communication infrastructure along multistate 
Interstate System route corridors for improved communications 
services to rural communities along such corridors.
  [(b) Contents of Study.--In conducting the study, the 
Secretary shall identify--
          [(1) impediments to installation of the 
        infrastructure described in subsection (a) along 
        multistate Interstate System route corridors and to 
        connecting such infrastructure to the rural communities 
        along such corridors;
          [(2) the effective geographic range of such 
        infrastructure;
          [(3) potential opportunities for the private sector 
        to fund, wholly or partially, the installation of such 
        infrastructure;
          [(4) potential benefits fiber optic cabling and 
        wireless communication infrastructure may provide to 
        rural communities along such corridors, including the 
        effects of the installation of such infrastructure on 
        economic development, deployment of intelligent 
        transportation systems technologies and applications, 
        homeland security precaution and response, and 
        education and health systems in those communities;
          [(5) rural broadband access points for such 
        infrastructure;
          [(6) areas of environmental conflict with such 
        installation;
          [(7) real estate ownership issues relating to such 
        installation;
          [(8) preliminary design for placement of fiber optic 
        cable and wireless towers;
          [(9) monetary value of the rights-of-way necessary 
        for such installation;
          [(10) applicability and transferability of the 
        benefits of such installation to other rural corridors; 
        and
          [(11) safety and other operational issues associated 
        with the installation and maintenance of fiber optic 
        cabling and wire infrastructure within Interstate 
        System rights-of-way and other publicly owned rights-
        of-way.
  [(c) Corridor Locations.--The study required under subsection 
(a) shall be conducted for corridors along--
          [(1) Interstate Route 90 through rural Wisconsin, 
        southern Minnesota, northern Iowa, and South Dakota;
          [(2) Interstate Route 20 through Alabama, 
        Mississippi, and northern Louisiana;
          [(3) Interstate Route 91 through Vermont, New 
        Hampshire, and Massachusetts; and
          [(4) any other rural corridor the Secretary considers 
        appropriate.
  [(d) Report to Congress.--Not later than September 30, 2007, 
the Secretary shall submit to Congress a report on the results 
of the study, including any recommendations of the Secretary.
  [(e) Federal Share.--The Federal share of the cost of the 
study shall be 100 percent.
  [(f) Funding.--Of the amounts made available under section 
5101(a)(5) of this Act, $1,000,000 shall be available for 
fiscal year 2006, and $2,000,000 shall be available for fiscal 
year 2007 to carry out this section.]

           *       *       *       *       *       *       *

[SEC. 5511. MOTORCYCLE CRASH CAUSATION STUDY GRANTS.

  [(a) Grants.--The Secretary shall provide grants to the 
Oklahoma Transportation Center for the purpose of conducting a 
comprehensive, in-depth motorcycle crash causation study that 
employs the common international methodology for in-depth 
motorcycle accident investigation of the Organization for 
Economic Cooperation and Development.
  [(b) Funding.--Of the amounts made available under section 
5101(a)(1) of this Act, $1,408,000 for each of fiscal years 
2006 and 2007 shall be available to carry out this section.]

           *       *       *       *       *       *       *

[SEC. 5513. RESEARCH GRANTS.

  [(a) Thermal Imaging.--
          [(1) In general.--The Secretary shall make a grant to 
        carry out a demonstration project that uses a thermal 
        imaging inspection system (TIIS) that leverages state-
        of-the-art thermal imagery technology, integrated with 
        signature recognition software, providing the 
        capability to identify, in real time, faults and 
        failures in tires, brakes and bearings mounted on 
        commercial motor vehicles.
          [(2) Use of funds.--Funds shall be used--
                  [(A) to employ a TIIS in a field environment, 
                along the Interstate, to further assess the 
                system's ability to identify faults in tires, 
                brakes, and bearings mounted on commercial 
                motor vehicles;
                  [(B) to establish, through statistical 
                analysis, the probability of failure for each 
                component; and
                  [(C) to develop and integrate a predictive 
                tool into the TIIS, which identifies an 
                impending tire, brake, or bearing failure and 
                provides the use of a time frame in which this 
                failure may occur.
          [(3) Funding.--Of the amounts made available under 
        section 5101(a)(1) of this Act, $2,000,000 in fiscal 
        year 2006 shall be available to carry out this 
        subsection.
  [(b) Transportation Injury Research.--
          [(1) Grant.--The Secretary shall make a grant to 
        maintain a center for transportation injury research at 
        the Calspan University of Buffalo Research Center, 
        through the North Campus facility located in Amherst, 
        New York, and affiliated with the State University of 
        New York at Buffalo.
          [(2) Recoup costs.--Notwithstanding current law, 
        Federal regulations, or Office of Management and Budget 
        circulars or guidance, the Center shall be permitted to 
        recoup direct and indirect costs and apply a 7 percent 
        fee to the grant made under this subsection.
          [(3) Funding.--Of the amounts made available under 
        section 5101(a)(1) of this Act, $1,250,000 in each of 
        fiscal years 2006 through 2009 shall be available to 
        carry out this subsection.
  [(c) Technology Transfer Grant.--
          [(1) Grant.--The Secretary shall make grants to the 
        Argonne National Laboratory-Advanced Transportation 
        Technology Center for the purpose of conducting 
        transportation research and demonstration projects that 
        would lead to the exchange of research results with the 
        private sector and collaboration with universities at a 
        centralized location conducive for technology transfer.
          [(2) Funding.--Of the amounts made available under 
        section 5101(a)(1) of this Act, $4,000,000 in each of 
        fiscal years 2006 through 2009 shall be available to 
        carry out this subsection.
  [(d) Appalachian Regional Commission.--
          [(1) Grant.--The Secretary shall make a grant to the 
        Appalachian Regional Commission to conduct a 
        feasibility study for the creation of a system of 
        inland ports and distribution centers in Appalachia.
          [(2) Funding.--Of the amounts made available under 
        section 5101(a)(1) of this Act, $500,000 in fiscal year 
        2006 shall be available to carry out this subsection.
  [(e) Automobile Accident Injury Research.--
          [(1) Grants.--The Secretary shall make a grant to the 
        Forsyth Institute for research and technology 
        development for preventing and minimizing head, 
        craniofacial, and spinal cord injuries resulting from 
        automobile accidents.
          [(2) Funding.--Of the amounts made available under 
        section 5101(a)(1) of this Act, $500,000 in each of 
        fiscal years 2006 through 2009 shall be available to 
        carry out this subsection.
  [(f) Rural Transportation Research.--
          [(1) Grants.--The Secretary shall make grants to the 
        New England Transportation Institute in White River 
        Junction, Vermont for rural transportation research.
          [(2) Funding.--
                  [(A) In general.--Of the amounts made 
                available by section 5101(a)(1) of this Act, 
                $1,000,000 for fiscal year 2006 shall be 
                available to carry out this subsection and 
                shall remain available until expended.
                  [(B) Cost-sharing.--
                          [(i) Federal share.--The Federal 
                        share of the cost of activities carried 
                        out under this subsection shall be 80 
                        percent.
                          [(ii) Non-federal share.--The fair 
                        market value of any materials or 
                        services provided by the non-Federal 
                        sponsor for activities under this 
                        subsection shall be credited to the 
                        non-Federal share.
  [(g) Rural Transportation Research Initiative.--
          [(1) Grants.--For each of fiscal years 2006 through 
        2009, the Secretary shall provide a grant to the Upper 
        Great Plains Transportation Institute at North Dakota 
        State University for use in carrying out the Rural 
        Transportation Research Initiative.
          [(2) Funding.--
                  [(A) In general.--Of the amounts made 
                available by section 5101(a)(1) of this Act, 
                $500,000 for each of fiscal years 2006 through 
                2009 shall be available to carry out this 
                subsection, and shall remain available until 
                expended.
                  [(B) Cost-sharing.--
                          [(i) Federal share.--The Federal 
                        share of the cost of the activities 
                        carried out under this subsection shall 
                        be 80 percent.
                          [(ii) Non-federal share.--The fair 
                        market value of any materials or 
                        services provided by the non-Federal 
                        project sponsor for any activity under 
                        this subsection shall be credited to 
                        the non-Federal share.
  [(h) Hydrogen-Powered Transportation Research Initiative.--
          [(1) Grants.--For each of fiscal years 2006 through 
        2009, the Secretary shall provide a grant to the 
        University of Montana for use in carrying out the 
        Hydrogen-Powered Transportation Research Initiative.
          [(2) Funding.--
                  [(A) In general.--Of the amounts made 
                available by section 5101(a)(1) of this Act, 
                $750,000 for each of fiscal years 2006 through 
                2009 shall be available to carry out this 
                subsection, and shall remain available until 
                expended.
                  [(B) Cost-sharing.--
                          [(i) Federal share.--The Federal 
                        share of the cost of the activities 
                        carried out under this subsection shall 
                        be 80 percent.
                          [(ii) Non-federal share.--The fair 
                        market value of any materials or 
                        services provided by the non-Federal 
                        project sponsor for an activity under 
                        this subsection shall be credited to 
                        the non-Federal share.
  [(i) Cold Region and Rural Transportation Research, 
Maintenance, and Operations.--
          [(1) Grants.--The Secretary shall provide grants to 
        the Western Transportation Institute at Montana State 
        University, for use in developing a research facility 
        in Lewistown, Montana, for basic and applied research 
        and testing on surface transportation issues facing 
        rural and cold regions.
          [(2) Funding.--
                  [(A) In general.--Of the amounts made 
                available by section 5101(a)(1) of this Act, 
                $1,000,000 for each of fiscal years 2006 
                through 2009 shall be available to carry out 
                this subsection, to remain available until 
                expended.
                  [(B) Cost-sharing.--
                          [(i) Federal share.--The Federal 
                        share of the cost of the activities 
                        carried out under this subsection shall 
                        be 80 percent.
                          [(ii) Non-federal share.--The fair 
                        market value of any materials or 
                        services provided by the non-Federal 
                        project sponsor for an activity under 
                        this section shall be credited to the 
                        non-Federal share.
  [(j) Advanced Vehicle Technology.--
          [(1) Grant.--The Secretary shall make a grant to the 
        University of Kansas Transportation Research Institute 
        for research and development of advanced vehicle 
        technology concepts, focused on vehicle emissions, fuel 
        cells and catalytic processes, and intelligent 
        transportation systems.
          [(2) Funding.--Of the amounts made available under 
        section 5101(a)(1) of this Act, $2,500,000 in each of 
        fiscal years 2006 through 2009 shall be available to 
        carry out this subsection.
  [(k) Asphalt Research Consortium.--
          [(1) Grant.--The Secretary shall make a grant to the 
        asphalt research consortium lead by the Western 
        Research Institute to research flexible pavement and 
        extending the life-cycle of asphalts.
          [(2) Funding.--Of the amounts made available under 
        section 5101(a)(1) of this Act, $7,500,000 in each of 
        fiscal years 2006 through 2009 shall be available to 
        carry out this subsection.
  [(l) Renewable Transportation Systems Research.--
          [(1) Grants.--The Secretary shall make grants to the 
        University of Vermont for research, development and 
        field testing of hydrogen fuel cell and biofuel 
        transportation technology.
          [(2) Funding.--
                  [(A) In general.--Of the amounts made 
                available for section 5101(a)(1) of this Act, 
                $1,000,000 for fiscal year 2006 to remain 
                available until expended.
                  [(B) Cost-sharing.--
                          [(i) Federal share.--The Federal 
                        Share of the cost of activities carried 
                        out under this section shall be 80 
                        percent.
                          [(ii) Non-federal share.--The fair 
                        market value of any materials or 
                        services provided by the non-Federal 
                        sponsor for activities under this 
                        section shall be credited to the non-
                        Federal share.
  [(m) Federal Share.--The Federal share of the cost of 
activities carried out in accordance with this section shall be 
80 percent unless otherwise expressly provided by this section 
or otherwise determined by the Secretary.]

           *       *       *       *       *       *       *

TITLE VI--TRANSPORTATION PLANNING AND PROJECT DELIVERY

           *       *       *       *       *       *       *

SEC. 6010. ENVIRONMENTAL REVIEW OF ACTIVITIES THAT SUPPORT DEPLOYMENT 
                    OF INTELLIGENT TRANSPORTATION SYSTEMS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Intelligent Transportation Infrastructure and Systems 
Defined.--In this section, the term ``intelligent 
transportation infrastructure and systems'' means intelligent 
transportation infrastructure and intelligent transportation 
systems, as such terms are defined in [subtitle C of title V of 
this Act] section 501 of title 23, United States Code.

           *       *       *       *       *       *       *

                              ----------                              

TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *

SUBTITLE I--DEPARTMENT OF TRANSPORTATION

           *       *       *       *       *       *       *

CHAPTER 1--ORGANIZATION

           *       *       *       *       *       *       *

Sec. 103. Federal Railroad Administration

  (a) * * *

           *       *       *       *       *       *       *

  (l) Improving Regulation and Regulatory Review.--
          (1) In general.--Before any final regulation within 
        the jurisdiction of the Administration is issued, the 
        Administrator shall make all preliminary and final 
        determinations based on evidence and consider, in 
        addition to other applicable considerations, the 
        following:
                  (A) The legal authority under which a rule 
                may be proposed, including whether a rulemaking 
                is required by statute, and if so, whether by a 
                specific date, or whether the agency has 
                discretion to commence a rulemaking.
                  (B) Other statutory considerations applicable 
                to whether the agency can or should propose a 
                rule or undertake other agency action.
                  (C) The specific nature and significance of 
                the problem the agency may address with a rule 
                (including the degree and nature of risks the 
                problem poses and the priority of addressing 
                those risks compared to other matters or 
                activities within the agency's jurisdiction), 
                whether the problem warrants new agency action, 
                and the countervailing risks that may be posed 
                by alternatives for new agency action.
                  (D) Whether existing rules have created or 
                contributed to the problem the agency may 
                address with a rule and whether those rules 
                could be amended or rescinded to address the 
                problem in whole or part.
                  (E) The best reasonably obtainable 
                scientific, technical, and other information 
                related to the need for, and consequences of, 
                the rule.
                  (F) The potential costs and benefits, 
                including direct, indirect, and cumulative 
                costs and benefits and estimated impacts on 
                jobs, economic growth, innovation, and economic 
                competitiveness.
                  (G) Means to increase the cost-effectiveness 
                of any Federal response.
                  (H) Incentives for innovation, consistency, 
                predictability, lower costs of enforcement and 
                compliance (to government entities, regulated 
                entities, and the public), and flexibility.
                  (I) Any reasonable alternatives for a new 
                rule or other response identified by the agency 
                or interested persons, including not only 
                responses that mandate particular conduct or 
                manners of compliance, but also--
                          (i) the alternative of no Federal 
                        response;
                          (ii) amending or rescinding existing 
                        rules;
                          (iii) potential regional, State, 
                        local, or tribal regulatory action or 
                        other responses that could be taken in 
                        lieu of agency action; and
                          (iv) potential responses that--
                                  (I) specify performance 
                                objectives rather than conduct 
                                or manners of compliance;
                                  (II) establish economic 
                                incentives to encourage desired 
                                behavior;
                                  (III) provide information 
                                upon which choices can be made 
                                by the public; or
                                  (IV) incorporate other 
                                innovative alternatives rather 
                                than agency actions that 
                                specify conduct or manners of 
                                compliance.
          (2) Public comment.--The Administrator shall solicit 
        and take into consideration public comment on the 
        subjects described in subparagraphs (A) through (I) of 
        paragraph (1) before issuance of a final regulation 
        described in paragraph (1).
          (3) Agency statements.--
                  (A) In general.--The Administrator shall 
                follow applicable rulemaking procedures under 
                section 553 of title 5 before issuing a binding 
                obligation applicable to recipients of Federal 
                assistance.
                  (B) Binding obligation defined.--In this 
                paragraph, the term ``binding obligation'' 
                means a substantive policy statement, rule, or 
                guidance document issued by the Administration 
                that grants rights, imposes obligations, 
                produces significant effects on private 
                interests, or effects a significant change in 
                existing policy.

           *       *       *       *       *       *       *

Sec. 111. Bureau of Transportation Statistics

  (a) * * *

           *       *       *       *       *       *       *

  (c) Responsibilities.--The Director of the Bureau shall serve 
as the Secretary's senior advisor on data and statistics and 
shall be responsible for carrying out the following duties:
          (1) * * *

           *       *       *       *       *       *       *

          [(5) Transportation statistics.--Collecting, 
        compiling, analyzing, and publishing a comprehensive 
        set of transportation statistics on the performance and 
        impacts of the national transportation system, 
        including statistics on--
                  [(A) productivity in various parts of the 
                transportation sector;
                  [(B) traffic flows for all modes of 
                transportation;
                  [(C) other elements of the intermodal 
                transportation database established under 
                subsection (e);
                  [(D) travel times and measures of congestion;
                  [(E) vehicle weights and other vehicle 
                characteristics;
                  [(F) demographic, economic, and other 
                variables influencing traveling behavior, 
                including choice of transportation mode and 
                goods movement;
                  [(G) transportation costs for passenger 
                travel and goods movement;
                  [(H) availability and use of mass transit 
                (including the number of passengers served by 
                each mass transit authority) and other forms of 
                for-hire passenger travel;
                  [(I) frequency of vehicle and transportation 
                facility repairs and other interruptions of 
                transportation service;
                  [(J) safety and security for travelers, 
                vehicles, and transportation systems;
                  [(K) consequences of transportation for the 
                human and natural environment;
                  [(L) the extent, connectivity, and condition 
                of the transportation system, building on the 
                national transportation atlas database 
                developed under subsection (g); and
                  [(M) transportation-related variables that 
                influence the domestic economy and global 
                competitiveness.]
          (5) Transportation statistics.--Collecting, 
        compiling, analyzing, and publishing a comprehensive 
        set of transportation statistics on the performance and 
        impacts of the national transportation system, 
        including statistics on--
                  (A) transportation safety across all modes 
                and intermodally;
                  (B) the state of good repair of United States 
                transportation infrastructure;
                  (C) the extent, connectivity, and condition 
                of the transportation system, building on the 
                national transportation atlas database 
                developed under subsection (g);
                  (D) economic efficiency across the entire 
                transportation sector;
                  (E) the effects of the transportation system 
                on global and domestic economic 
                competitiveness;
                  (F) demographic, economic, and other 
                variables influencing travel behavior, 
                including choice of transportation mode and 
                goods movement;
                  (G) transportation-related variables that 
                influence the domestic economy and global 
                competiveness;
                  (H) economic costs and impacts for passenger 
                travel and freight movement;
                  (I) intermodal and multimodal passenger 
                movement; and
                  (J) consequences of transportation for the 
                environment.

           *       *       *       *       *       *       *

  [(d) Information Needs Assessment.--
          [(1) In general.--Not later than 60 days after the 
        date of enactment of the SAFETEA-LU, the Secretary 
        shall enter into an agreement with the National 
        Research Council to develop and publish a National 
        transportation information needs assessment (referred 
        to in this subsection as the ``assessment''). The 
        assessment shall be submitted to the Secretary and the 
        appropriate committees of Congress not later than 24 
        months after such agreement is entered into.
          [(2) Content.--The assessment shall--
                  [(A) identify, in order of priority, the 
                transportation data that is not being collected 
                by the Bureau, operating administrations of the 
                Department, or other Federal, State, or local 
                entities, but is needed to improve 
                transportation decisionmaking at the Federal, 
                State, and local levels and to fulfill the 
                requirements of subsection (c)(5);
                  [(B) recommend whether the data identified in 
                subparagraph (A) should be collected by the 
                Bureau, other parts of the Department, or by 
                other Federal, State, or local entities, and 
                whether any data is of a higher priority than 
                data currently being collected;
                  [(C) identify any data the Bureau or other 
                Federal, State, or local entity is collecting 
                that is not needed;
                  [(D) describe new data collection methods 
                (including changes in surveys) and other 
                changes the Bureau or other Federal, State, or 
                local entity should implement to improve the 
                standardization, accuracy, and utility of 
                transportation data and statistics; and
                  [(E) estimate the cost of implementing any 
                recommendations.
          [(3) Consultation.--In developing the assessment, the 
        National Research Council shall consult with the 
        Department's Advisory Council on Transportation 
        Statistics and a representative cross-section of 
        transportation community stakeholders as well as other 
        Federal agencies, including the Environmental 
        Protection Agency, the Department of Energy, and the 
        Department of Housing and Urban Development.
          [(4) Report to Congress.--Not later than 180 days 
        after the date on which the National Research Council 
        submits the assessment under paragraph (1), the 
        Secretary shall submit a report to Congress that 
        describes--
                  [(A) how the Department plans to fill the 
                data gaps identified under paragraph (2)(A);
                  [(B) how the Department plans to stop 
                collecting data identified under paragraph 
                (2)(C);
                  [(C) how the Department plans to implement 
                improved data collection methods and other 
                changes identified under paragraph (2)(D);
                  [(D) the expected costs of implementing 
                subparagraphs (A), (B), and (C) of this 
                paragraph;
                  [(E) any findings of the assessment under 
                paragraph (1) with which the Secretary 
                disagrees, and why; and
                  [(F) any proposed statutory changes needed to 
                implement the findings of the assessment under 
                paragraph (1).]
  (d) Access to Federal Data.--In carrying out subsection (c), 
the Director shall be provided access to all transportation and 
transportation-related information and data, including safety-
related data, held by an agency of the Department of 
Transportation and, upon written request and subject to any 
statutory or regulatory restrictions, to all such data held by 
any other Federal Government agency, that is germane to 
carrying out subsection (c).

           *       *       *       *       *       *       *

  (n) Proceeds of Data Product Sales.--Notwithstanding section 
3302 of title 31, funds received by the Bureau from the sale of 
data products, for necessary expenses incurred, may be credited 
to the Highway Trust Fund (other than the [Mass Transit] 
Alternative Transportation Account) for the purpose of 
reimbursing the Bureau for the expenses.
  (o) Advisory Council on Transportation Statistics.--
          (1) * * *
          (2) Function.--The function of the advisory council 
        established under this subsection is to--
                  (A) advise the Director on the quality, 
                reliability, consistency, objectivity, and 
                relevance of transportation statistics and 
                analyses collected, supported, or disseminated 
                by the Bureau and the Department; and
                  [(B) provide input to and review the report 
                to Congress under subsection (d)(4); and]
                  [(C)] (B) advise the Director on methods to 
                encourage cooperation and interoperability of 
                transportation data collected by the Bureau, 
                the operating administrations of the 
                Department, States, local governments, 
                metropolitan planning organizations, and 
                private sector entities.

           *       *       *       *       *       *       *

Sec. 112. Research and Innovative Technology Administration

  (a) * * *

           *       *       *       *       *       *       *

  (f) Program Evaluation and Oversight.--For each of fiscal 
years 2013 through 2016, 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.
  (g) 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.).

           *       *       *       *       *       *       *

                  CHAPTER 3--GENERAL DUTIES AND POWERS

         SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION

Sec.
301.  Leadership, consultation, and cooperation.
     * * * * * * *

         SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION

     * * * * * * *
310. Budget justification.
     * * * * * * *

Sec. 303. Policy on lands, wildlife and waterfowl refuges, and historic 
                    sites

  (a) * * *

           *       *       *       *       *       *       *

  (e) Elimination of Duplication for Historic Sites and 
Properties.--The requirements of this section shall be 
considered to be satisfied for an historic site or property 
where its treatment has been agreed upon in a memorandum of 
agreement by invited and mandatory signatories, including the 
Advisory Council on Historic Preservation, if participating, in 
accordance with section 106 of the National Historic 
Preservation Act (16 U.S.C. 470f).

           *       *       *       *       *       *       *

Sec. 310. Budget justification

  The Secretary of Transportation and the head of each modal 
administration of the Department of Transportation shall submit 
to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and 
Public Works and the Committee on Banking, Housing, and Urban 
Affairs of the Senate a budget justification concurrently with 
the President's annual budget submission to Congress.

           *       *       *       *       *       *       *

CHAPTER 5--SPECIAL AUTHORITY

           *       *       *       *       *       *       *

                        SUBCHAPTER II--PENALTIES

Sec. 521. Civil penalties

  (a) * * *
  (b) Violations Relating to Commercial Motor Vehicle Safety 
Regulation and Operators.--
          (1) Notice.--
                  (A) In general.--If the Secretary finds that 
                a violation of a provision of subchapter III of 
                chapter 311 (except sections 31138 and 31139) 
                or section 31302, 31303, 31304, 31305(b), 
                31306, 31306a, 31310(g)(1)(A), or 31502 of this 
                title, or a violation of a regulation issued 
                under any of those provisions, has occurred, 
                the Secretary shall issue a written notice to 
                the violator. Such notice shall describe with 
                reasonable particularity the nature of the 
                violation found and the provision which has 
                been violated. The notice shall specify the 
                proposed civil penalty, if any, and suggest 
                actions which might be taken in order to abate 
                the violation. The notice shall indicate that 
                the violator may, within 15 days of service, 
                notify the Secretary of the violator's 
                intention to contest the matter. In the event 
                of a contested notice, the Secretary shall 
                afford such violator an opportunity for a 
                hearing, pursuant to section 554 of title 5, 
                following which the Secretary shall issue an 
                order affirming, modifying, or vacating the 
                notice of violation.

           *       *       *       *       *       *       *

  (2) Civil Penalty.--
          (A) In general.--Except as otherwise provided in this 
        subsection, any person who is determined by the 
        Secretary, after notice and opportunity for a hearing, 
        to have committed an act that is a violation of 
        regulations issued by the Secretary under subchapter 
        III of chapter 311 (except sections 31138 and 31139) or 
        section 31306, 31306a, or 31502 of this title shall be 
        liable to the United States for a civil penalty in an 
        amount not to exceed $10,000 for each offense. 
        Notwithstanding any other provision of this section 
        (except subparagraph (C)), no civil penalty shall be 
        assessed under this section against an employee for a 
        violation in an amount exceeding $2,500.
          (B) Recordkeeping and reporting violations.--A person 
        required to make a report to the Secretary, answer a 
        question, or make, prepare, or preserve a record under 
        section 504 of this title or under any regulation 
        issued by the Secretary pursuant to subchapter III of 
        chapter 311 (except sections 31138 and 31139) or 
        section 31306, 31306a, or 31502 of this title about 
        transportation by motor carrier, motor carrier of 
        migrant workers, or motor private carrier, or an 
        officer, agent, or employee of that person--
                  (i) * * *

           *       *       *       *       *       *       *

  (5)(A) If, upon inspection or investigation, the Secretary 
determines that a violation of a provision of subchapter III of 
chapter 311 (except sections 31138 and 31139) or section 31302, 
31303, 31304, 31305(b), 31306, 31306a, or 31502 of this title 
or a regulation issued under any of those provisions, or 
combination of such violations, poses an imminent hazard to 
safety, the Secretary shall order a vehicle or employee 
operating such vehicle out of service, or order an employer to 
cease all or part of the employer's commercial motor vehicle 
operations. In making any such order, the Secretary shall 
impose no restriction on any employee or employer beyond that 
required to abate the hazard. Subsequent to the issuance of the 
order, opportunity for review shall be provided in accordance 
with section 554 of title 5, except that such review shall 
occur not later than 10 days after issuance of such order.

           *       *       *       *       *       *       *

  (6) Criminal Penalties.--
          (A) In general.--Any person who knowingly and 
        willfully violates any provision of subchapter III of 
        chapter 311 (except sections 31138 and 31139) or 
        section 31306, 31306a, or 31502 of this title, or a 
        regulation issued under any of those provisions shall, 
        upon conviction, be subject for each offense to a fine 
        not to exceed $25,000 or imprisonment for a term not to 
        exceed one year, or both, except that, if such violator 
        is an employee, the violator shall only be subject to 
        penalty if, while operating a commercial motor vehicle, 
        the violator's activities have led or could have led to 
        death or serious injury, in which case the violator 
        shall be subject, upon conviction, to a fine not to 
        exceed $2,500.

           *       *       *       *       *       *       *

SUBTITLE II--OTHER GOVERNMENT AGENCIES

           *       *       *       *       *       *       *

CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD

           *       *       *       *       *       *       *

SUBCHAPTER III--AUTHORITY

           *       *       *       *       *       *       *

Sec. 1139. Assistance to families of passengers involved in rail 
                    passenger accidents

  (a) In General.--As soon as practicable after being notified 
of a rail passenger accident within the United States involving 
a rail passenger carrier and resulting in a major loss of life, 
the Chairman of the National Transportation Safety Board 
shall--
          (1) designate and publicize the name and [phone 
        number] telephone number of a director of family 
        support services who shall be an employee of the Board 
        and shall be responsible for acting as a point of 
        contact within the Federal Government for the families 
        of passengers involved in the accident and a liaison 
        between the rail passenger carrier and the families; 
        and
          (2) designate an independent nonprofit organization, 
        with experience in disasters and [post trauma 
        communication with families] post-trauma communication 
        with families, which shall have primary responsibility 
        for coordinating the emotional care and support of the 
        families of passengers involved in the accident.

           *       *       *       *       *       *       *

  (j) Relinquishment of Investigative Priority.--
          (1) * * *
          (2) Board assistance.--If this section does not apply 
        to a [railroad passenger accident] rail passenger 
        accident because the Board has relinquished 
        investigative priority with respect to the accident, 
        the Board shall assist, to the maximum extent possible, 
        the agency to which the Board has relinquished 
        investigative priority in assisting families with 
        respect to the accident.

           *       *       *       *       *       *       *

             SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS

Chapter                                                             Sec.
      Transportation of Hazardous Material..........................5101
5201Transportation Planning...........................................

           *       *       *       *       *       *       *

            CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL

Sec. 5101. Purpose

  The purpose of this chapter is to protect against the risks 
to life, property, and the environment [that are inherent] in 
the transportation of hazardous material in intrastate, 
interstate, and foreign commerce.

Sec. 5102. Definitions

  In this chapter--
          (1) * * *

           *       *       *       *       *       *       *

          (4) ``hazmat employer''--
                  (A) means a person--
                          (i) who--
                                  (I) employs [or uses] at 
                                least 1 hazmat employee on a 
                                full time, part time, or 
                                temporary basis; or

           *       *       *       *       *       *       *

          [(13) ``transports'' or ``transportation'' means the 
        movement of property and loading, unloading, or storage 
        incidental to the movement.]
          (13) ``transports'' or ``transportation''--
                  (A) means the movement of property and 
                loading, unloading, handling, or storage 
                incidental to the movement;
                  (B) includes all activities related to--
                          (i) loading or unloading packaged or 
                        containerized hazardous material, such 
                        as portable tanks, cylinders, and 
                        intermediate bulk containers, onto a 
                        transport vehicle, rail car, aircraft, 
                        or vessel at its origin, during en 
                        route movement, or at its destination; 
                        or
                          (ii) loading or unloading a hazardous 
                        material into or from a bulk packaging 
                        with a capacity greater than 3,000 
                        liters, such as a portable tank, cargo 
                        tank, or rail tank car, at its origin, 
                        during en route movement, or at its 
                        destination; and
                  (C) includes storage of a hazardous material 
                from the time the hazardous material is loaded 
                for purposes of movement until the hazardous 
                material is unloaded at its destination, 
                including during en route movement.

Sec. 5103. General regulatory authority

  (a) * * *
  (b) Regulations for Safe Transportation.--(1) The Secretary 
shall prescribe regulations for the safe transportation, 
including security, of hazardous material in intrastate, 
interstate, and foreign commerce. The regulations--
          (A) apply to a person who--
                  (i) * * *

           *       *       *       *       *       *       *

                  (vi) certifies compliance with any 
                requirement under this chapter; [or]
                  (vii) provides hazardous material 
                transportation emergency response information 
                services required or governed by regulations 
                prescribed under this chapter; or
                  [(vii)] (viii) misrepresents whether such 
                person is engaged in any activity under clause 
                (i) through [(vi)] (vii); and
          (B) shall govern safety aspects, including security, 
        of the transportation of hazardous material the 
        Secretary considers appropriate[.]; and
          (C) shall govern the procedures and criteria used by 
        the Secretary for determining the fitness of a person 
        applying for an approval or a special permit under the 
        regulations.

           *       *       *       *       *       *       *

  (3) Before any final regulation within the jurisdiction of 
the Secretary is issued, the Secretary shall make all 
preliminary and final determinations based on evidence and 
consider, in addition to other applicable considerations, the 
following:
          (A) The legal authority under which a rule may be 
        proposed, including whether a rulemaking is required by 
        statute, and if so, whether by a specific date, or 
        whether the agency has discretion to commence a 
        rulemaking.
          (B) Other statutory considerations applicable to 
        whether the agency can or should propose a rule or 
        undertake other agency action.
          (C) The specific nature and significance of the 
        problem the agency may address with a rule (including 
        the degree and nature of risks the problem poses and 
        the priority of addressing those risks compared to 
        other matters or activities within the agency's 
        jurisdiction), whether the problem warrants new agency 
        action, and the countervailing risks that may be posed 
        by alternatives for new agency action.
          (D) Whether existing rules have created or 
        contributed to the problem the agency may address with 
        a rule and whether those rules could be amended or 
        rescinded to address the problem in whole or part.
          (E) The best reasonably obtainable scientific, 
        technical, and other information related to the need 
        for, and consequences of, the rule.
          (F) The potential costs and benefits, including 
        direct, indirect, and cumulative costs and benefits and 
        estimated impacts on jobs, economic growth, innovation, 
        and economic competitiveness.
          (G) Means to increase the cost-effectiveness of any 
        Federal response.
          (H) Incentives for innovation, consistency, 
        predictability, lower costs of enforcement and 
        compliance (to government entities, regulated entities, 
        and the public), and flexibility.
          (I) Any reasonable alternatives for a new rule or 
        other response identified by the agency or interested 
        persons, including not only responses that mandate 
        particular conduct or manners of compliance, but also--
                  (i) the alternative of no Federal response;
                  (ii) amending or rescinding existing rules;
                  (iii) potential regional, State, local, or 
                tribal regulatory action or other responses 
                that could be taken in lieu of agency action; 
                and
                  (iv) potential responses that--
                          (I) specify performance objectives 
                        rather than conduct or manners of 
                        compliance;
                          (II) establish economic incentives to 
                        encourage desired behavior;
                          (III) provide information upon which 
                        choices can be made by the public; or
                          (IV) incorporate other innovative 
                        alternatives rather than agency actions 
                        that specify conduct or manners of 
                        compliance.
  (4) The Secretary shall solicit and take into consideration 
public comment on the subjects described in subparagraphs (A) 
through (I) of paragraph (3) before issuance of a final 
regulation described in paragraph (3).
  (5) The Secretary shall follow applicable rulemaking 
procedures under section 553 of title 5 before issuing a 
binding obligation applicable to recipients of Federal 
assistance. In this paragraph, the term ``binding obligation'' 
means a substantive policy statement, rule, or guidance 
document issued by the Secretary that grants rights, imposes 
obligations, produces significant effects on private interests, 
or effects a significant change in existing policy.
  (6) In considering whether to incorporate by reference any 
publication in prescribing regulations, the Secretary shall--
          (A) consider--
                  (i) the cost of such publication;
                  (ii) the broadness of its applicability;
                  (iii) the cost imposed on the public in 
                acquiring such publication; and
                  (iv) other alternatives to incorporation by 
                reference; and
          (B) either incorporate by reference the publication 
        or use the alternative that meets the Department of 
        Transportation's safety objectives in the most cost-
        effective manner.

           *       *       *       *       *       *       *

Sec. 5105. Transporting certain highly radioactive material

  (a) * * *

           *       *       *       *       *       *       *

  [(d) Inspections of Motor Vehicles Transporting Certain 
Material.--(1) Not later than November 16, 1991, the Secretary 
shall require by regulation that before each use of a motor 
vehicle to transport a highway-route-controlled quantity of 
radioactive material in commerce, the vehicle shall be 
inspected and certified as complying with this chapter and 
applicable United States motor carrier safety laws and 
regulations. The Secretary may require that the inspection be 
carried out by an authorized United States Government inspector 
or according to appropriate State procedures.
  [(2) The Secretary may allow a person, transporting or 
causing to be transported a highway-route-controlled quantity 
of radioactive material, to inspect the motor vehicle used to 
transport the material and to certify that the vehicle complies 
with this chapter. The inspector qualification requirements the 
Secretary prescribes for an individual inspecting a motor 
vehicle apply to an individual conducting an inspection under 
this paragraph.]
  (d) Inspections of Motor Vehicles Transporting Certain 
Material.--
          (1) Requirement.--The Secretary shall require by 
        regulation that before each use of a motor vehicle to 
        transport a highway-route-controlled quantity of 
        radioactive material in commerce, the vehicle shall be 
        inspected and certified as complying with this chapter 
        and applicable United States motor carrier safety laws 
        and regulations.
          (2) Type of inspector.--In carrying out paragraph 
        (1), the Secretary may--
                  (A) require that the inspection be carried 
                out by an authorized United States Government 
                inspector or according to appropriate State 
                procedures; or
                  (B) allow a person, transporting or causing 
                to be transported a highway-route-controlled 
                quantity of radioactive material, to inspect 
                the motor vehicle used to transport the 
                material and to certify that the vehicle 
                complies with this chapter.
          (3) Qualification requirements.--An individual 
        conducting an inspection under paragraph (2)(B) shall 
        be in compliance with the inspector qualification 
        requirements the Secretary prescribes for an individual 
        inspecting a motor vehicle.
          (4) Preemption.--Each State that a motor vehicle 
        transporting a highway-route-controlled quantity of 
        radioactive material in commerce enters shall recognize 
        the inspection and certification required by paragraph 
        (1) and may not require a new inspection at an 
        equivalent level and certification except as provided 
        in paragraph (5).
          (5) Changed condition.--If an en route change to the 
        condition of the cargo, the driver, the motor vehicle, 
        or the operation of the motor vehicle invalidates the 
        certification under paragraph (1), the State where such 
        change is discovered may require a new inspection and 
        certification under such paragraph.

           *       *       *       *       *       *       *

Sec. 5107. Hazmat employee training requirements and grants

  (a) * * *

           *       *       *       *       *       *       *

  [(e) Training Grants.--
          [(1) In general.--Subject to the availability of 
        funds under section 5128(c), the Secretary shall make 
        grants under this subsection--
                  [(A) for training instructors to train hazmat 
                employees; and
                  [(B) to the extent determined appropriate by 
                the Secretary, for such instructors to train 
                hazmat employees.
          [(2) Eligibility.--A grant under this subsection 
        shall be made to a nonprofit hazmat employee 
        organization that demonstrates--
                  [(A) expertise in conducting a training 
                program for hazmat employees; and
                  [(B) the ability to reach and involve in a 
                training program a target population of hazmat 
                employees.]
  [(f)] (e) Training of Certain Employees.--The Secretary shall 
ensure that maintenance-of-way employees and railroad signalmen 
receive general awareness and familiarization training and 
safety training pursuant to section 172.704 of title 49, Code 
of Federal Regulations.
  [(g)] (f) Relationship to Other Laws.--(1) * * *
  (2) An action of the Secretary under subsections (a)-(d) of 
this section [and section 5106] is not an exercise, under 
section 4(b)(1) of the Occupational Safety and Health Act of 
1970 (29 U.S.C. 653(b)(1)), of statutory authority to prescribe 
or enforce standards or regulations affecting occupational 
safety or health.
  [(h) Existing Effort.--No grant under subsection (e) shall 
supplant or replace existing employer-provided hazardous 
materials training efforts or obligations.]

Sec. 5108. Registration

  (a) * * *

           *       *       *       *       *       *       *

  (g) Fees.--(1) * * *
  (2)(A) In addition to a fee established under paragraph (1) 
of this subsection, the Secretary shall establish and impose by 
regulation and collect an annual fee. Subject to subparagraph 
(B) of this paragraph, the fee shall [be at least $250 but not 
more than] not exceed $3,000 from each person required to file 
a registration statement under this section. The Secretary 
shall determine the amount of the fee under this paragraph on 
at least one of the following:
          (i) * * *

           *       *       *       *       *       *       *

          (viii) the amount to be made available to carry out 
        [sections 5108(g)(2), 5115,] this paragraph and 
        sections 5115 and 5116 of this title.

           *       *       *       *       *       *       *

  (D) In establishing and collecting a fee under subparagraph 
(A), the Secretary may not consider whether a person has or is 
likely to apply for a special permit or approval, nor is the 
Secretary authorized to establish a separate fee in order to 
apply for or receive a special permit or approval.

           *       *       *       *       *       *       *

Sec. 5109. Motor carrier safety permits

  (a) * * *
  (b) Applicable Transportation.--The Secretary shall prescribe 
by regulation the hazardous material and amounts of hazardous 
material to which this section applies. However, this section 
shall apply at least to transportation by a motor carrier, in 
amounts the Secretary establishes, of--
          (1) a [class A or B] division 1.1, 1.2, or 1.3 
        explosive;

           *       *       *       *       *       *       *

  (f) [Shipper] Offeror Responsibility.--A person offering 
hazardous material for motor vehicle transportation in commerce 
may offer the material to a motor carrier only if the carrier 
has a safety permit issued under this section authorizing the 
transportation.

           *       *       *       *       *       *       *

  [(h) Regulations.--The Secretary shall prescribe regulations 
necessary to carry out this section not later than November 16, 
1991.]

           *       *       *       *       *       *       *

Sec. 5116. Planning and training grants, monitoring, and review

  (a) * * *
  (b) Training Grants.--(1) * * *

           *       *       *       *       *       *       *

  (4) The Secretary shall allocate amounts made available for 
grants under this subsection and subsection (a) for a fiscal 
year among eligible States and Indian tribes based on the needs 
of the States and tribes for emergency response planning and 
training. In making a decision about those needs, the Secretary 
shall consider--
          (A) * * *

           *       *       *       *       *       *       *

          (E) other factors the Secretary decides are 
        appropriate to carry out this subsection and subsection 
        (a).
  [(c) Compliance With Certain Law.--The Secretary may make a 
grant to a State under this section in a fiscal year only if 
the State certifies that the State complies with sections 301 
and 303 of the Emergency Planning and Community Right-To-Know 
Act of 1986 (42 U.S.C. 11001, 11003).]
  (c) Compliance With Certain Law.--The Secretary may make a 
grant to a State or Indian tribe under this section in a fiscal 
year only if--
          (1) the State certifies that the State complies with 
        sections 301 and 303 of the Emergency Planning and 
        Community Right-To-Know Act of 1986 (42 U.S.C. 11001, 
        11003); and
          (2) the State or Indian tribe certifies to the 
        Secretary that such State or Indian tribe is in 
        compliance with section 5125(f).

           *       *       *       *       *       *       *

  (j) Supplemental Training Grants.--
          (1) In order to further the purposes of subsection 
        (b), the Secretary shall, subject to the availability 
        of [funds, make grants to national nonprofit employee 
        organizations engaged solely in fighting fires for] 
        funds and through a competitive process, make grants to 
        national nonprofit fire service organizations for the 
        purpose of training instructors to conduct hazardous 
        materials response training programs for individuals 
        with statutory responsibility to respond to hazardous 
        materials accidents and incidents.

           *       *       *       *       *       *       *

          (3) Funds granted to an organization under this 
        subsection shall only be used--
                  (A) to [train] provide portable training for 
                instructors to conduct hazardous materials 
                response training programs;

           *       *       *       *       *       *       *

          (4) The Secretary may only make a grant to an 
        organization under this subsection in a fiscal year if 
        the organization enters into an agreement with the 
        Secretary to [train] provide portable training for 
        instructors to conduct hazardous materials response 
        training programs in such fiscal year that will use--
                  (A) * * *

           *       *       *       *       *       *       *

        for training individuals with statutory responsibility 
        to respond to accidents and incidents involving 
        hazardous materials. Such agreement also shall provide 
        that training courses shall comply with national 
        consensus standards for hazardous material response and 
        be open to all such individuals on a nondiscriminatory 
        basis.

           *       *       *       *       *       *       *

  (k) Reports.--The Secretary shall submit annually to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate and make available to the public 
information on the allocation and uses of the [planning grants 
allocated under subsection (a), training grants under 
subsection (b), and grants under subsection (j) of this section 
and under section 5107] grants allocated under subsections (a), 
(b), and (j). The report shall identify the ultimate recipients 
of planning and training grants and include a detailed 
accounting of all grant expenditures by grant recipients, the 
number of persons trained under the grant programs, and an 
evaluation of the efficacy of planning and training programs 
carried out.

Sec. 5117. Special permits and exclusions

  [(a) Authority To Issue Special Permits.--(1) As provided 
under procedures prescribed by regulation,]
  (a) Authority To Issue Special Permits.--
          (1) In general.--As provided under procedures and 
        criteria prescribed by regulation in accordance with 
        section 553 of title 5, the Secretary may issue, 
        modify, or terminate a special permit authorizing a 
        variance from this chapter or a regulation prescribed 
        under section 5103(b), 5104, 5110, or 5112 of this 
        title to a person performing a function regulated by 
        the Secretary under section 5103(b)(1) in a way that 
        achieves a safety level--
          (A) * * *

           *       *       *       *       *       *       *

          (2) Requirements.--The Secretary shall ensure that 
        the procedures and criteria prescribed under paragraph 
        (1) provide adequate consistency, predictability, and 
        transparency in making the determinations to issue, 
        modify, or terminate a special permit.
  [(2) A special permit]
          (3) Effective period.--A special permit issued under 
        this section shall be effective for an initial period 
        of not more than 2 years and may be renewed by the 
        Secretary upon application for successive periods of 
        not more than 4 years each or, in the case of a special 
        permit relating to section 5112, for an additional 
        period of not more than 2 years.

           *       *       *       *       *       *       *

  (f) Limitation on Denial.--The Secretary may not deny an 
application for a modification or renewal of a special permit 
or an application for party status to an existing special 
permit for the sole reason that the applicant has a hazardous 
material out-of-service percentage of greater than the national 
average, according to the safety and fitness records maintained 
by the Federal Motor Carrier Safety Administration.
  (g) Incorporation Into Regulation.--
          (1) In general.--Not later than 1 year after the date 
        on which a special permit has been in continuous effect 
        for a 6-year period, the Secretary shall develop and 
        implement a rulemaking pursuant to section 5103 to 
        incorporate the special permit into regulation if the 
        special permit--
                  (A) concerns a matter of general 
                applicability;
                  (B) has future effect; and
                  (C) is consistent with hazardous material 
                safety.
          (2) Intent.--Nothing in paragraph (1) limits the 
        Secretary from incorporating a special permit into 
        regulation at any time before the deadline set by 
        paragraph (1).
          (3) Older special permits.--Not later than 3 years 
        after the date of enactment of this subsection, the 
        Secretary shall finalize a rulemaking pursuant to 
        section 5103 to incorporate into regulation any special 
        permit that concerns a matter of general applicability, 
        has future effect, is consistent with hazardous 
        material safety, and has been in continuous effect for 
        more than a 6-year period as of the date of enactment 
        of this subsection.

           *       *       *       *       *       *       *

Sec. 5119. Uniform forms and procedures

  [(a) Establishment of Working Group.--The Secretary shall 
establish a working group of State and local government 
officials, including representatives of the National Governors' 
Association, the National Association of Counties, the National 
League of Cities, the United States Conference of Mayors, the 
National Conference of State Legislatures, and the Alliance for 
Uniform Hazmat Transportation Procedures.
  [(b) Purpose of Working Group.--The purpose of the working 
group shall be to develop uniform forms and procedures for a 
State to register, and to issue permits to, persons that 
transport, or cause to be transported, hazardous material by 
motor vehicle in the State.
  [(c) Limitation on Working Group.--The working group may not 
propose to define or limit the amount of a fee a State may 
impose or collect.
  [(d) Procedure.--The Secretary shall develop a procedure for 
the working group to employ in developing recommendations for 
the Secretary to harmonize existing State registration and 
permit laws and regulations relating to the transportation of 
hazardous materials, with special attention paid to each 
State's unique safety concerns and interest in maintaining 
strong hazmat safety standards.
  [(e) Report of Working Group.--Not later than 18 months after 
the date of enactment of this subsection, the working group 
shall transmit to the Secretary a report containing 
recommendations for establishing uniform forms and procedures 
described in subsection (b).
  [(f) Regulations.--Not later than 18 months after the date 
the working group's report is delivered to the Secretary, the 
Secretary shall issue regulations to carry out such 
recommendations of the working group as the Secretary considers 
appropriate. In developing such regulations, the Secretary 
shall consider the State needs associated with the transition 
to and implementation of a uniform forms and procedures 
program.
  [(g) Limitation on Statutory Construction.--Nothing in this 
section shall be construed as prohibiting a State from 
voluntarily participating in a program of uniform forms and 
procedures until such time as the Secretary issues regulations 
under subsection (f).]
  (a) Uniform Motor Carrier Permit Program Defined.--In this 
section, the term ``Uniform Motor Carrier Permit Program'' 
means the State-based, reciprocal program of uniform forms and 
procedures for registering and permitting persons who transport 
hazardous material by motor vehicle developed and recommended 
by the Alliance for Uniform Hazmat Transportation Procedures, 
including any superseding amendments or revisions adopted by 
the Secretary pursuant to subsection (b).
  (b) Regulations.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of the Hazardous Material Transportation 
        Safety, Efficiency, and Accountability Act of 2012, the 
        Secretary shall issue regulations to implement the 
        Uniform Motor Carrier Permit Program.
          (2) Revisions.--The Secretary may modify the 
        regulations issued under paragraph (1) only as 
        necessary to promote safety, efficiency, and 
        uniformity.
  (c) Financial and Technical Assistance and Support.--
          (1) In general.--The Secretary may provide planning 
        and transition assistance to States to facilitate the 
        adoption of the Uniform Motor Carrier Permit Program.
          (2) Use of funds.--A State shall use assistance 
        awarded under this subsection only to transition 
        existing State registration and permitting programs to 
        the Uniform Motor Carrier Permit Program.
          (3) Termination of authority.--The authority to 
        provide assistance to States under this subsection 
        shall terminate 6 years after the date of enactment of 
        the Hazardous Material Transportation Safety, 
        Efficiency, and Accountability Act of 2012.
  (d) Cooperative Agreement.--The Secretary may enter into a 
cooperative agreement for outreach, data management, and other 
centralized functions supporting implementation of the Uniform 
Motor Carrier Permit Program.
  (e) Related Expenses.--For purposes of section 5125(f)(1), a 
fee used for a purpose related to transporting hazardous 
material may include the costs incurred in implementing and 
administering the Uniform Motor Carrier Permit Program, 
including the costs of establishing or modifying forms, 
procedures, and systems.
  (f) Transition of State Programs.--Not later than 6 years 
after the date of enactment of the Hazardous Material 
Transportation Safety, Efficiency, and Accountability Act of 
2012, a State may enforce registration and permitting 
requirements for motor carriers that transport hazardous 
material in commerce only in accordance with the Uniform Motor 
Carrier Permit Program.
  (g) Limitation.--Nothing in this section shall define or 
limit the amount of a fee a State may impose or collect for 
registration and permitting.

Sec. 5120. International uniformity of standards and requirements

  (a) Participation in International Forums.--Subject to 
guidance and direction from the Secretary of [State, the 
Secretary of Transportation shall participate] State and the 
Secretary of Transportation, the Administrator of the Pipelines 
and Hazardous Materials Safety Administration, or the 
Administrator's designee, shall represent the United States and 
serve as the United States competent authority in international 
forums that establish or recommend mandatory standards and 
requirements for transporting hazardous material in 
international commerce.
  (b) Consultation.--[The Secretary] The Administrator may 
consult with interested authorities to ensure that, to the 
extent practicable, regulations the Secretary prescribes under 
[sections 5103(b), 5104, 5110, and 5112 of this title] this 
chapter are consistent with standards and requirements related 
to transporting hazardous material that international 
authorities adopt.

           *       *       *       *       *       *       *

Sec. 5121. Administrative

  (a) * * *

           *       *       *       *       *       *       *

  (c) Inspections and Investigations.--
          (1) In general.--A designated officer, employee, or 
        agent of the Secretary--
                  (A) * * *
                  (B) except in the case of packaging 
                immediately adjacent to its hazardous material 
                contents, may gain access to, open, and examine 
                a package offered for, or in, transportation 
                when the officer, employee, or agent has an 
                objectively reasonable and articulable belief 
                that the package [may contain a hazardous 
                material;] may contain an undeclared hazardous 
                material and such activity takes place at a 
                properly equipped facility designated by the 
                Secretary for this purpose;
                  (C) may remove from transportation a package 
                [or related packages] suspected of containing 
                undeclared hazardous material in a shipment 
                offered for or in transportation for which--
                          (i) * * *

           *       *       *       *       *       *       *

                  (E) as necessary, under terms and conditions 
                specified by the Secretary, [may order the 
                offeror, carrier, packaging manufacturer or 
                tester, or other person responsible for the 
                package to have the package transported to, 
                opened, and the contents examined and analyzed, 
                at a facility appropriate for the conduct of 
                such examination and analysis; and] may order 
                the offeror, after giving notice to the 
                carrier, to have the package transported to, 
                opened, and the contents examined and analyzed 
                at a properly equipped facility designated by 
                the Secretary for this purpose;
                  (F) when safety might otherwise be 
                compromised, may authorize properly qualified 
                personnel to assist in the activities conducted 
                under this subsection[.]; and
                  (G) shall provide contemporaneous notice to 
                the affected offeror and carrier of its 
                decision to exercise its authority under 
                subparagraph (B), (C), (D), or (E).

           *       *       *       *       *       *       *

  [(e) Regulations.--
          [(1) Temporary regulations.--Not later than 60 days 
        after the date of enactment of the Hazardous Materials 
        Transportation Safety and Security Reauthorization Act 
        of 2005, the Secretary shall issue temporary 
        regulations to carry out subsections (c) and (d). The 
        temporary regulations shall expire on the date of 
        issuance of the regulations under paragraph (2).
          [(2) Final regulations.--Not later than 1 year after 
        such date of enactment, the Secretary shall issue 
        regulations to carry out subsections (c) and (d) in 
        accordance with subchapter II of chapter 5 of title 5.]
  (e) Regulations.--To carry out subsections (c) and (d), the 
Secretary shall issue regulations in accordance with section 
553 of title 5 that address, at a minimum, the following:
          (1) Avoidance of delay in the transportation of time-
        sensitive materials, such as medical products, 
        perishables, and other packages that are not the 
        subject of the inspection.
          (2) Appropriate training and equipment for 
        inspectors.
          (3) Restoration of the properly certified status of 
        the inspected package before resumption of 
        transportation of that package.
          (4) Consideration of the costs and damages that might 
        occur as a result of an inspection.

           *       *       *       *       *       *       *

  (g) Grants and Cooperative Agreements.--The Secretary may 
enter into grants and cooperative agreements with a person, 
agency, or instrumentality of the United States, a unit of 
State or local government, an Indian tribe, a foreign 
government (in coordination with the Department of State), an 
educational institution, or other appropriate entity--
          (1) * * *

           *       *       *       *       *       *       *

          (3) to conduct research, development, demonstration, 
        risk assessment, and emergency response planning and 
        training activities; [or]
          (4) to work with State enforcement personnel with 
        information and training relating to the uniform 
        enforcement of the regulations governing the 
        transportation of hazardous material; or
          [(4)] (5) to otherwise carry out this chapter.
  (h) Biennial Report.--The Secretary shall, once every 2 
years, prepare and transmit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a comprehensive report on the transportation of 
hazardous [materials during] material in all modes of 
transportation during the preceding 2 calendar years. The 
report shall include--
          (1) * * *
          (2) a summary of the hazardous material transported 
        during the period covered by the report, set forth by 
        the type and quantity of hazardous material and by 
        mode;
          [(2)] (3) a list and summary of applicable Government 
        regulations, criteria, orders, and special permits;
          [(3)] (4) a summary of the basis for each special 
        [permit] permit issued;
          [(4)] (5) an evaluation of the effectiveness of 
        enforcement [activities] activities, including 
        activities conducted under subsections (c) and (d), 
        relating to a function regulated by the Secretary under 
        section 5103(b)(1) and the degree of voluntary 
        compliance with regulations;
          [(5)] (6) a summary of outstanding problems in 
        carrying out this chapter in order of priority; and
          [(6)] (7) recommendations for [appropriate 
        legislation] legislative action that the Secretary 
        considers appropriate.

           *       *       *       *       *       *       *

Sec. 5123. Civil penalty

  (a) Penalty.--(1) A person that knowingly violates this 
chapter or a regulation, order, special permit, or approval 
issued under this chapter is liable to the United States 
Government for a civil penalty of [at least $250 but] not more 
than $50,000 for each violation. A person acts knowingly when--
          (A) * * *

           *       *       *       *       *       *       *

  [(3) If the violation is related to training, paragraph (1) 
shall be applied by substituting ``$450'' for ``$250''.]
  [(4)] (3) A separate violation occurs for each day the 
violation, committed by a person that transports or causes to 
be transported hazardous material, continues.
  (4) A carrier shall not be liable for violations of this 
chapter, or a regulation issued under this chapter, stemming 
from pre-transportation functions, as defined in section 171.1 
of title 49, Code of Federal Regulations, that are performed by 
another person unless the carrier has actual knowledge of a 
violation.

           *       *       *       *       *       *       *

  (h) Penalty for Failure to Maintain Records, Reports, and 
Information.--The Secretary may impose a penalty on a person 
who fails to comply with section 5121(b).

           *       *       *       *       *       *       *

Sec. 5125. Preemption

  (a) General.--Except as provided in subsections (b), (c), and 
(e) of this section and unless authorized by another law of the 
United States, a requirement of a State, political subdivision 
of a State, or Indian tribe is preempted if--
          (1) complying with a requirement of the State, 
        political subdivision, or tribe and a requirement of 
        this chapter, a regulation prescribed under this 
        chapter, or a hazardous materials transportation 
        security regulation or directive issued by the 
        Secretary of Homeland Security is not possible; [or]
          (2) the requirement of the State, political 
        subdivision, or tribe, as applied or enforced, is an 
        obstacle to accomplishing and carrying out this 
        chapter, a regulation prescribed under this chapter, or 
        a hazardous materials transportation security 
        regulation or directive issued by the Secretary of 
        Homeland Security[.]; or
          (3) the requirement of the State, political 
        subdivision, or Indian tribe, as applied or enforced, 
        is an unreasonable burden on commerce.
  (b) Substantive Differences.--(1) Except as provided in 
subsection (c) of this section and unless authorized by another 
law of the United States, a law, regulation, order, or other 
requirement of a State, political subdivision of a State, or 
Indian tribe about any of the following subjects, that is not 
substantively the same as a provision of this chapter, a 
regulation prescribed under this chapter, or a hazardous 
materials transportation security regulation or directive 
issued by the Secretary of Homeland Security, is preempted:
          (A) * * *

           *       *       *       *       *       *       *

          (D) the [written] notification, recording, and 
        reporting of the unintentional release in 
        transportation of hazardous material.

           *       *       *       *       *       *       *

  (c) Compliance With Section 5112(b) Regulations.--(1) Except 
as provided in paragraph (2) of this subsection, after the last 
day of the 2-year period beginning on the date a regulation is 
prescribed under section 5112(b) of this title, a State or 
Indian tribe may establish, maintain, or enforce a highway 
routing designation over which hazardous material may or may 
not be transported by motor vehicles, or a limitation or 
requirement related to highway routing, only if the 
designation, limitation, or requirement complies with section 
5112(b)[.] and is published in the Department's hazardous 
material route registry under section 5112(c).

           *       *       *       *       *       *       *

  (d) Decisions on Preemption.--(1) A person (including a 
State, political subdivision of a State, or Indian tribe) 
directly affected by a requirement of a State, political 
subdivision, or tribe may apply to the Secretary, as provided 
by regulations prescribed by the Secretary, for a decision on 
whether the requirement is preempted by subsection (a), (b)(1), 
or (c) of this section [or section 5119(f)]. The Secretary 
shall publish notice of the application in the Federal 
Register. The Secretary shall issue a decision on an 
application for a determination within 180 days after the date 
of the publication of the notice of having received such 
application, or the Secretary shall publish a statement in the 
Federal Register of the reason why the Secretary's decision on 
the application is delayed, along with an estimate of the 
additional time necessary before the decision is made. After 
notice is published, an applicant may not seek judicial relief 
on the same or substantially the same issue until the Secretary 
takes final action on the application or until 180 days after 
the application is filed, whichever occurs first.

           *       *       *       *       *       *       *

  (e) Waiver of Preemption.--A State, political subdivision of 
a State, or Indian tribe may apply to the Secretary for a 
waiver of preemption of a requirement the State, political 
subdivision, or tribe acknowledges is preempted by subsection 
(a), (b)(1), or (c) of this section [or section 5119(f)]. Under 
a procedure the Secretary prescribes by regulation, the 
Secretary may waive preemption on deciding the requirement--
          (1) * * *

           *       *       *       *       *       *       *

  (f) Fees.--(1) * * *
  (2) A State or political subdivision thereof or Indian tribe 
that levies a fee in connection with the transportation of 
hazardous materials shall[, upon the Secretary's request,] 
biennially report to the Secretary on--
          (A) * * *

           *       *       *       *       *       *       *

  (g) Application of Each Preemption Standard.--Each standard 
for preemption in subsection (a), (b)(1), or (c)[, and in 
section 5119(f),] is independent in its application to a 
requirement of a State, political subdivision of a State, or 
Indian tribe.
  [(h) Non-Federal Enforcement Standards.--This section does 
not apply to any procedure, penalty, required mental state, or 
other standard utilized by a State, political subdivision of a 
State, or Indian tribe to enforce a requirement applicable to 
the transportation of hazardous material.]

           *       *       *       *       *       *       *

[Sec. 5128. Authorization of appropriations

  [(a) In General.--In order to carry out this chapter (except 
sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119), the 
following amounts are authorized to be appropriated to the 
Secretary:
          [(1) For fiscal year 2005, $24,940,000.
          [(2) For fiscal year 2006, $29,000,000.
          [(3) For fiscal year 2007, $30,000,000.
          [(4) For fiscal year 2008, $30,000,000.
  [(b) Hazardous Materials Emergency Preparedness Fund.--There 
shall be available to the Secretary, from the account 
established pursuant to section 5116(i), for each of fiscal 
years 2005 through 2008 the following:
          [(1) To carry out section 5115, $200,000.
          [(2) To carry out sections 5116(a) and (b), 
        $21,800,000 to be allocated as follows:
                  [(A) $5,000,000 to carry out section 5116(a).
                  [(B) $7,800,000 to carry out section 5116(b).
                  [(C) Of the amount provided for by this 
                paragraph for a fiscal year in excess of the 
                suballocations in subparagraphs (A) and (B)--
                          [(i) 35 percent shall be used to 
                        carry out section 5116(a); and
                          [(ii) 65 percent shall be used to 
                        carry out section 5116(b),
                except that the Secretary may increase the 
                proportion to carry out section 5116(b) and 
                decrease the proportion to carry out section 
                5116(a) if the Secretary determines that such 
                reallocation is appropriate to carry out the 
                intended uses of these funds as described in 
                the applications submitted by States and Indian 
                tribes.
          [(3) To carry out section 5116(f), $150,000.
          [(4) To publish and distribute the Emergency Response 
        Guidebook under section 5116(i)(3), $625,000.
          [(5) To carry out section 5116(j), $1,000,000.
  [(c) Hazmat Training Grants.--There shall be available to the 
Secretary, from the account established pursuant to section 
5116(i), to carry out section 5107(e) $4,000,000 for each of 
fiscal years 2005 through 2008.
  [(d) Issuance of Hazmat Licenses.--There are authorized to be 
appropriated for the Department of Transportation such amounts 
as may be necessary to carry out section 5103a.
  [(e) Credits to Appropriations.--The Secretary may credit to 
any appropriation to carry out this chapter an amount received 
from a State, Indian tribe, or other public authority or 
private entity for expenses the Secretary incurs in providing 
training to the State, authority, or entity.
  [(f) Availability of Amounts.--Amounts made available by or 
under this section remain available until expended.]

Sec. 5128. Authorization of appropriations

  (a) In General.--In order to carry out this chapter (except 
sections 5108(g)(2), 5113, 5115, 5116, and 5119), there are 
authorized to be appropriated to the Secretary $39,000,000 for 
each of fiscal years 2012 through 2016.
  (b) Hazardous Material Emergency Preparedness Fund.--For each 
of the fiscal years 2012 through 2016, there shall be available 
to the Secretary, from the account established pursuant to 
section 5116(i), the following:
          (1) To carry out section 5115, $188,000.
          (2) To carry out subsections (a) and (b) of section 
        5116, $21,800,000.
          (3) To carry out section 5116(f), $150,000.
          (4) To publish and distribute the Emergency Response 
        Guidebook under section 5116(j)(3), $625,000.
          (5) To carry out section 5116(j), $1,000,000.
  (c) Issuance of Hazmat Licenses.--There are authorized to be 
appropriated to the Secretary such amounts as may be necessary 
to carry out section 5103a.
  (d) Credits to Appropriations.--The Secretary may credit to 
any appropriation to carry out this chapter an amount received 
from a State, Indian tribe, or other public authority or 
private entity for expenses the Secretary incurs in providing 
training to the State, tribe, authority, or entity.
  (e) Uniform Forms and Procedures.--There are authorized to be 
appropriated to the Secretary $1,000,000 to carry out section 
5119. This amount shall remain available to be expended by the 
Secretary for the 6-year period that begins on the date of 
enactment of this section.
  (f) Availability of Amounts.--Amounts made available by or 
under this section, except for the amount under subsection (e), 
shall remain available until expended.

                  CHAPTER 52--TRANSPORTATION PLANNING

Sec.
5201. Policy.
5202. Definitions.
5203. Metropolitan transportation planning.
5204. Statewide transportation planning.
5205. National strategic transportation plan.
5206. National performance management system.

Sec. 5201. Policy

  (a) In General.--It is in the national interest to--
          (1) encourage and promote the safe and efficient 
        management, operation, and development of surface 
        transportation systems that will serve the mobility 
        needs of people and freight and foster economic growth 
        and development within and between States and urbanized 
        areas, while minimizing transportation-related fuel 
        consumption and air pollution through metropolitan and 
        statewide transportation planning processes identified 
        in this chapter; and
          (2) encourage the continued improvement and evolution 
        of the metropolitan and statewide transportation 
        planning processes by metropolitan planning 
        organizations, State departments of transportation, and 
        public transportation operators as guided by the 
        planning factors identified in sections 5203(f) and 
        5204(d).
  (b) Common Transportation Planning Program.--This chapter 
provides a common transportation planning program to be 
administered by the Federal Highway Administration and the 
Federal Transit Administration.

Sec. 5202. Definitions

  In this chapter, the following definitions apply:
          (1) Metropolitan planning area.--The term 
        ``metropolitan planning area'' means the geographic 
        area determined by agreement between the metropolitan 
        planning organization for the area and the Governor 
        under section 5203(c).
          (2) Metropolitan long-range transportation plan.--The 
        term ``metropolitan long-range transportation plan'' 
        means a long-range transportation plan developed by an 
        MPO under section 5203 for a metropolitan planning 
        area.
          (3) Metropolitan planning organization; mpo.--The 
        term ``metropolitan planning organization'' or ``MPO'' 
        means the policy board of an organization created as a 
        result of the designation process in section 5203(b).
          (4) Metropolitan transportation improvement program; 
        metropolitan tip.--The term ``metropolitan 
        transportation improvement program'' or ``metropolitan 
        TIP'' means a transportation improvement program 
        developed by an MPO under section 5203 for a 
        metropolitan planning area.
          (5) Nonmetropolitan area.--The term ``nonmetropolitan 
        area'' means a geographic area outside designated 
        metropolitan planning areas.
          (6) Nonmetropolitan local official.--The term 
        ``nonmetropolitan local official'' means elected and 
        appointed officials of general purpose local government 
        in a nonmetropolitan area with responsibility for 
        transportation.
          (7) Regional transportation planning organization.--
        The term ``regional transportation planning 
        organization'' means a policy board of an organization 
        created as the result of a designation under section 
        5204(k).
          (8) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.
          (9) State.--The term ``State'' means any of the 50 
        States, the District of Columbia, or Puerto Rico.
          (10) Statewide strategic long-range transportation 
        plan.--The term ``statewide strategic long-range 
        transportation plan'' means a strategic long-range 
        transportation plan developed by a State under section 
        5204 for all areas of the State.
          (11) Statewide transportation improvement program; 
        statewide tip.--The term ``statewide transportation 
        improvement program'' or ``statewide TIP'' means a 
        transportation improvement program developed by a State 
        under section 5204 for all areas of the State.
          (12) Urbanized area.--The term ``urbanized area'' 
        means a geographic area with a population of 50,000 or 
        more, as designated by the Bureau of the Census.

Sec. 5203. Metropolitan transportation planning

  (a) General Requirements.--
          (1) Development of metropolitan long-range plans and 
        tips.--To accomplish the objectives set forth in 
        section 5201, metropolitan planning organizations 
        designated under subsection (b), in cooperation with 
        the State and public transportation operators, shall 
        develop metropolitan long-range transportation plans 
        and transportation improvement programs for 
        metropolitan planning areas of the State.
          (2) Contents.--Metropolitan long-range transportation 
        plans and TIPs shall provide for the development and 
        integrated management and operation of transportation 
        systems and facilities (including accessible pedestrian 
        walkways, bicycle transportation facilities, and 
        intermodal facilities that support intercity 
        transportation, including intercity buses and intercity 
        bus facilities) that will function as an intermodal 
        transportation system for the metropolitan planning 
        area and as an integral part of an intermodal 
        transportation system for the State and the United 
        States.
          (3) Process of development.--The process for 
        developing metropolitan long-range transportation plans 
        and TIPs shall provide for consideration of all modes 
        of transportation and shall be continuing, cooperative, 
        and comprehensive to the degree appropriate, based on 
        the complexity of the transportation problems to be 
        addressed.
  (b) Designation of MPOs.--
          (1) In general.--To carry out the transportation 
        planning process required by this section, an MPO shall 
        be designated for an urbanized area with a population 
        of more than 100,000 individuals--
                  (A) by agreement between the Governor and 
                units of general purpose local government that 
                together represent at least 75 percent of the 
                affected population (including the largest 
                incorporated city (based on population) as 
                named by the Bureau of the Census); or
                  (B) in accordance with procedures established 
                by applicable State or local law.
          (2) Structure.--An MPO that serves an area designated 
        as a transportation management area, when designated or 
        redesignated under this subsection, shall consist of--
                  (A) local elected officials;
                  (B) officials of public agencies that 
                administer or operate major modes of 
                transportation in the metropolitan area; and
                  (C) appropriate State officials.
          (3) Limitation on statutory construction.--Nothing in 
        this subsection may be construed to interfere with the 
        authority, under any State law in effect on December 
        18, 1991, of a public agency with multimodal 
        transportation responsibilities to--
                  (A) develop metropolitan long-range 
                transportation plans or TIPs for adoption by an 
                MPO; and
                  (B) develop long-range capital plans, 
                coordinate public transportation services or 
                projects, or carry out other activities 
                pursuant to State law.
          (4) Continuing designation.--A designation of an MPO 
        under this subsection or any other provision of law 
        shall remain in effect until the MPO is redesignated 
        under paragraph (5) or revoked by agreement among the 
        Governor and units of general purpose local government 
        that together represent at least 75 percent of the 
        affected population or as otherwise provided under 
        State or local procedures.
          (5) Redesignation procedures.--An MPO may be 
        redesignated by agreement between the Governor and 
        units of general purpose local government that together 
        represent at least 75 percent of the existing planning 
        area population (including the largest incorporated 
        city (based on population) as named by the Bureau of 
        the Census) as appropriate to carry out this section.
          (6) Designation of multiple mpos.--More than 1 MPO 
        may be designated within an existing metropolitan 
        planning area only if the Governor and the existing MPO 
        determine that the size and complexity of the existing 
        metropolitan planning area make designation of more 
        than 1 MPO for the area appropriate.
  (c) Metropolitan Planning Area Boundaries.--
          (1) In general.--For the purposes of this section, 
        the boundaries of a metropolitan planning area shall be 
        determined by agreement between the MPO and the 
        Governor.
          (2) Included area.--A metropolitan planning area--
                  (A) shall encompass at least the existing 
                urbanized area and the contiguous area expected 
                to become urbanized within a 20-year forecast 
                period for the metropolitan long-range 
                transportation plan; and
                  (B) may encompass the entire metropolitan 
                statistical area or consolidated metropolitan 
                statistical area, as defined by the Bureau of 
                the Census.
          (3) Identification of new urbanized areas within 
        existing planning area boundaries.--The designation by 
        the Bureau of the Census of new urbanized areas within 
        an existing metropolitan planning area shall not 
        require the redesignation of the existing MPO.
          (4) Existing metropolitan planning areas in 
        nonattainment.--Notwithstanding paragraph (2), in the 
        case of an urbanized area designated as a nonattainment 
        area for ozone or carbon monoxide under the Clean Air 
        Act (42 U.S.C. 7401 et seq.) as of August 10, 2005, the 
        boundaries of the metropolitan planning area in 
        existence as of such date shall be retained, except 
        that the boundaries may be adjusted by agreement of the 
        Governor and affected MPOs in the manner described in 
        subsection (b)(5).
          (5) New metropolitan planning areas in 
        nonattainment.--In the case of an urbanized area 
        designated after August 10, 2005, as a nonattainment 
        area for ozone or carbon monoxide, the boundaries of 
        the metropolitan planning area--
                  (A) shall be established in the manner 
                described in subsection (b)(1);
                  (B) shall encompass the areas described in 
                subsection (c)(2)(A);
                  (C) may encompass the areas described in 
                subsection (c)(2)(B); and
                  (D) may address any nonattainment area 
                identified under the Clean Air Act for ozone or 
                carbon monoxide.
  (d) Coordination in Multistate Areas.--
          (1) In general.--The Secretary shall encourage a 
        Governor with responsibility for a portion of a 
        multistate metropolitan area and the appropriate MPOs 
        to provide coordinated transportation planning for the 
        entire metropolitan area.
          (2) Interstate compacts.--The consent of Congress is 
        granted to any 2 or more States--
                  (A) to enter into agreements or compacts, not 
                in conflict with any law of the United States, 
                for cooperative efforts and mutual assistance 
                in support of activities authorized under this 
                section as the activities pertain to interstate 
                areas and localities within the States; and
                  (B) to establish such agencies, joint or 
                otherwise, as the States may determine 
                desirable for making the agreements and 
                compacts effective.
          (3) Reservation of rights.--The right to alter, 
        amend, or repeal interstate compacts entered into under 
        this subsection is expressly reserved.
  (e) MPO Consultation in Plan and TIP Coordination.--
          (1) Nonattainment areas.--If more than 1 MPO has 
        authority within a metropolitan area or an area that is 
        designated as a nonattainment area for ozone or carbon 
        monoxide under the Clean Air Act, each MPO shall 
        consult with the other MPOs designated for such area 
        and the State in the coordination of metropolitan long-
        range transportation plans and TIPs.
          (2) Transportation improvements located in areas 
        represented by multiple mpos.--If a transportation 
        improvement, funded from the Highway Trust Fund or 
        authorized under chapter 53 of this title, is located 
        within the boundaries of more than 1 metropolitan 
        planning area, the MPOs shall coordinate metropolitan 
        long-range transportation plans and TIPs regarding the 
        transportation improvement.
          (3) Relationship with other planning officials.--The 
        Secretary shall encourage an MPO to consult with 
        officials responsible for other types of planning 
        activities that are affected by transportation in the 
        area (including State and local planned growth, 
        economic development, environmental protection, airport 
        operations, and freight movements) or to coordinate its 
        planning process, to the maximum extent practicable, 
        with such planning activities. Under the metropolitan 
        planning process, metropolitan long-range 
        transportation plans and TIPs shall be developed with 
        due consideration of other related planning activities 
        within the metropolitan area, and the process shall 
        provide for the design and delivery of transportation 
        services within the metropolitan area that are provided 
        by--
                  (A) recipients of assistance under chapter 
                53;
                  (B) governmental agencies and nonprofit 
                organizations (including representatives of the 
                agencies and organizations) that receive 
                Federal assistance from a source other than the 
                Department of Transportation to provide 
                nonemergency transportation services; and
                  (C) recipients of assistance under sections 
                202 and 203 of title 23.
  (f) Scope of Planning Process.--
          (1) In general.--The metropolitan planning process 
        for a metropolitan planning area under this section 
        shall provide for consideration of projects and 
        strategies that will--
                  (A) support the economic vitality of the 
                metropolitan area, especially by enabling 
                global competitiveness, productivity, and 
                efficiency;
                  (B) increase the safety of the transportation 
                system for motorized and nonmotorized users;
                  (C) increase the security of the 
                transportation system for motorized and 
                nonmotorized users;
                  (D) increase the accessibility and mobility 
                of people and for freight;
                  (E) protect and enhance the environment, 
                promote energy conservation, improve the 
                quality of life, and promote consistency 
                between transportation improvements and State 
                and local planned growth and economic 
                development patterns;
                  (F) enhance the integration and connectivity 
                of the transportation system, across and 
                between modes, for people and freight;
                  (G) promote efficient system management and 
                operation, including through the use of 
                intelligent transportation systems;
                  (H) emphasize the preservation of the 
                existing transportation system; and
                  (I) support intermodal facilities or 
                facilitate regional growth.
          (2) Failure to consider factors.--The failure to 
        consider any factor specified in paragraph (1) shall 
        not be reviewable by any court under title 23, chapter 
        53 of this title, subchapter II of chapter 5 of title 
        5, or chapter 7 of title 5 in any matter affecting a 
        metropolitan long-range transportation plan or TIP, a 
        project or strategy, or the certification of a planning 
        process.
  (g) Development of Long-Range Transportation Plan.--
          (1) In general.--
                  (A) Existing and former nonattainment 
                areas.--An MPO shall prepare and update a 
                metropolitan long-range transportation plan for 
                its metropolitan planning area in accordance 
                with the requirements of this subsection. The 
                MPO shall prepare and update the plan every 4 
                years (or more frequently, if the MPO elects to 
                update more frequently) in the case of each of 
                the following:
                          (i) Any area designated as 
                        nonattainment, as defined in section 
                        107(d) of the Clean Air Act (42 U.S.C. 
                        7407(d)).
                          (ii) Any area that was nonattainment 
                        and subsequently designated to 
                        attainment in accordance with section 
                        107(d)(3) of that Act (42 U.S.C. 
                        7407(d)(3)) and that is subject to a 
                        maintenance plan under section 175A of 
                        that Act (42 U.S.C. 7505a).
                  (B) Other areas.--In the case of any other 
                area required to have a metropolitan long-range 
                transportation plan, the MPO shall prepare and 
                update the plan every 5 years unless the MPO 
                elects to update more frequently.
          (2) Long-range transportation plan.--A metropolitan 
        long-range transportation plan shall be in a form that 
        the Secretary determines to be appropriate and shall 
        contain, at a minimum, the following:
                  (A) Identification of transportation 
                facilities.--An identification of 
                transportation facilities (including major 
                roadways, public transportation facilities, 
                intercity bus facilities, multimodal and 
                intermodal facilities, and intermodal 
                connectors) that should function as an 
                integrated metropolitan transportation system, 
                giving emphasis to those facilities that serve 
                important national and regional transportation 
                functions. In formulating the plan, the MPO 
                shall consider factors described in subsection 
                (f) and other relevant data and factors 
                disseminated by the Secretary pursuant to 
                section 5205(b) as such factors relate to a 20-
                year forecast period.
                  (B) Mitigation activities.--
                          (i) In general.--A metropolitan long-
                        range transportation plan shall include 
                        a discussion of types of potential 
                        environmental mitigation activities and 
                        potential areas to carry out these 
                        activities, including activities that 
                        may have the greatest potential to 
                        restore and maintain the environmental 
                        functions affected by the plan.
                          (ii) Consultation.--The discussion 
                        shall be developed in consultation with 
                        Federal, State, and tribal wildlife, 
                        land management, and regulatory 
                        agencies.
                  (C) Financial plan.--
                          (i) In general.--A financial plan 
                        that--
                                  (I) demonstrates how the 
                                adopted metropolitan long-range 
                                transportation plan can be 
                                implemented;
                                  (II) indicates resources from 
                                public and private sources that 
                                are reasonably expected to be 
                                made available to carry out the 
                                metropolitan long-range 
                                transportation plan;
                                  (III) recommends any 
                                additional financing strategies 
                                for needed projects and 
                                programs; and
                                  (IV) may include, for 
                                illustrative purposes, 
                                additional projects that would 
                                be included in the adopted 
                                metropolitan long-range 
                                transportation plan if 
                                reasonable additional resources 
                                beyond those identified in the 
                                financial plan were available.
                          (ii) Estimates of funds.--For the 
                        purpose of developing the metropolitan 
                        long-range transportation plan, the 
                        MPO, public transportation operator, 
                        and State shall cooperatively develop 
                        estimates of funds that will be 
                        available to support plan 
                        implementation.
                  (D) Operational and management strategies.--
                Operational and management strategies to 
                improve the performance of existing 
                transportation facilities to relieve vehicular 
                congestion and maximize the safety and mobility 
                of people and goods.
                  (E) Capital investment and other 
                strategies.--Capital investment and other 
                strategies to preserve the existing and 
                projected future metropolitan transportation 
                infrastructure and provide for multimodal 
                capacity increases based on regional priorities 
                and needs.
          (3) Intercity bus.--A metropolitan long-range 
        transportation plan shall consider the role intercity 
        buses may play in reducing congestion, pollution, and 
        energy consumption in a cost-effective manner and 
        strategies and investments that preserve and enhance 
        intercity bus systems, including systems that are 
        privately owned and operated.
          (4) Coordination with clean air act agencies.--In 
        metropolitan areas that are in nonattainment for ozone 
        or carbon monoxide under the Clean Air Act, the MPO 
        shall coordinate the development of a metropolitan 
        long-range transportation plan with the process for 
        development of the transportation control measures of 
        the State implementation plan required by that Act.
          (5) Consultation; comparisons.--
                  (A) Consultation.--A metropolitan long-range 
                transportation plan shall be developed, as 
                appropriate, in consultation with State and 
                local agencies responsible for land use 
                management, natural resources, environmental 
                protection, conservation, and historic 
                preservation.
                  (B) Comparisons.--Consultation under 
                subparagraph (A) shall involve, as appropriate, 
                a comparison of the metropolitan long-range 
                transportation plan--
                          (i) to State conservation plans and 
                        maps, if available; and
                          (ii) to inventories of natural and 
                        historic resources, if available.
          (6) Participation by interested parties.--
                  (A) In general.--An MPO shall provide 
                citizens, affected public agencies, 
                representatives of public transportation 
                employees, freight shippers, providers of 
                freight transportation services, private 
                providers of transportation, including 
                intercity bus services, representatives of 
                users of public transportation, representatives 
                of users of pedestrian walkways and bicycle 
                transportation facilities, representatives of 
                the disabled, and other interested parties with 
                a reasonable opportunity to comment on its 
                metropolitan long-range transportation plan.
                  (B) Contents of participation plan.--A 
                participation plan shall--
                          (i) be developed in consultation with 
                        all interested parties; and
                          (ii) provide that all interested 
                        parties have reasonable opportunities 
                        to comment on the contents of the 
                        metropolitan long-range transportation 
                        plan.
                  (C) Methods.--In carrying out subparagraph 
                (A), the MPO shall, to the maximum extent 
                practicable--
                          (i) hold any public meetings at 
                        convenient and accessible locations and 
                        times;
                          (ii) employ visualization techniques 
                        to describe plans; and
                          (iii) make public information 
                        available in electronically accessible 
                        format and means, such as the Internet, 
                        as appropriate to afford a reasonable 
                        opportunity for consideration of public 
                        information under subparagraph (A).
          (7) Publication.--A metropolitan long-range 
        transportation plan involving Federal participation 
        shall be published or otherwise made readily available 
        by the MPO for public review (including to the maximum 
        extent practicable in electronically accessible formats 
        and means, such as the Internet) approved by the MPO, 
        and submitted for information purposes to the Governor, 
        at such times and in such manner as the Secretary shall 
        establish.
          (8) Selection of projects from illustrative list.--
        Notwithstanding paragraph (2)(C), a State or MPO shall 
        not be required to select any project from the 
        illustrative list of additional projects included in 
        the financial plan under such paragraph.
  (h) Metropolitan TIP.--
          (1) Development.--
                  (A) In general.--In cooperation with the 
                State and any affected public transportation 
                operator, the MPO designated for a metropolitan 
                area shall develop a metropolitan TIP for the 
                area for which the organization is designated.
                  (B) Opportunity for comment.--In developing 
                the metropolitan TIP, the MPO, in cooperation 
                with the State and any affected public 
                transportation operator, shall provide an 
                opportunity for participation by interested 
                parties in the development of the program, in 
                accordance with subsection (g)(6).
                  (C) Funding estimates.--For the purpose of 
                developing the metropolitan TIP, the MPO, 
                public transportation agency, and State shall 
                cooperatively develop estimates of funds that 
                are reasonably expected to be available to 
                support program implementation.
                  (D) Updating and approval.--The metropolitan 
                TIP shall be updated at least once every 4 
                years and shall be approved by the MPO and the 
                Governor.
          (2) Contents.--
                  (A) Priority list.--The metropolitan TIP 
                shall include a priority list of proposed 
                federally supported projects and strategies to 
                be carried out within each 4-year period after 
                the initial adoption of the metropolitan TIP.
                  (B) Financial plan.--The metropolitan TIP 
                shall include a financial plan that--
                          (i) demonstrates how the metropolitan 
                        TIP can be implemented;
                          (ii) indicates resources from public 
                        and private sources that are reasonably 
                        expected to be available to carry out 
                        the metropolitan TIP;
                          (iii) identifies innovative financing 
                        techniques to finance projects, 
                        programs, and strategies; and
                          (iv) may include, for illustrative 
                        purposes, additional projects that 
                        would be included in the approved 
                        metropolitan TIP if reasonable 
                        additional resources beyond those 
                        identified in the financial plan were 
                        available.
                  (C) Descriptions.--A project in the 
                metropolitan TIP shall include sufficient 
                descriptive material (such as type of work, 
                termini, length, and other similar factors) to 
                identify the project or phase of the project.
          (3) Included projects.--
                  (A) Projects under title 23 and chapter 53 of 
                this title.--A metropolitan TIP for an area 
                shall include the projects within the area that 
                are proposed for funding under chapter 1 of 
                title 23 and chapter 53 of this title.
                  (B) Projects under chapter 2 of title 23.--
                          (i) Regionally significant 
                        projects.--Regionally significant 
                        projects proposed for funding under 
                        chapter 2 of title 23 shall be 
                        identified individually in the 
                        metropolitan TIP.
                          (ii) Other projects.--Projects 
                        proposed for funding under such chapter 
                        that are not determined to be 
                        regionally significant shall be grouped 
                        in one line item or identified 
                        individually in the metropolitan TIP.
                  (C) Consistency with long-range 
                transportation plan.--A project shall be 
                consistent with the metropolitan long-range 
                transportation plan for the area.
                  (D) Requirement of anticipated full 
                funding.--The program shall include a project, 
                or the identified phase of a project, only if 
                full funding can reasonably be anticipated to 
                be available for the project or the identified 
                phase within the time period contemplated for 
                completion of the project or the identified 
                phase.
                  (E) TIP modifications by governor.--
                          (i) In general.--Notwithstanding any 
                        other provisions of this section or 
                        section 5204, if a State and an MPO 
                        fail to agree on programming a project 
                        of statewide significance on the 
                        Interstate System (as defined in 
                        section 101(a) of title 23) into a 
                        metropolitan TIP, the Governor may 
                        modify the metropolitan TIP to add the 
                        project without approval or endorsement 
                        by the MPO.
                          (ii) Conforming amendments to 
                        metropolitan long-range transportation 
                        plan.--If the Governor modifies a 
                        metropolitan TIP under clause (i), the 
                        MPO shall amend its metropolitan long-
                        range transportation plan to be 
                        consistent with the modified 
                        metropolitan TIP.
          (4) Notice and comment.--Before approving a 
        metropolitan TIP, an MPO, in cooperation with the State 
        and any affected public transportation operator, shall 
        provide an opportunity for participation by interested 
        parties in the development of the program, in 
        accordance with subsection (g)(5).
          (5) Selection of projects.--
                  (A) In general.--Except as otherwise provided 
                in subsection (i)(4) and in addition to the 
                metropolitan TIP development required under 
                paragraph (1), the selection of federally 
                funded projects in metropolitan areas shall be 
                carried out from the approved metropolitan 
                TIP--
                          (i) by--
                                  (I) in the case of projects 
                                under title 23, the State; and
                                  (II) in the case of projects 
                                under chapter 53, the 
                                designated recipients of public 
                                transportation funding; and
                          (ii) in cooperation with the MPO.
                  (B) Modifications to project priority.--
                Notwithstanding any other provision of law, 
                action by the Secretary shall not be required 
                to advance a project included in the approved 
                metropolitan TIP in place of another project in 
                the program.
          (6) Selection of projects from illustrative list.--
                  (A) No required selection.--Notwithstanding 
                paragraph (2)(B)(iv), a State or MPO shall not 
                be required to select any project from the 
                illustrative list of additional projects 
                included in the financial plan under paragraph 
                (2)(B)(iv).
                  (B) Required action by the secretary.--Action 
                by the Secretary shall be required for a State 
                or MPO to select any project from the 
                illustrative list of additional projects 
                included in the financial plan under paragraph 
                (2)(B)(iv) for inclusion in an approved 
                metropolitan TIP.
          (7) Publication.--
                  (A) Publication of tips.--A metropolitan TIP 
                involving Federal participation shall be 
                published or otherwise made readily available, 
                including on the Internet, by the MPO for 
                public review.
                  (B) Publication of annual listings of 
                projects.--An annual listing of projects 
                (including investments in pedestrian walkways, 
                bicycle transportation facilities, and 
                intermodal facilities that support intercity 
                transportation) for which Federal funds have 
                been obligated in the preceding year shall be 
                published or otherwise made available, 
                including on the Internet, by the cooperative 
                effort of the State, public transportation 
                operator, and MPO for public review. The 
                listing shall be consistent with the categories 
                identified in the metropolitan TIP.
  (i) Transportation Management Areas.--
          (1) Identification and designation.--
                  (A) Required identification.--The Secretary 
                shall identify as a transportation management 
                area each urbanized area (as defined by the 
                Bureau of the Census) with a population of over 
                200,000 individuals.
                  (B) Designations on request.--The Secretary 
                shall designate any additional area as a 
                transportation management area on the request 
                of the Governor and the MPO designated for the 
                area.
          (2) Long-range transportation plans.--In a 
        transportation management area, metropolitan long-range 
        transportation plans shall be based on a continuing and 
        comprehensive transportation planning process carried 
        out by the MPO in cooperation with the State and public 
        transportation operators.
          (3) Congestion management process.--Within a 
        metropolitan planning area serving a transportation 
        management area, the transportation planning process 
        under this section shall address congestion management 
        through a process that provides for effective 
        management and operation, based on a cooperatively 
        developed and implemented metropolitan-wide strategy, 
        of new and existing transportation facilities eligible 
        for funding under title 23 and chapter 53 of this title 
        through the use of travel demand reduction, intelligent 
        transportation systems, and operational management 
        strategies. The Secretary shall establish an 
        appropriate phase-in schedule for compliance with the 
        requirements of this section but not sooner than 1 year 
        after the identification of a transportation management 
        area.
          (4) Selection of projects.--
                  (A) In general.--All federally funded 
                projects carried out within the boundaries of a 
                metropolitan planning area serving a 
                transportation management area under title 23 
                (excluding projects carried out on the National 
                Highway System under such title) or under 
                chapter 53 of this title shall be selected for 
                implementation from the approved metropolitan 
                TIP by the MPO designated for the area in 
                consultation with the State and any affected 
                public transportation operator.
                  (B) National highway system projects.--
                Projects carried out within the boundaries of a 
                metropolitan planning area serving a 
                transportation management area on the National 
                Highway System under title 23 shall be selected 
                for implementation from the approved 
                metropolitan TIP by the State in cooperation 
                with the MPO designated for the area.
          (5) Certification.--
                  (A) In general.--The Secretary shall--
                          (i) ensure that the metropolitan 
                        planning process of an MPO serving a 
                        transportation management area is being 
                        carried out in accordance with 
                        applicable provisions of Federal law; 
                        and
                          (ii) subject to subparagraph (B), 
                        certify, not less often than once every 
                        4 years, that the requirements of this 
                        paragraph are met with respect to the 
                        metropolitan planning process.
                  (B) Requirements for certification.--The 
                Secretary may make the certification under 
                subparagraph (A) if--
                          (i) the transportation planning 
                        process complies with the requirements 
                        of this section and other applicable 
                        requirements of Federal law; and
                          (ii) there is a metropolitan TIP for 
                        the metropolitan planning area that has 
                        been approved by the MPO and the 
                        Governor.
                  (C) Effect of failure to certify.--
                          (i) Withholding of project funds.--If 
                        the metropolitan planning process of an 
                        MPO serving a transportation management 
                        area is not certified, the Secretary 
                        may withhold up to 20 percent of the 
                        funds attributable to the metropolitan 
                        planning area of the MPO for projects 
                        funded under title 23 and chapter 53 of 
                        this title.
                          (ii) Restoration of withheld funds.--
                        The withheld funds shall be restored to 
                        the metropolitan planning area at such 
                        time as the metropolitan planning 
                        process is certified by the Secretary.
                  (D) Review of certification.--In making 
                certification determinations under this 
                paragraph, the Secretary shall provide for 
                public involvement appropriate to the 
                metropolitan area under review.
  (j) Abbreviated Plans for Certain Areas.--
          (1) In general.--Subject to paragraph (2), in the 
        case of a metropolitan area not designated as a 
        transportation management area under this section, the 
        Secretary may provide for the development of an 
        abbreviated metropolitan long-range transportation plan 
        and TIP for the metropolitan planning area that the 
        Secretary determines is appropriate to achieve the 
        purposes of this section, taking into account the 
        complexity of transportation problems in the area.
          (2) Nonattainment areas.--The Secretary may not 
        permit abbreviated plans or TIPs for a metropolitan 
        area that is in nonattainment for ozone or carbon 
        monoxide under the Clean Air Act.
  (k) Additional Requirements for Certain Nonattainment 
Areas.--
          (1) In general.--Notwithstanding any other provision 
        of title 23, this chapter, or chapter 53 of this title, 
        for transportation management areas classified as 
        nonattainment for ozone or carbon monoxide pursuant to 
        the Clean Air Act, Federal funds may not be advanced in 
        such area for any highway project that will result in a 
        significant increase in the carrying capacity for 
        single-occupant vehicles unless the project is 
        addressed through a congestion management process.
          (2) Applicability.--This subsection applies to a 
        nonattainment area within the metropolitan planning 
        area boundaries determined under subsection (c).
  (l) Limitation on Statutory Construction.--Nothing in this 
section may be construed to confer on an MPO the authority to 
impose legal requirements on any transportation facility, 
provider, or project not eligible under title 23 or chapter 53 
of this title.
  (m) Funding.--Funds set aside under section 104(f) of title 
23 or section 5305(g) of this title shall be available to carry 
out this section.
  (n) Continuation of Current Review Practice.--Since 
metropolitan long-range transportation plans and TIPs are 
subject to a reasonable opportunity for public comment, since 
individual projects included in such plans and TIPs are subject 
to review under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), and since decisions by the Secretary 
concerning such plans and TIPs have not been reviewed under 
that Act as of January 1, 1997, any decision by the Secretary 
concerning such plans and TIPs shall not be considered to be a 
Federal action subject to review under that Act.

Sec. 5204. Statewide transportation planning

  (a) General Requirements.--
          (1) Development of plans and programs.--To accomplish 
        the objectives stated in section 5201, a State shall 
        develop a statewide strategic long-range transportation 
        plan and a statewide transportation improvement program 
        for all areas of the State, subject to section 5203.
          (2) Contents.--Statewide strategic long-range 
        transportation plans and TIPs shall provide for the 
        development and integrated management and operation of 
        transportation systems and facilities (including 
        accessible pedestrian walkways, bicycle transportation 
        facilities, and intermodal facilities that support 
        intercity transportation, including intercity buses and 
        intercity bus facilities) that will function as an 
        intermodal transportation system for the State and an 
        integral part of an intermodal transportation system 
        for the United States.
          (3) Process of development.--The process for 
        developing statewide strategic long-range 
        transportation plans and TIPs shall provide for 
        consideration of all modes of transportation and the 
        policies stated in section 5201, and shall be 
        continuing, cooperative, and comprehensive to the 
        degree appropriate, based on the complexity of the 
        transportation problems to be addressed.
  (b) Coordination With Metropolitan Planning; State 
Implementation Plan.--A State shall--
          (1) coordinate planning carried out under this 
        section with the transportation planning activities 
        carried out under section 5203 for metropolitan areas 
        of the State and with statewide trade and economic 
        development planning activities and related multistate 
        planning efforts; and
          (2) develop the transportation portion of the State 
        implementation plan as required by the Clean Air Act 
        (42 U.S.C. 7401 et seq.).
  (c) Interstate Agreements.--
          (1) In general.--The consent of Congress is granted 
        to 2 or more States entering into agreements or 
        compacts, not in conflict with any law of the United 
        States, for cooperative efforts and mutual assistance 
        in support of activities authorized under this section 
        related to interstate areas and localities in the 
        States and establishing authorities the States consider 
        desirable for making the agreements and compacts 
        effective.
          (2) Reservation of rights.--The right to alter, 
        amend, or repeal interstate compacts entered into under 
        this subsection is expressly reserved.
  (d) Scope of Planning Process.--
          (1) In general.--A State shall carry out a statewide 
        transportation planning process that provides for 
        consideration and implementation of projects, 
        strategies, and services that will--
                  (A) support the economic vitality of the 
                United States, the States, nonmetropolitan 
                areas, and metropolitan areas, especially by 
                enabling global competitiveness, productivity, 
                and efficiency;
                  (B) increase the safety of the transportation 
                system for motorized and nonmotorized users;
                  (C) increase the security of the 
                transportation system for motorized and 
                nonmotorized users;
                  (D) increase the accessibility and mobility 
                of people and freight;
                  (E) protect and enhance the environment, 
                promote energy conservation, improve the 
                quality of life, and promote consistency 
                between transportation improvements and State 
                and local planned growth and economic 
                development patterns;
                  (F) enhance the integration and connectivity 
                of the transportation system, across and 
                between modes throughout the State, for people 
                and freight;
                  (G) promote efficient system management and 
                operation, including through the use of 
                intelligent transportation systems; and
                  (H) emphasize the preservation of the 
                existing transportation system.
          (2) Failure to consider factors.--The failure to 
        consider any factor specified in paragraph (1) shall 
        not be reviewable by any court under title 23, chapter 
        53 of this title, subchapter II of chapter 5 of title 
        5, or chapter 7 of title 5 in any matter affecting a 
        statewide strategic long-range transportation plan or 
        TIP, a project or strategy, or the certification of a 
        planning process.
  (e) Additional Requirements.--In carrying out planning under 
this section, a State shall, at a minimum--
          (1) with respect to nonmetropolitan areas, cooperate 
        with affected nonmetropolitan local officials or, if 
        applicable, through regional transportation planning 
        organizations described in subsection (k);
          (2) consider the concerns of Indian tribal 
        governments and Federal land management agencies that 
        have jurisdiction over land within the boundaries of 
        the State; and
          (3) coordinate statewide long-range transportation 
        plans and TIPs and planning activities with related 
        planning activities being carried out outside of 
        metropolitan planning areas and between States.
  (f) Statewide Strategic Long-Range Transportation Plan.--
          (1) Development.--
                  (A) In general.--A State shall develop a 
                statewide strategic long-range transportation 
                plan, with a minimum 20-year forecast period 
                for all areas of the State, that provides for 
                the development and implementation of the 
                intermodal interconnected transportation system 
                of the State.
                  (B) Statewide strategic long-range 
                transportation plan requirements.--
                          (i) National transportation 
                        statistics.--In developing a statewide 
                        strategic long-range transportation 
                        plan, the State shall consider the data 
                        and factors disseminated by the 
                        Secretary pursuant to section 5205(b) 
                        for that particular State.
                          (ii) Transportation projects that are 
                        of statewide, regional, and national 
                        importance.--The State shall identify 
                        transportation projects across all 
                        modes of transportation in the State 
                        that have statewide, regional, and 
                        national significance. In identifying 
                        these projects, the State shall 
                        consider the factors described in 
                        section 5205(b).
                          (iii) States with congested 
                        airports.--If a State has an airport in 
                        its jurisdiction that had at least 1 
                        percent of all delayed aircraft 
                        operations in the United States, as 
                        identified by the Federal Aviation 
                        Administration's Airport Capacity 
                        Benchmark Report, the statewide 
                        strategic long-range transportation 
                        plan shall include measures to 
                        alleviate congestion at that airport 
                        either through expansion or the 
                        development of additional facilities.
                          (iv) States with congested freight 
                        rail corridors.--If data from the 
                        Department of Transportation and the 
                        freight railroad industry project that 
                        a State has freight railroad corridors 
                        that operate at levels of service that 
                        are at or exceed capacity, the 
                        statewide strategic long-range 
                        transportation plan shall include 
                        measures by which the State department 
                        of transportation and the freight 
                        railroads provide relief for the 
                        congested corridors.
                          (v) States with deep draft ports.--If 
                        a State has a deep draft port, the 
                        statewide strategic long-range 
                        transportation plan shall take into 
                        account any plan for expansion at that 
                        port and any projected increase in 
                        shipping traffic at that port.
                          (vi) States with navigable inland 
                        waterways.--A State that has navigable 
                        inland waterways shall include in its 
                        statewide strategic long-range 
                        transportation plan any plans to use 
                        those waterways to facilitate the 
                        efficient and reliable transportation 
                        of freight and people.
                          (vii) Project interconnectivity.--In 
                        developing a statewide strategic long-
                        range transportation plan, the State 
                        shall ensure interconnectivity for 
                        freight and passengers between 
                        different facilities and between 
                        different modes of transportation.
                          (viii) Cost estimates for projects 
                        that are of statewide, regional, and 
                        national importance.--In developing the 
                        statewide strategic long-range 
                        transportation plan, the State shall 
                        include estimates of the costs of each 
                        of the projects identified in clause 
                        (ii).
          (2) Consultation with governments.--
                  (A) Metropolitan areas.--The statewide 
                strategic long-range transportation plan shall 
                be developed for each metropolitan area in the 
                State in cooperation with the metropolitan 
                planning organization designated for the 
                metropolitan area under section 5203.
                  (B) Nonmetropolitan areas.--With respect to 
                nonmetropolitan areas, the statewide strategic 
                long-range transportation plan shall be 
                developed in cooperation with affected 
                nonmetropolitan local officials or, if 
                applicable, through regional transportation 
                planning organizations described in subsection 
                (k).
                  (C) Indian tribal areas.--With respect to an 
                area of the State under the jurisdiction of an 
                Indian tribal government, the statewide 
                strategic long-range transportation plan shall 
                be developed in consultation with the tribal 
                government and the Secretary of the Interior.
                  (D) Consultation; comparisons.--
                          (i) Consultation.--A statewide 
                        strategic long-range transportation 
                        plan shall be developed, as 
                        appropriate, in consultation with 
                        State, tribal, regional, and local 
                        agencies responsible for land use 
                        management, natural resources, 
                        environmental protection, conservation, 
                        and historic preservation.
                          (ii) Comparisons.--Consultation under 
                        clause (i) shall involve, as 
                        appropriate, comparison of statewide 
                        strategic long-range transportation 
                        plans--
                                  (I) to State and tribal 
                                conservation plans and maps, if 
                                available; and
                                  (II) to inventories of 
                                natural and historic resources, 
                                if available.
          (3) Participation by interested parties.--
                  (A) In general.--The State shall provide 
                citizens, affected public agencies, 
                representatives of public transportation 
                employees, freight shippers, providers of 
                freight transportation services, private 
                providers of transportation, including 
                intercity bus services, representatives of 
                users of public transportation, representatives 
                of users of pedestrian walkways and bicycle 
                transportation facilities, representatives of 
                the disabled, and other interested parties with 
                a reasonable opportunity to comment on the 
                statewide strategic long-range transportation 
                plan.
                  (B) Methods.--In carrying out subparagraph 
                (A), the State shall, to the maximum extent 
                practicable--
                          (i) hold any public meetings at 
                        convenient and accessible locations and 
                        times;
                          (ii) employ visualization techniques 
                        to describe plans; and
                          (iii) make public information 
                        available in electronically accessible 
                        format and means, such as the Internet, 
                        as appropriate to afford a reasonable 
                        opportunity for consideration of public 
                        information under subparagraph (A).
          (4) Mitigation activities.--
                  (A) In general.--A statewide strategic long-
                range transportation plan shall include a 
                discussion of potential environmental 
                mitigation activities and potential areas to 
                carry out these activities, including 
                activities that may have the greatest potential 
                to restore and maintain the environmental 
                functions affected by the plan.
                  (B) Consultation.--The discussion shall be 
                developed in consultation with Federal, State, 
                and tribal wildlife, land management, and 
                regulatory agencies.
          (5) Financial plan.--The statewide strategic long-
        range transportation plan may include a financial plan 
        that--
                  (A) demonstrates how the adopted statewide 
                strategic long-range transportation plan can be 
                implemented;
                  (B) indicates resources from public and 
                private sources that are reasonably expected to 
                be made available to carry out the statewide 
                strategic long-range transportation plan;
                  (C) recommends any additional financing 
                strategies for needed projects and programs; 
                and
                  (D) may include, for illustrative purposes, 
                additional projects that would be included in 
                the adopted statewide strategic long-range 
                transportation plan if reasonable additional 
                resources beyond those identified in the 
                financial plan were available.
          (6) Selection of projects from illustrative list.--A 
        State shall not be required to select any project from 
        the illustrative list of additional projects included 
        in the financial plan described in paragraph (5).
          (7) Existing system.--A statewide strategic long-
        range transportation plan should include capital, 
        operations, and management strategies, investments, 
        procedures, and other measures to ensure the 
        preservation and most efficient use of the existing 
        transportation system.
          (8) Intercity bus.--A statewide strategic long-range 
        transportation plan shall consider the role intercity 
        buses may play in reducing congestion, pollution, and 
        energy consumption in a cost-effective manner and 
        strategies and investments that preserve and enhance 
        intercity bus systems, including systems that are 
        privately owned and operated.
          (9) Publication of statewide strategic long-range 
        transportation plans.--A statewide strategic long-range 
        transportation plan prepared by a State shall be 
        published or otherwise made available, including to the 
        maximum extent practicable in electronically accessible 
        formats and means, such as the Internet.
  (g) Statewide TIP.--
          (1) Development.--A State shall develop a statewide 
        TIP for all areas of the State. Such program shall 
        cover a period of 4 years and be updated every 4 years 
        or more frequently if the Governor elects to update 
        more frequently.
          (2) Consultation with governments.--
                  (A) Metropolitan areas.--With respect to a 
                metropolitan area in the State, the program 
                shall be developed in cooperation with the MPO 
                designated for the metropolitan area under 
                section 5203.
                  (B) Nonmetropolitan areas.--With respect to a 
                nonmetropolitan area in the State, the program 
                shall be developed in cooperation with affected 
                nonmetropolitan local officials or, if 
                applicable, through regional transportation 
                planning organizations described in subsection 
                (k).
                  (C) Indian tribal areas.--With respect to an 
                area of the State under the jurisdiction of an 
                Indian tribal government, the program shall be 
                developed in consultation with the tribal 
                government and the Secretary of the Interior.
          (3) Participation by interested parties.--In 
        developing the program, the State shall provide 
        citizens, affected public agencies, representatives of 
        public transportation employees, freight shippers, 
        private providers of transportation, providers of 
        freight transportation services, representatives of 
        users of public transportation, representatives of 
        users of pedestrian walkways and bicycle transportation 
        facilities, representatives of the disabled, and other 
        interested parties with a reasonable opportunity to 
        comment on the proposed program.
          (4) Included projects.--
                  (A) In general.--A statewide TIP developed 
                for a State shall include federally supported 
                surface transportation expenditures within the 
                boundaries of the State.
                  (B) Listing of projects.--An annual listing 
                of projects for which funds have been obligated 
                in the preceding year in each metropolitan 
                planning area shall be published or otherwise 
                made available by the cooperative effort of the 
                State, public transportation operator, and the 
                MPO for public review. The listing shall be 
                consistent with the funding categories 
                identified in each metropolitan TIP.
                  (C) Projects under chapter 2 of title 23.--
                          (i) Regionally significant 
                        projects.--Regionally significant 
                        projects proposed for funding under 
                        chapter 2 of title 23 shall be 
                        identified individually in the 
                        statewide TIP.
                          (ii) Other projects.--Projects 
                        proposed for funding under such chapter 
                        that are not determined to be 
                        regionally significant shall be grouped 
                        in one line item or identified 
                        individually in the statewide TIP.
                  (D) Consistency with statewide strategic 
                long-range transportation plan.--A project 
                shall be--
                          (i) consistent with the statewide 
                        strategic long-range transportation 
                        plan developed under this section for 
                        the State;
                          (ii) identical to the project or 
                        phase of the project as described in an 
                        approved metropolitan long-range 
                        transportation plan;
                          (iii) identical to the project or 
                        phase of the project as described in a 
                        metropolitan TIP approved by the 
                        Governor; and
                          (iv) in conformance with the 
                        applicable State air quality 
                        implementation plan developed under the 
                        Clean Air Act, if the project is 
                        carried out in an area designated as 
                        nonattainment for ozone, particulate 
                        matter, or carbon monoxide under that 
                        Act.
                  (E) Requirement of anticipated full 
                funding.--The statewide TIP shall include a 
                project, or the identified phase of a project, 
                only if full funding can reasonably be 
                anticipated to be available for the project or 
                the identified phase within the time period 
                contemplated for completion of the project or 
                the identified phase.
                  (F) Financial plan.--The statewide TIP may 
                include a financial plan that--
                          (i) demonstrates how the approved 
                        statewide TIP can be implemented;
                          (ii) indicates resources from public 
                        and private sources that are reasonably 
                        expected to be made available to carry 
                        out the statewide TIP;
                          (iii) recommends any additional 
                        financing strategies for needed 
                        projects and programs; and
                          (iv) may include, for illustrative 
                        purposes, additional projects that 
                        would be included in the adopted 
                        statewide TIP if reasonable additional 
                        resources beyond those identified in 
                        the financial plan were available.
                  (G) Selection of projects from illustrative 
                list.--
                          (i) No required selection.--
                        Notwithstanding subparagraph (F), a 
                        State shall not be required to select 
                        any project from the illustrative list 
                        of additional projects included in the 
                        financial plan under subparagraph (F).
                          (ii) Required action by the 
                        secretary.--An action by the Secretary 
                        shall be required for a State to select 
                        any project from the illustrative list 
                        of additional projects included in the 
                        financial plan under subparagraph (F) 
                        for inclusion in an approved statewide 
                        TIP.
                  (H) Priorities.--The statewide TIP shall 
                reflect the priorities for programming and 
                expenditures of funds required by title 23, 
                this chapter, and chapter 53 of this title.
          (5) Project selection for areas without mpos.--
                  (A) In general.--Except as provided by 
                subparagraph (B), projects carried out in areas 
                without a designated MPO shall be selected from 
                the approved statewide TIP by the State in 
                cooperation with affected nonmetropolitan local 
                officials or, if applicable, through regional 
                transportation planning organizations described 
                in subsection (k).
                  (B) NHS projects.--Projects carried out on 
                the National Highway System under title 23 or 
                under sections 5311 and 5317 of this title in 
                areas without a designated MPO shall be 
                selected from the approved statewide TIP by the 
                State in consultation with affected 
                nonmetropolitan local officials.
          (6) TIP approval.--Every 4 years, a statewide TIP 
        shall be reviewed and approved by the Secretary if 
        based on a current planning finding.
          (7) Planning finding.--A finding shall be made by the 
        Secretary at least once every 4 years that the 
        transportation planning process through which statewide 
        strategic long-range transportation plans and TIPs are 
        developed is consistent with this section and section 
        5203.
          (8) Modifications to project priority.--
        Notwithstanding any other provision of law, action by 
        the Secretary shall not be required to advance a 
        project included in the approved statewide TIP in place 
        of another project in the program.
  (h) Funding.--Funds set aside pursuant to sections 104(f) and 
505 of title 23 and section 5305(g) of this title shall be 
available to carry out this section.
  (i) Treatment of Certain State Laws as Congestion Management 
Processes.--For purposes of this section and section 5203, 
State laws, rules, or regulations pertaining to congestion 
management systems or programs may constitute the congestion 
management process under this section and section 5203 if the 
Secretary finds that the State laws, rules, or regulations are 
consistent with, and fulfill the intent of, the purposes of 
this section and section 5203, as appropriate.
  (j) Continuation of Current Review Practice.--Since statewide 
strategic long-range transportation plans and TIPs are subject 
to a reasonable opportunity for public comment, individual 
projects included in such plans and TIPs are subject to review 
under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), and decisions by the Secretary concerning such 
plans and TIPs have not been reviewed under that Act as of 
January 1, 1997, any decision by the Secretary concerning such 
plans and TIPS shall not be considered to be a Federal action 
subject to review under that Act.
  (k) Designation of Regional Transportation Planning 
Organizations.--
          (1) In general.--To carry out the transportation 
        planning process required by this section, a State may 
        establish and designate regional transportation 
        planning organizations to enhance the planning, 
        coordination, and implementation of statewide strategic 
        long-range transportation plans and TIPs, with an 
        emphasis on addressing the needs of nonmetropolitan 
        areas of the State.
          (2) Structure.--A regional transportation planning 
        organization shall be established as a multi-
        jurisdictional organization of volunteers from 
        nonmetropolitan local officials or their designees and 
        representatives of local transportation systems.
          (3) Requirements.--A regional transportation planning 
        organization shall establish, at a minimum--
                  (A) a policy committee, the majority of which 
                shall consist of nonmetropolitan local 
                officials, or their designees, and which shall 
                also include, as appropriate, additional 
                representatives from the State, private 
                business, transportation service providers, 
                economic development practitioners, and the 
                public in the region; and
                  (B) a fiscal and administrative agent, such 
                as an existing regional planning and 
                development organization, to provide 
                professional planning, management, and 
                administrative support.
          (4) Duties.--The duties of a regional transportation 
        planning organization shall include--
                  (A) developing and maintaining, in 
                cooperation with the State, regional long-range 
                multimodal transportation plans;
                  (B) developing a regional transportation 
                improvement program for consideration by the 
                State;
                  (C) fostering the coordination of local 
                planning, land use, and economic development 
                plans with State, regional, and local 
                transportation plans and programs;
                  (D) providing technical assistance to local 
                officials;
                  (E) participating in national, multistate, 
                and State policy and planning development 
                processes to ensure the regional and local 
                input of nonmetropolitan areas;
                  (F) providing a forum for public 
                participation in the statewide and regional 
                transportation planning processes;
                  (G) considering and sharing plans and 
                programs with neighboring regional 
                transportation planning organizations, MPOs, 
                and, where appropriate, tribal organizations; 
                and
                  (H) conducting other duties, as necessary, to 
                support and enhance the statewide planning 
                process under subsection (d).
          (5) States without regional transportation planning 
        organizations.--If a State chooses not to establish or 
        designate a regional transportation planning 
        organization, the State shall consult with affected 
        nonmetropolitan local officials to determine projects 
        that may be of regional significance.

Sec. 5205. National strategic transportation plan

  (a) Development of National Strategic Transportation Plan.--
          (1) Development of plan.--
                  (A) In general.--The Secretary, in 
                consultation with State departments of 
                transportation, shall develop a national 
                strategic transportation plan (in this section 
                referred to as the ``national plan'') in 
                accordance with the requirements of this 
                section.
                  (B) Solicitation.--Not later than 30 days 
                after the date of enactment of this section, 
                the Secretary shall publish in the Federal 
                Register a solicitation requesting each State 
                department of transportation to submit to the 
                Secretary, not later than 90 days after such 
                date of enactment, a list of projects that the 
                State recommends for inclusion in the national 
                plan.
                  (C) State selection of projects.--In 
                selecting projects under subparagraph (B), a 
                State department of transportation shall 
                consider the elements of the national plan 
                described in paragraph (2).
                  (D) Failure to submit recommendations.--If a 
                State does not submit a list of recommended 
                projects in accordance with this paragraph, the 
                Secretary shall select projects in the State 
                that will be considered for inclusion in the 
                national plan.
                  (E) Selection of projects.--Not later than 60 
                days after the date on which the Secretary 
                receives a list of recommended projects from a 
                State department of transportation under this 
                paragraph, the Secretary shall review the list 
                and select projects from the list for inclusion 
                in the national plan.
                  (F) Basis for selection.--In selecting 
                projects for inclusion in the national plan, 
                the Secretary shall consider, at a minimum--
                          (i) the projects recommended by State 
                        departments of transportation under 
                        this paragraph;
                          (ii) the ability of projects to 
                        improve mobility by increasing 
                        transportation options for passengers 
                        and freight;
                          (iii) the degree to which projects 
                        create intermodal links between 
                        different modes of transportation, 
                        including passenger and freight rail, 
                        public transportation, intercity bus, 
                        airports, seaports, and navigable 
                        inland waterways; and
                          (iv) the ability of projects to 
                        generate national economic benefits, 
                        including--
                                  (I) improvements to economic 
                                productivity through congestion 
                                relief; and
                                  (II) improvements to 
                                passenger and freight movement.
          (2) Elements of national plan.--
                  (A) Role of statewide strategic long-range 
                transportation plans.--The national plan shall 
                be modeled after the statewide strategic long-
                range transportation plans developed under 
                section 5204(f).
                  (B) National and regional transportation 
                projects.--Giving emphasis to the facilities 
                that serve important national and regional 
                transportation functions, the national plan 
                shall include an identification of 
                transportation projects (including major 
                roadways, public transportation facilities, 
                intercity bus facilities, multimodal and 
                intermodal facilities, and intermodal 
                connectors) that facilitate the development 
                of--
                          (i) a national transportation system; 
                        and
                          (ii) an integrated regional 
                        transportation system.
                  (C) Interconnectivity between states and 
                regions.--The national plan shall ensure a 
                level of interconnectivity among transportation 
                facilities and strategies at State and regional 
                borders.
                  (D) Identification of potential high-speed 
                intercity rail corridors and shipping routes.--
                In developing the national plan, the Secretary, 
                in consultation with State departments of 
                transportation, shall identify potential high-
                speed passenger rail projects and potential 
                short seas shipping routes.
                  (E) Intercity bus network.--The national plan 
                shall identify projects to preserve and expand 
                the Nation's intercity bus network and provide 
                interconnectivity to other forms of intercity 
                and local transportation.
                  (F) Aerotropolis transportation systems.--The 
                national plan shall identify aerotropolis 
                transportation systems that will enhance 
                economic competitiveness and exports in the 
                United States by providing efficient, cost-
                effective, sustainable, and intermodal 
                connectivity to a defined region of economic 
                significance for freight and passenger 
                transportation.
                  (G) Cost estimates for projects.--In 
                developing the national plan, the Secretary 
                shall include estimates of the costs of each of 
                the projects and strategies identified in the 
                national plan and a total cost of all of the 
                projects and strategies identified in the 
                national plan.
          (3) Issuance and updating of national plan.--
                  (A) Issuance.--Not later than April 30, 2014, 
                the Secretary shall submit to the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives and the Committee on 
                Environment and Public Works, the Committee on 
                Banking, Housing, and Urban Affairs, and the 
                Committee on Commerce, Science, and 
                Transportation of the Senate the national plan 
                developed under this section.
                  (B) Updates.--At least once every 2 years 
                after the date of submission of the national 
                plan under subparagraph (A), the Secretary--
                          (i) in consultation with State 
                        departments of transportation, shall 
                        update the national plan; and
                          (ii) shall submit the updated 
                        national plan to the committees 
                        referred to in subparagraph (A).
  (b) Dissemination of Transportation Data and Statistics for 
Development of Strategic Long-Range Transportation Plans.--
          (1) In general.--The Secretary shall develop, and 
        disseminate to the States, relevant long-range 
        transportation data and statistics that a State or the 
        Secretary, as the case may be, shall use in the 
        development of statewide, regional, and national 
        strategic long-range transportation plans.
          (2) Types of transportation data and statistics to be 
        developed.--The data and statistics referred to in 
        paragraph (1) shall include, at a minimum, 20-year 
        projections--
                  (A) of population growth in each State;
                  (B) from the Department of Transportation's 
                Freight Analysis Framework (referred to in this 
                paragraph as ``FAF''), including projections 
                for annual average daily truck flow on specific 
                highway routes;
                  (C) from the Department of Transportation's 
                Highway Performance Monitoring System (referred 
                to in this paragraph as ``HPMS'') of estimated 
                peak period congestion on major highway routes 
                or segments of routes and in metropolitan 
                areas;
                  (D) from HPMS and FAF of estimated traffic 
                volumes on segments of highway that are 
                projected to be classified as moderately or 
                highly congested;
                  (E) from HPMS and FAF for highway 
                bottlenecks;
                  (F) of public transportation use in urbanized 
                areas, including for each urbanized area a 
                comparison of estimated ridership growth and 
                estimated public transportation revenue vehicle 
                miles to available system capacity and current 
                service levels;
                  (G) of aviation passenger enplanements and 
                cargo ton miles flown;
                  (H) of increases in unmanned aerial system 
                and general aviation active aircraft and hours 
                flown;
                  (I) of capacity-constrained airports and 
                congested air traffic routes;
                  (J) of passenger demand for suborbital space 
                tourism;
                  (K) of demand on major freight rail lines;
                  (L) of shipping traffic at United States 
                ports; and
                  (M) of intercity bus and passenger rail 
                ridership demand.

Sec. 5206. National performance management system

  (a) Establishment of National Performance Management 
System.--
          (1) Establishment.--The Secretary shall establish a 
        national performance management system to track the 
        Nation's progress toward broad national performance 
        goals for the Nation's highway and public 
        transportation systems.
          (2) Components.--The National Performance Management 
        System shall include the following components:
                  (A) A national performance management goal.
                  (B) Core performance measures.
                  (C) Technical guidance.
                  (D) A State performance management process, 
                including--
                          (i) performance targets;
                          (ii) strategies; and
                          (iii) reporting requirements.
  (b) National Performance Management Goal.--
          (1) Establishment.--The Secretary shall establish, in 
        broad qualitative terms, a national performance 
        management goal for the Nation's highway and public 
        transportation systems to ensure economic growth, 
        safety improvement, and increased mobility.
          (2) Consistency with national strategic 
        transportation plan.--The national strategic 
        transportation plan, to the greatest extent 
        practicable, shall be consistent with the national 
        performance management goal.
  (c) Core Performance Measures.--
          (1) Establishment.--Not later than 2 years after the 
        date of enactment of this section, the Secretary, in 
        collaboration with the States, metropolitan planning 
        organizations, and public transportation agencies 
        through the process described in paragraph (4) shall 
        establish core performance measures.
          (2) Implementation.--A State shall be required to 
        implement the core performance measures as part of the 
        State's performance management process established in 
        subsection (e).
          (3) Categories.--The core performance measures shall 
        include not more than 2 measures from each of the 
        following categories:
                  (A) Pavement condition on the National 
                Highway System.
                  (B) Bridge condition on the National Highway 
                System.
                  (C) Highway and motor carrier safety.
                  (D) Highway safety infrastructure asset 
                management.
                  (E) Bike and pedestrian safety.
                  (F) Highway congestion.
                  (G) Air emissions and energy consumption.
                  (H) Freight mobility.
                  (I) Public transportation state of good 
                repair.
                  (J) Public transportation service 
                availability.
                  (K) Rural connectivity.
          (4) Process.--The core performance measures shall be 
        established under the following process:
                  (A) At any time after the date of enactment 
                of this section, the State departments of 
                transportation (in consultation with 
                metropolitan planning organizations and public 
                transportation agencies), acting through their 
                national organization, may jointly submit to 
                the Secretary a complete set of recommended 
                core performance measures for use in statewide 
                transportation planning.
                  (B) The Secretary shall give substantial 
                weight to the recommendations submitted by the 
                State departments of transportation, if such 
                recommendations are submitted not later than 18 
                months after enactment of this section.
                  (C) After consultation with the State 
                departments of transportation regarding the 
                recommendations, the Secretary shall issue a 
                notice in the Federal Register announcing the 
                Secretary's proposed set of core performance 
                measures and providing an opportunity for 
                comment.
                  (D) After considering any comments, the 
                Secretary shall publish a notice in the Federal 
                Register not later than 2 years after the date 
                of enactment of this section announcing the 
                final set of core performance measures.
  (d) Technical Guidance.--
          (1) In general.--Not later than 6 months after the 
        Secretary publishes the final set of core performance 
        measures in the Federal Register under subsection 
        (c)(4)(D), the Secretary shall issue technical 
        guidance, including a uniform methodology for 
        collecting data, for use by the States in applying the 
        core performance measures.
          (2) Development.--The Secretary shall--
                  (A) develop the technical guidance in 
                collaboration with the State departments of 
                transportation;
                  (B) give substantial weight to any 
                recommendations submitted by the State 
                departments of transportation through their 
                national organization, if such recommendations 
                are submitted not later than 3 months after the 
                Secretary publishes the final set of core 
                performance measures in the Federal Register 
                under subsection (c)(4)(D); and
                  (C) provide a reasonable opportunity for 
                State departments of transportation to comment 
                on the technical guidance before it is issued.
  (e) State Performance Management Process.--
          (1) Establishment of performance targets.--
                  (A) Initial targets.--Not later than 1 year 
                after the Secretary publishes the final set of 
                core performance measures in the Federal 
                Register under subsection (c)(4)(D), a State 
                shall amend its statewide strategic long-range 
                transportation plan to include a target level 
                of performance for each of the core performance 
                measures.
                  (B) Revisions to targets.--A State may revise 
                its performance targets for the core 
                performance measures at any time by amending 
                its statewide strategic long-range 
                transportation plan and resubmitting the plan 
                to the Secretary.
          (2) Reporting requirements.--
                  (A) In general.--In order to improve the 
                outcomes of the transportation planning 
                process, the States shall implement a national 
                performance reporting process in accordance 
                with subparagraphs (B) and (C).
                  (B) Baseline report.--Not later than 6 months 
                after adopting its initial performance targets 
                for the core performance measures pursuant to 
                paragraph (1)(A), a State shall publish a 
                baseline report including data from the most 
                recent year for which data is available for the 
                full set of core performance measures.
                  (C) Annual progress reports.--Not later than 
                18 months after publication of the baseline 
                report, and annually thereafter, a State shall 
                publish a report documenting the progress that 
                the State has made in meeting its performance 
                targets for the core performance measures.

                   CHAPTER 53--PUBLIC TRANSPORTATION

Sec.
5301. Policies, findings, and purposes.
     * * * * * * *
[5308.Clean fuels grant program.
[5309. Capital investment grants.
[5310. Formula grants for special needs of elderly individuals and 
          individuals with disabilities.
[5311. Formula grants for other than urbanized areas.
[5312. Research, development, demonstration, and deployment projects.
[5313.  Transit cooperative research program.
[5314.  National research programs.
[5315.  National transit institute.
[5316.  Job access and reverse commute formula grants.
[5317. New freedom program.]
5309. Capital investment grants.
5310. Bus and bus facilities formula grants.
5311. Rural area formula grants.
5312. Transit research.
     * * * * * * *
5317. Coordinated access and mobility program formula grants.
     * * * * * * *
[5320.  Alternative transportation in parks and public lands.]
     * * * * * * *
[5322. Human resource programs.]
5322. Training and technical assistance programs.
     * * * * * * *
5326. Private sector participation.
     * * * * * * *
[5337. Apportionment based on fixed guideway factors.]
5337. Fixed guideway modernization program.
     * * * * * * *
[5339.Alternatives analysis program.
[5340.Apportionments based on growing States and high density States 
          formula factors.]

           *       *       *       *       *       *       *

Sec. 5302. Definitions

  (a) In General.--Except as otherwise specifically provided, 
in this chapter, the following definitions apply:
          (1) Capital project.--The term ``capital project'' 
        means a project for--
                  (A) * * *

           *       *       *       *       *       *       *

                  (I) the provision of nonfixed route 
                paratransit transportation services in 
                accordance with section 223 of the Americans 
                with Disabilities Act of 1990 (42 U.S.C. 
                12143), but only for grant recipients that are 
                in compliance with applicable requirements of 
                that Act, including both fixed route and demand 
                responsive service, and only for amounts not to 
                exceed [10 percent] 15 percent of such 
                recipient's annual formula apportionment under 
                sections 5307 and 5311;

           *       *       *       *       *       *       *

          (12) Rural area.--The term ``rural area'' means an 
        area encompassing a population of less than 50,000 
        people that has not been designated in the most recent 
        decennial census as an ``urbanized area'' by the 
        Secretary of Commerce.
          [(12)] (13) Secretary.--The term ``Secretary'' means 
        the Secretary of Transportation.
          [(13)] (14) State.--The term ``State'' means a State 
        of the United States, the District of Columbia, Puerto 
        Rico, the Northern Mariana Islands, Guam, American 
        Samoa, and the Virgin Islands.
          [(14)] (15) Transit.--The term ``transit'' means 
        public transportation.
          [(15)] (16) Transit enhancement.--The term ``transit 
        enhancement'' means, with respect to any project or an 
        area to be served by a project, projects that are 
        designed to enhance public transportation service or 
        use and that are physically or functionally related to 
        transit facilities. Eligible projects are--
                  (A) * * *

           *       *       *       *       *       *       *

          [(16)] (17) Urban area.--The term ``urban area'' 
        means an area that includes a municipality or other 
        built-up place that the Secretary, after considering 
        local patterns and trends of urban growth, decides is 
        appropriate for a local public transportation system to 
        serve individuals in the locality.
          [(17)] (18) Urbanized area.--The term ``urbanized 
        area'' means an area encompassing a population of not 
        less than 50,000 people that has been defined and 
        designated in the most recent decennial census as an 
        ``urbanized area'' by the Secretary of Commerce.

           *       *       *       *       *       *       *

[Sec. 5303. Metropolitan transportation planning

  [(a) Policy.--It is in the national interest to--
          [(1) encourage and promote the safe and efficient 
        management, operation, and development of surface 
        transportation systems that will serve the mobility 
        needs of people and freight and foster economic growth 
        and development within and between States and urbanized 
        areas, while minimizing transportation-related fuel 
        consumption and air pollution through metropolitan and 
        statewide transportation planning processes identified 
        in this chapter; and
          [(2) encourage the continued improvement and 
        evolution of the metropolitan and statewide 
        transportation planning processes by metropolitan 
        planning organizations, State departments of 
        transportation, and public transit operators as guided 
        by the planning factors identified in subsection (h) 
        and section 5304(d).
  [(b) Definitions.--In this section and section 5304, the 
following definitions apply:
          [(1) Metropolitan planning area.--The term 
        ``metropolitan planning area'' means the geographic 
        area determined by agreement between the metropolitan 
        planning organization for the area and the Governor 
        under subsection (e).
          [(2) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' means the policy 
        board of an organization created as a result of the 
        designation process in subsection (d).
          [(3) Nonmetropolitan area.--The term 
        ``nonmetropolitan area'' means a geographic area 
        outside a designated metropolitan planning area.
          [(4) Nonmetropolitan local official.--The term 
        ``nonmetropolitan local official'' means elected and 
        appointed officials of general purpose local government 
        in a nonmetropolitan area with responsibility for 
        transportation.
          [(5) TIP.--The term ``TIP'' means a transportation 
        improvement program developed by a metropolitan 
        planning organization under subsection (j).
          [(6) Urbanized area.--The term ``urbanized area'' 
        means a geographic area with a population of 50,000 or 
        more, as designated by the Bureau of the Census.
  [(c) General Requirements.--
          [(1) Development of long-range plans and TIPS.--To 
        accomplish the objectives in subsection (a), 
        metropolitan planning organizations designated under 
        subsection (d), in cooperation with the State and 
        public transportation operators, shall develop long- 
        range transportation plans and transportation 
        improvement programs for metropolitan planning areas of 
        the State.
          [(2) Contents.--The plans and TIPs for each 
        metropolitan area shall provide for the development and 
        integrated management and operation of transportation 
        systems and facilities (including accessible pedestrian 
        walkways and bicycle transportation facilities) that 
        will function as an intermodal transportation system 
        for the metropolitan planning area and as an integral 
        part of an intermodal transportation system for the 
        State and the United States.
          [(3) Process of development.--The process for 
        developing the plans and TIPs shall provide for 
        consideration of all modes of transportation and shall 
        be continuing, cooperative, and comprehensive to the 
        degree appropriate, based on the complexity of the 
        transportation problems to be addressed.
  [(d) Designation of Metropolitan Planning Organizations.--
          [(1) In general.--To carry out the transportation 
        planning process required by this section, a 
        metropolitan planning organization shall be designated 
        for each urbanized area with a population of more than 
        50,000 individuals--
                  [(A) by agreement between the Governor and 
                units of general purpose local government that 
                together represent at least 75 percent of the 
                affected population (including the largest 
                incorporated city (based on population) as 
                named by the Bureau of the Census); or
                  [(B) in accordance with procedures 
                established by applicable State or local law.
          [(2) Structure.--Each metropolitan planning 
        organization that serves an area designated as a 
        transportation management area, when designated or 
        redesignated under this subsection, shall consist of--
                  [(A) local elected officials;
                  [(B) officials of public agencies that 
                administer or operate major modes of 
                transportation in the metropolitan area; and
                  [(C) appropriate State officials.
          [(3) Limitation on statutory construction.--Nothing 
        in this subsection shall be construed to interfere with 
        the authority, under any State law in effect on 
        December 18, 1991, of a public agency with multimodal 
        transportation responsibilities to--
                  [(A) develop the plans and TIPs for adoption 
                by a metropolitan planning organization; and
                  [(B) develop long-range capital plans, 
                coordinate transit services and projects, and 
                carry out other activities pursuant to State 
                law.
          [(4) Continuing designation.--A designation of a 
        metropolitan planning organization under this 
        subsection or any other provision of law shall remain 
        in effect until the metropolitan planning organization 
        is redesignated under paragraph (5).
          [(5) Redesignation procedures.--A metropolitan 
        planning organization may be redesignated by agreement 
        between the Governor and units of general purpose local 
        government that together represent at least 75 percent 
        of the existing planning area population (including the 
        largest incorporated city (based on population) as 
        named by the Bureau of the Census) as appropriate to 
        carry out this section.
          [(6) Designation of more than one metropolitan 
        planning organization.--More than one metropolitan 
        planning organization may be designated within an 
        existing metropolitan planning area only if the 
        Governor and the existing metropolitan planning 
        organization determine that the size and complexity of 
        the existing metropolitan planning area make 
        designation of more than one metropolitan planning 
        organization for the area appropriate.
  [(e) Metropolitan Planning Area Boundaries.--
          [(1) In general.--For the purposes of this section, 
        the boundaries of a metropolitan planning area shall be 
        determined by agreement between the metropolitan 
        planning organization and the Governor.
          [(2) Included area.--Each metropolitan planning 
        area--
                  [(A) shall encompass at least the existing 
                urbanized area and the contiguous area expected 
                to become urbanized within a 20-year forecast 
                period for the transportation plan; and
                  [(B) may encompass the entire metropolitan 
                statistical area or consolidated metropolitan 
                statistical area, as defined by the Bureau of 
                the Census.
          [(3) Identification of new urbanized areas within 
        existing planning area boundaries.--The designation by 
        the Bureau of the Census of new urbanized areas within 
        an existing metropolitan planning area shall not 
        require the redesignation of the existing metropolitan 
        planning organization.
          [(4) Existing metropolitan planning areas in 
        nonattainment.--Notwithstanding paragraph (2), in the 
        case of an urbanized area designated as a nonattainment 
        area for ozone or carbon monoxide under the Clean Air 
        Act (42 U.S.C. 7401 et seq.) as of the date of 
        enactment of the Federal Public Transportation Act of 
        2005, the boundaries of the metropolitan planning area 
        in existence as of such date of enactment shall be 
        retained; except that the boundaries may be adjusted by 
        agreement of the Governor and affected metropolitan 
        planning organizations in the manner described in 
        subsection (d)(5).
          [(5) New metropolitan planning areas in 
        nonattainment.--In the case of an urbanized area 
        designated after the date of enactment of the Federal 
        Public Transportation Act of 2005 as a nonattainment 
        area for ozone or carbon monoxide, the boundaries of 
        the metropolitan planning area--
                  [(A) shall be established in the manner 
                described in subsection (d)(1);
                  [(B) shall encompass the areas described in 
                paragraph (2)(A);
                  [(C) may encompass the areas described in 
                paragraph (2)(B); and
                  [(D) may address any nonattainment area 
                identified under the Clean Air Act for ozone or 
                carbon monoxide.
  [(f) Coordination in Multistate Areas.--
          [(1) In general.--The Secretary shall encourage each 
        Governor with responsibility for a portion of a 
        multistate metropolitan area and the appropriate 
        metropolitan planning organizations to provide 
        coordinated transportation planning for the entire 
        metropolitan area.
          [(2) Interstate compacts.--The consent of Congress is 
        granted to any two or more States--
                  [(A) to enter into agreements or compacts, 
                not in conflict with any law of the United 
                States, for cooperative efforts and mutual 
                assistance in support of activities authorized 
                under this section as the activities pertain to 
                interstate areas and localities within the 
                States; and
                  [(B) to establish such agencies, joint or 
                otherwise, as the States may determine 
                desirable for making the agreements and 
                compacts effective.
          [(3) Lake Tahoe region.--
                  [(A) Definition.--In this paragraph, the term 
                ``Lake Tahoe region'' has the meaning given the 
                term ``region'' in subdivision (a) of article 
                II of the Tahoe Regional Planning Compact, as 
                set forth in the first section of Public Law 
                96-551 (94 Stat. 3234).
                  [(B) Transportation planning process.--The 
                Secretary shall--
                          [(i) establish with the Federal land 
                        management agencies that have 
                        jurisdiction over land in the Lake 
                        Tahoe region a transportation planning 
                        process for the region; and
                          [(ii) coordinate the transportation 
                        planning process with the planning 
                        process required of State and local 
                        governments under this section and 
                        section 5304.
                  [(C) Interstate compact.--
                          [(i) In general.--Subject to clause 
                        (ii), and notwithstanding subsection 
                        (b), to carry out the transportation 
                        planning process required by this 
                        section, the consent of Congress is 
                        granted to the States of California and 
                        Nevada to designate a metropolitan 
                        planning organization for the Lake 
                        Tahoe region, by agreement between the 
                        Governors of the States of California 
                        and Nevada and units of general purpose 
                        local government that together 
                        represent at least 75 percent of the 
                        affected population (including the 
                        central city or cities (as defined by 
                        the Bureau of the Census)), or in 
                        accordance with procedures established 
                        by applicable State or local law.
                          [(ii) Involvement of Federal land 
                        management agencies.--
                                  [(I) Representation.--The 
                                policy board of a metropolitan 
                                planning organization 
                                designated under clause (i) 
                                shall include a representative 
                                of each Federal land management 
                                agency that has jurisdiction 
                                over land in the Lake Tahoe 
                                region.
                                  [(II) Funding.--For fiscal 
                                year 2008 and each fiscal year 
                                thereafter, in addition to 
                                other funds made available to 
                                the metropolitan planning 
                                organization for the Lake Tahoe 
                                region under this chapter and 
                                title 23, prior to any 
                                allocation under section 202 of 
                                title 23, and notwithstanding 
                                the allocation provisions of 
                                section 202, the Secretary 
                                shall set aside \1/2\ of 1 
                                percent of all funds authorized 
                                to be appropriated for such 
                                fiscal year to carry out 
                                section 204 of title 23, and 
                                shall make such funds available 
                                to the metropolitan planning 
                                organization for the Lake Tahoe 
                                region to carry out the 
                                transportation planning 
                                process, environmental reviews, 
                                preliminary engineering, and 
                                design to complete 
                                environmental documentation for 
                                transportation projects for the 
                                Lake Tahoe region under the 
                                Tahoe Regional Planning Compact 
                                as consented to in Public Law 
                                96-551 (94 Stat. 3233) and this 
                                paragraph.
                  [(D) Activities.--Highway projects included 
                in transportation plans developed under this 
                paragraph--
                          [(i) shall be selected for funding in 
                        a manner that facilitates the 
                        participation of the Federal land 
                        management agencies that have 
                        jurisdiction over land in the Lake 
                        Tahoe region; and
                          [(ii) may, in accordance with chapter 
                        2 of title 23, be funded using funds 
                        allocated under section 202 of such 
                        title.
          [(4) Reservation of rights.--The right to alter, 
        amend, or repeal interstate compacts entered into under 
        this subsection is expressly reserved.
  [(g) MPO Consultation in Plan and TIP Coordination.--
          [(1) Nonattainment areas.--If more than one 
        metropolitan planning organization has authority within 
        a metropolitan area or an area which is designated as a 
        nonattainment area for ozone or carbon monoxide under 
        the Clean Air Act, each metropolitan planning 
        organization shall consult with the other metropolitan 
        planning organizations designated for such area and the 
        State in the coordination of plans and TIPs required by 
        this section.
          [(2) Transportation improvements located in multiple 
        MPOS.--If a transportation improvement, funded from the 
        Highway Trust Fund or authorized under this chapter, is 
        located within the boundaries of more than one 
        metropolitan planning area, the metropolitan planning 
        organizations shall coordinate plans and TIPs regarding 
        the transportation improvement.
          [(3) Relationship with other planning officials.--The 
        Secretary shall encourage each metropolitan planning 
        organization to consult with officials responsible for 
        other types of planning activities that are affected by 
        transportation in the area (including State and local 
        planned growth, economic development, environmental 
        protection, airport operations, and freight movements) 
        or to coordinate its planning process, to the maximum 
        extent practicable, with such planning activities. 
        Under the metropolitan planning process, transportation 
        plans and TIPs shall be developed with due 
        consideration of other related planning activities 
        within the metropolitan area, and the process shall 
        provide for the design and delivery of transportation 
        services within the metropolitan area that are provided 
        by--
                  [(A) recipients of assistance under this 
                chapter;
                  [(B) governmental agencies and nonprofit 
                organizations (including representatives of the 
                agencies and organizations) that receive 
                Federal assistance from a source other than the 
                Department of Transportation to provide 
                nonemergency transportation services; and
                  [(C) recipients of assistance under section 
                204 of title 23.
  [(h) Scope of Planning Process.--
          [(1) In general.--The metropolitan planning process 
        for a metropolitan planning area under this section 
        shall provide for consideration of projects and 
        strategies that will--
                  [(A) support the economic vitality of the 
                metropolitan area, especially by enabling 
                global competitiveness, productivity, and 
                efficiency;
                  [(B) increase the safety of the 
                transportation system for motorized and 
                nonmotorized users;
                  [(C) increase the security of the 
                transportation system for motorized and 
                nonmotorized users;
                  [(D) increase the accessibility and mobility 
                of people and for freight;
                  [(E) protect and enhance the environment, 
                promote energy conservation, improve the 
                quality of life, and promote consistency 
                between transportation improvements and State 
                and local planned growth and economic 
                development patterns;
                  [(F) enhance the integration and connectivity 
                of the transportation system, across and 
                between modes, for people and freight;
                  [(G) promote efficient system management and 
                operation; and
                  [(H) emphasize the preservation of the 
                existing transportation system.
          [(2) Failure to consider factors.--The failure to 
        consider any factor specified in paragraph (1) shall 
        not be reviewable by any court under this chapter, 
        title 23, subchapter II of chapter 5 of title 5, or 
        chapter 7 of title 5 in any matter affecting a 
        transportation plan, a TIP, a project or strategy, or 
        the certification of a planning process.
  [(i) Development of Transportation Plan.--
          [(1) In general.--Each metropolitan planning 
        organization shall prepare a transportation plan for 
        its metropolitan planning area in accordance with the 
        requirements of this subsection. The metropolitan 
        planning organization shall prepare and update such 
        plan every 4 years (or more frequently, if the 
        metropolitan planning organization elects to update 
        more frequently) in the case of each of the following:
                  [(A) Any area designated as nonattainment, as 
                defined in section 107(d) of the Clean Air Act 
                (42 U.S.C. 7407(d)).
                  [(B) Any area that was nonattainment and 
                subsequently designated to attainment in 
                accordance with section 107(d)(3) of that Act 
                (42 U.S.C. 7407(d)(3)) and that is subject to a 
                maintenance plan under section 175A of that Act 
                (42 U.S.C. 7505a).
        In the case of any other area required to have a 
        transportation plan in accordance with the requirements 
        of this subsection, the metropolitan planning 
        organization shall prepare and update such plan every 5 
        years unless the metropolitan planning organization 
        elects to update more frequently.
          [(2) Transportation plan.--A transportation plan 
        under this section shall be in a form that the 
        Secretary determines to be appropriate and shall 
        contain, at a minimum, the following:
                  [(A) Identification of transportation 
                facilities.--An identification of 
                transportation facilities (including major 
                roadways, transit, multimodal and intermodal 
                facilities, and intermodal connectors) that 
                should function as an integrated metropolitan 
                transportation system, giving emphasis to those 
                facilities that serve important national and 
                regional transportation functions. In 
                formulating the transportation plan, the 
                metropolitan planning organization shall 
                consider factors described in subsection (h) as 
                such factors relate to a 20-year forecast 
                period.
                  [(B) Mitigation activities.--
                          [(i) In general.--A long-range 
                        transportation plan shall include a 
                        discussion of types of potential 
                        environmental mitigation activities and 
                        potential areas to carry out these 
                        activities, including activities that 
                        may have the greatest potential to 
                        restore and maintain the environmental 
                        functions affected by the plan.
                          [(ii) Consultation.--The discussion 
                        shall be developed in consultation with 
                        Federal, State, and tribal wildlife, 
                        land management, and regulatory 
                        agencies.
                  [(C) Financial plan.--A financial plan that 
                demonstrates how the adopted transportation 
                plan can be implemented, indicates resources 
                from public and private sources that are 
                reasonably expected to be made available to 
                carry out the plan, and recommends any 
                additional financing strategies for needed 
                projects and programs. The financial plan may 
                include, for illustrative purposes, additional 
                projects that would be included in the adopted 
                transportation plan if reasonable additional 
                resources beyond those identified in the 
                financial plan were available. For the purpose 
                of developing the transportation plan, the 
                metropolitan planning organization, transit 
                operator, and State shall cooperatively develop 
                estimates of funds that will be available to 
                support plan implementation.
                  [(D) Operational and management strategies.--
                Operational and management strategies to 
                improve the performance of existing 
                transportation facilities to relieve vehicular 
                congestion and maximize the safety and mobility 
                of people and goods.
                  [(E) Capital investment and other 
                strategies.--Capital investment and other 
                strategies to preserve the existing and 
                projected future metropolitan transportation 
                infrastructure and provide for multimodal 
                capacity increases based on regional priorities 
                and needs.
                  [(F) Transportation and transit enhancement 
                activities.--Proposed transportation and 
                transit enhancement activities.
          [(3) Coordination with Clean Air Act agencies.--In 
        metropolitan areas which are in nonattainment for ozone 
        or carbon monoxide under the Clean Air Act, the 
        metropolitan planning organization shall coordinate the 
        development of a transportation plan with the process 
        for development of the transportation control measures 
        of the State implementation plan required by the Clean 
        Air Act.
          [(4) Consultation.--
                  [(A) In general.--In each metropolitan area, 
                the metropolitan planning organization shall 
                consult, as appropriate, with State and local 
                agencies responsible for land use management, 
                natural resources, environmental protection, 
                conservation, and historic preservation 
                concerning the development of a long-range 
                transportation plan.
                  [(B) Issues.--The consultation shall involve, 
                as appropriate--
                          [(i) comparison of transportation 
                        plans with State conservation plans or 
                        maps, if available; or
                          [(ii) comparison of transportation 
                        plans to inventories of natural or 
                        historic resources, if available.
          [(5) Participation by interested parties.--
                  [(A) In general.--Each metropolitan planning 
                organization shall provide citizens, affected 
                public agencies, representatives of public 
                transportation employees, freight shippers, 
                providers of freight transportation services, 
                private providers of transportation, 
                representatives of users of public 
                transportation, representatives of users of 
                pedestrian walkways and bicycle transportation 
                facilities, representatives of the disabled, 
                and other interested parties with a reasonable 
                opportunity to comment on the transportation 
                plan.
                  [(B) Contents of participation plan.--A 
                participation plan--
                          [(i) shall be developed in 
                        consultation with all interested 
                        parties; and
                          [(ii) shall provide that all 
                        interested parties have reasonable 
                        opportunities to comment on the 
                        contents of the transportation plan.
                  [(C) Methods.--In carrying out subparagraph 
                (A), the metropolitan planning organization 
                shall, to the maximum extent practicable--
                          [(i) hold any public meetings at 
                        convenient and accessible locations and 
                        times;
                          [(ii) employ visualization techniques 
                        to describe plans; and
                          [(iii) make public information 
                        available in electronically accessible 
                        format and means, such as the World 
                        Wide Web, as appropriate to afford 
                        reasonable opportunity for 
                        consideration of public information 
                        under subparagraph (A).
          [(6) Publication.--A transportation plan involving 
        Federal participation shall be published or otherwise 
        made readily available by the metropolitan planning 
        organization for public review, including (to the 
        maximum extent practicable) in electronically 
        accessible formats and means, such as the World Wide 
        Web, approved by the metropolitan planning organization 
        and submitted for information purposes to the Governor 
        at such times and in such manner as the Secretary shall 
        establish.
          [(7) Selection of projects from illustrative list.--
        Notwithstanding paragraph (2)(C), a State or 
        metropolitan planning organization shall not be 
        required to select any project from the illustrative 
        list of additional projects included in the financial 
        plan under paragraph (2)(C).
  [(j) Metropolitan TIP.--
          [(1) Development.--
                  [(A) In general.--In cooperation with the 
                State and any affected public transportation 
                operator, the metropolitan planning 
                organization designated for a metropolitan area 
                shall develop a TIP for the area for which the 
                organization is designated.
                  [(B) Opportunity for comment.--In developing 
                the TIP, the metropolitan planning 
                organization, in cooperation with the State and 
                any affected public transportation operator, 
                shall provide an opportunity for participation 
                by interested parties in the development of the 
                program, in accordance with subsection (i)(5).
                  [(C) Funding estimates.--For the purpose of 
                developing the TIP, the metropolitan planning 
                organization, public transportation agency, and 
                State shall cooperatively develop estimates of 
                funds that are reasonably expected to be 
                available to support program implementation.
                  [(D) Updating and approval.--The TIP shall be 
                updated at least once every 4 years and shall 
                be approved by the metropolitan planning 
                organization and the Governor.
          [(2) Contents.--
                  [(A) Priority list.--The TIP shall include a 
                priority list of proposed federally supported 
                projects and strategies to be carried out 
                within each 4-year period after the initial 
                adoption of the TIP.
                  [(B) Financial plan.--The TIP shall include a 
                financial plan that--
                          [(i) demonstrates how the TIP can be 
                        implemented;
                          [(ii) indicates resources from public 
                        and private sources that are reasonably 
                        expected to be available to carry out 
                        the program;
                          [(iii) identifies innovative 
                        financing techniques to finance 
                        projects, programs, and strategies; and
                          [(iv) may include, for illustrative 
                        purposes, additional projects that 
                        would be included in the approved TIP 
                        if reasonable additional resources 
                        beyond those identified in the 
                        financial plan were available.
                  [(C) Descriptions.--Each project in the TIP 
                shall include sufficient descriptive material 
                (such as type of work, termini, length, and 
                other similar factors) to identify the project 
                or phase of the project.
          [(3) Included projects.--
                  [(A) Projects under this chapter and title 
                23.--A TIP developed under this subsection for 
                a metropolitan area shall include the projects 
                within the area that are proposed for funding 
                under this chapter and chapter 1 of title 23.
                  [(B) Projects under chapter 2 of title 23.--
                          [(i) Regionally significant 
                        projects.--Regionally significant 
                        projects proposed for funding under 
                        chapter 2 of title 23 shall be 
                        identified individually in the 
                        transportation improvement program.
                          [(ii) Other projects.--Projects 
                        proposed for funding under chapter 2 of 
                        title 23 that are not determined to be 
                        regionally significant shall be grouped 
                        in one line item or identified 
                        individually in the transportation 
                        improvement program.
                  [(C) Consistency with long-range 
                transportation plan.--Each project shall be 
                consistent with the long-range transportation 
                plan developed under subsection (i) for the 
                area.
                  [(D) Requirement of anticipated full 
                funding.--The program shall include a project, 
                or an identified phase of a project, only if 
                full funding can reasonably be anticipated to 
                be available for the project or the identified 
                phase within the time period contemplated for 
                completion of the project or the identified 
                phase.
          [(4) Notice and comment.--Before approving a TIP, a 
        metropolitan planning organization, in cooperation with 
        the State and any affected public transportation 
        operator, shall provide an opportunity for 
        participation by interested parties in the development 
        of the program, in accordance with subsection (i)(5).
          [(5) Selection of projects.--
                  [(A) In general.--Except as otherwise 
                provided in subsection (k)(4) and in addition 
                to the TIP development required under paragraph 
                (1), the selection of federally funded projects 
                in metropolitan areas shall be carried out, 
                from the approved TIP--
                          [(i) by--
                                  [(I) in the case of projects 
                                under title 23, the State; and
                                  [(II) in the case of projects 
                                under this chapter, the 
                                designated recipients of public 
                                transportation funding; and
                          [(ii) in cooperation with the 
                        metropolitan planning organization.
                  [(B) Modifications to project priority.--
                Notwithstanding any other provision of law, 
                action by the Secretary shall not be required 
                to advance a project included in the approved 
                TIP in place of another project in the program.
          [(6) Selection of projects from illustrative list.--
                  [(A) No required selection.--Notwithstanding 
                paragraph (2)(B)(iv), a State or metropolitan 
                planning organization shall not be required to 
                select any project from the illustrative list 
                of additional projects included in the 
                financial plan under paragraph (2)(B)(iv).
                  [(B) Required action by the Secretary.--
                Action by the Secretary shall be required for a 
                State or metropolitan planning organization to 
                select any project from the illustrative list 
                of additional projects included in the 
                financial plan under paragraph (2)(B)(iv) for 
                inclusion in an approved TIP.
          [(7) Publication.--
                  [(A) Publication of TIPS.--A TIP involving 
                Federal participation shall be published or 
                otherwise made readily available by the 
                metropolitan planning organization for public 
                review.
                  [(B) Publication of annual listings of 
                projects.--An annual listing of projects, 
                including investments in pedestrian walkways 
                and bicycle transportation facilities, for 
                which Federal funds have been obligated in the 
                preceding year shall be published or otherwise 
                made available by the cooperative effort of the 
                State, transit operator, and metropolitan 
                planning organization for public review. The 
                listing shall be consistent with the categories 
                identified in the TIP.
                  [(C) Rulemaking.--Not later than 180 days 
                after the date of enactment of the Federal 
                Public Transportation Act of 2005, the 
                Secretary shall issue regulations setting 
                standards for the listing required by 
                subparagraph (B) and specifying the types of 
                data to be included in such list, including 
                sufficient information about each project to 
                identify its type, location, and amount 
                obligated.
  [(k) Transportation Management Areas.--
          [(1) Identification and designation.--
                  [(A) Required identification.--The Secretary 
                shall identify as a transportation management 
                area each urbanized area (as defined by the 
                Bureau of the Census) with a population of over 
                200,000 individuals.
                  [(B) Designations on request.--The Secretary 
                shall designate any additional area as a 
                transportation management area on the request 
                of the Governor and the metropolitan planning 
                organization designated for the area.
          [(2) Transportation plans.--In a transportation 
        management area, transportation plans shall be based on 
        a continuing and comprehensive transportation planning 
        process carried out by the metropolitan planning 
        organization in cooperation with the State and public 
        transportation operators.
          [(3) Congestion management process.--Within a 
        metropolitan planning area serving a transportation 
        management area, the transportation planning process 
        under this section shall address congestion management 
        through a process that provides for effective 
        management and operation, based on a cooperatively 
        developed and implemented metropolitan-wide strategy, 
        of new and existing transportation facilities eligible 
        for funding under this chapter and title 23 through the 
        use of travel demand reduction and operational 
        management strategies. The Secretary shall establish an 
        appropriate phase-in schedule for compliance with the 
        requirements of this section but no sooner than one 
        year after the identification of a transportation 
        management area.
          [(4) Selection of projects.--
                  [(A) In general.--All federally funded 
                projects carried out within the boundaries of a 
                metropolitan planning area serving a 
                transportation management area under title 23 
                (excluding projects carried out on the National 
                Highway System and projects carried out under 
                the bridge program or the Interstate 
                maintenance program) or under this chapter 
                shall be selected for implementation from the 
                approved TIP by the metropolitan planning 
                organization designated for the area in 
                consultation with the State and any affected 
                public transportation operator.
                  [(B) National Highway System projects.--
                Projects carried out within the boundaries of a 
                metropolitan planning area serving a 
                transportation management area on the National 
                Highway System and projects carried out within 
                such boundaries under the bridge program or the 
                Interstate maintenance program under title 23 
                shall be selected for implementation from the 
                approved TIP by the State in cooperation with 
                the metropolitan planning organization 
                designated for the area.
          [(5) Certification.--
                  [(A) In general.--The Secretary shall--
                          [(i) ensure that the metropolitan 
                        planning process of a metropolitan 
                        planning organization serving a 
                        transportation management area is being 
                        carried out in accordance with 
                        applicable provisions of Federal law; 
                        and
                          [(ii) subject to subparagraph (B), 
                        certify, not less often than once every 
                        4 years, that the requirements of this 
                        paragraph are met with respect to the 
                        metropolitan planning process.
                  [(B) Requirements for certification.--The 
                Secretary may make the certification under 
                subparagraph (A) if--
                          [(i) the transportation planning 
                        process complies with the requirements 
                        of this section and other applicable 
                        requirements of Federal law; and
                          [(ii) there is a TIP for the 
                        metropolitan planning area that has 
                        been approved by the metropolitan 
                        planning organization and the Governor.
                  [(C) Effect of failure to certify.--
                          [(i) Withholding of project funds.--
                        If a metropolitan planning process of a 
                        metropolitan planning organization 
                        serving a transportation management 
                        area is not certified, the Secretary 
                        may withhold up to 20 percent of the 
                        funds attributable to the metropolitan 
                        planning area of the metropolitan 
                        planning organization for projects 
                        funded under this chapter and title 23.
                          [(ii) Restoration of withheld 
                        funds.--The withheld funds shall be 
                        restored to the metropolitan planning 
                        area at such time as the metropolitan 
                        planning process is certified by the 
                        Secretary.
                  [(D) Review of certification.--In making 
                certification determinations under this 
                paragraph, the Secretary shall provide for 
                public involvement appropriate to the 
                metropolitan area under review.
  [(l) Abbreviated Plans for Certain Areas.--
          [(1) In general.--Subject to paragraph (2), in the 
        case of a metropolitan area not designated as a 
        transportation management area under this section, the 
        Secretary may provide for the development of an 
        abbreviated transportation plan and TIP for the 
        metropolitan planning area that the Secretary 
        determines is appropriate to achieve the purposes of 
        this section, taking into account the complexity of 
        transportation problems in the area.
          [(2) Nonattainment areas.--The Secretary may not 
        permit abbreviated plans or TIPs for a metropolitan 
        area that is in nonattainment for ozone or carbon 
        monoxide under the Clean Air Act.
  [(m) Additional Requirements for Certain Nonattainment 
Areas.--
          [(1) In general.--Notwithstanding any other 
        provisions of this chapter or title 23, for 
        transportation management areas classified as 
        nonattainment for ozone or carbon monoxide pursuant to 
        the Clean Air Act, Federal funds may not be advanced in 
        such area for any highway project that will result in a 
        significant increase in the carrying capacity for 
        single-occupant vehicles unless the project is 
        addressed through a congestion management process.
          [(2) Applicability.--This subsection applies to a 
        nonattainment area within the metropolitan planning 
        area boundaries determined under subsection (e).
  [(n) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to confer on a metropolitan planning 
organization the authority to impose legal requirements on any 
transportation facility, provider, or project not eligible 
under this chapter or title 23.
  [(o) Funding.--Funds set aside under section 5305(g) of this 
title or section 104(f) of title 23 shall be available to carry 
out this section.
  [(p) Continuation of Current Review Practice.--Since plans 
and TIPs described in this section are subject to a reasonable 
opportunity for public comment, since individual projects 
included in plans and TIPs are subject to review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), and since decisions by the Secretary concerning plans 
and TIPs described in this section have not been reviewed under 
such Act as of January 1, 1997, any decision by the Secretary 
concerning a plan or TIP described in this section shall not be 
considered to be a Federal action subject to review under such 
Act.

[Sec. 5304. Statewide transportation planning

  [(a) General Requirements.--
          [(1) Development of plans and programs.--To 
        accomplish the objectives stated in section 5303(a), 
        each State shall develop a statewide transportation 
        plan and a statewide transportation improvement program 
        for all areas of the State, subject to section 5303.
          [(2) Contents.--The statewide transportation plan and 
        the transportation improvement program developed for 
        each State shall provide for the development and 
        integrated management and operation of transportation 
        systems and facilities (including accessible pedestrian 
        walkways and bicycle transportation facilities) that 
        will function as an intermodal transportation system 
        for the State and an integral part of an intermodal 
        transportation system for the United States.
          [(3) Process of development.--The process for 
        developing the statewide plan and the transportation 
        improvement program shall provide for consideration of 
        all modes of transportation and the policies stated in 
        section 5303(a), and shall be continuing, cooperative, 
        and comprehensive to the degree appropriate, based on 
        the complexity of the transportation problems to be 
        addressed.
  [(b) Coordination With Metropolitan Planning; State 
Implementation Plan.--A State shall--
          [(1) coordinate planning carried out under this 
        section with the transportation planning activities 
        carried out under section 5303 for metropolitan areas 
        of the State and with statewide trade and economic 
        development planning activities and related multistate 
        planning efforts; and
          [(2) develop the transportation portion of the State 
        implementation plan as required by the Clean Air Act 
        (42 U.S.C. 7401 et seq.).
  [(c) Interstate Agreements.--
          [(1) In general.--The consent of Congress is granted 
        to 2 or more States entering into agreements or 
        compacts, not in conflict with any law of the United 
        States, for cooperative efforts and mutual assistance 
        in support of activities authorized under this section 
        related to interstate areas and localities in the 
        States and establishing authorities the States consider 
        desirable for making the agreements and compacts 
        effective.
          [(2) Reservation of rights.--The right to alter, 
        amend, or repeal interstate compacts entered into under 
        this subsection is expressly reserved.
  [(d) Scope of Planning Process.--
          [(1) In general.--Each State shall carry out a 
        statewide transportation planning process that provides 
        for consideration and implementation of projects, 
        strategies, and services that will--
                  [(A) support the economic vitality of the 
                United States, the States, nonmetropolitan 
                areas, and metropolitan areas, especially by 
                enabling global competitiveness, productivity, 
                and efficiency;
                  [(B) increase the safety of the 
                transportation system for motorized and 
                nonmotorized users;
                  [(C) increase the security of the 
                transportation system for motorized and 
                nonmotorized users;
                  [(D) increase the accessibility and mobility 
                of people and freight;
                  [(E) protect and enhance the environment, 
                promote energy conservation, improve the 
                quality of life, and promote consistency 
                between transportation improvements and State 
                and local planned growth and economic 
                development patterns;
                  [(F) enhance the integration and connectivity 
                of the transportation system, across and 
                between modes throughout the State, for people 
                and freight;
                  [(G) promote efficient system management and 
                operation; and
                  [(H) emphasize the preservation of the 
                existing transportation system.
          [(2) Failure to consider factors.--The failure to 
        consider any factor specified in paragraph (1) shall 
        not be reviewable by any court under this chapter, 
        title 23, subchapter II of chapter 5 of title 5, or 
        chapter 7 of title 5 in any matter affecting a 
        statewide transportation plan, the transportation 
        improvement program, a project or strategy, or the 
        certification of a planning process.
  [(e) Additional Requirements.--In carrying out planning under 
this section, each State shall consider, at a minimum--
          [(1) with respect to nonmetropolitan areas, the 
        concerns of affected local officials with 
        responsibility for transportation;
          [(2) the concerns of Indian tribal governments and 
        Federal land management agencies that have jurisdiction 
        over land within the boundaries of the State; and
          [(3) coordination of transportation plans, the 
        transportation improvement program, and planning 
        activities with related planning activities being 
        carried out outside of metropolitan planning areas and 
        between States.
  [(f) Long-Range Statewide Transportation Plan.--
          [(1) Development.--Each State shall develop a long-
        range statewide transportation plan, with a minimum 20-
        year forecast period for all areas of the State, that 
        provides for the development and implementation of the 
        intermodal transportation system of the State.
          [(2) Consultation with governments.--
                  [(A) Metropolitan areas.--The statewide 
                transportation plan shall be developed for each 
                metropolitan area in the State in cooperation 
                with the metropolitan planning organization 
                designated for the metropolitan area under 
                section 5303.
                  [(B) Nonmetropolitan areas.--With respect to 
                nonmetropolitan areas, the statewide 
                transportation plan shall be developed in 
                consultation with affected nonmetropolitan 
                officials with responsibility for 
                transportation. The Secretary shall not review 
                or approve the consultation process in each 
                State.
                  [(C) Indian tribal areas.--With respect to 
                each area of the State under the jurisdiction 
                of an Indian tribal government, the statewide 
                transportation plan shall be developed in 
                consultation with the tribal government and the 
                Secretary of the Interior.
                  [(D) Consultation, comparison, and 
                consideration.--
                          [(i) In general.--The long-range 
                        transportation plan shall be developed, 
                        as appropriate, in consultation with 
                        State, tribal, and local agencies 
                        responsible for land use management, 
                        natural resources, environmental 
                        protection, conservation, and historic 
                        preservation.
                          [(ii) Comparison and consideration.--
                        Consultation under clause (i) shall 
                        involve comparison of transportation 
                        plans to State and tribal conservation 
                        plans or maps, if available, and 
                        comparison of transportation plans to 
                        inventories of natural or historic 
                        resources, if available.
          [(3) Participation by interested parties.--
                  [(A) In general.--In developing the statewide 
                transportation plan, the State shall provide 
                citizens, affected public agencies, 
                representatives of public transportation 
                employees, freight shippers, private providers 
                of transportation, representatives of users of 
                public transportation, representatives of users 
                of pedestrian walkways and bicycle 
                transportation facilities, representatives of 
                the disabled, providers of freight 
                transportation services, and other interested 
                parties with a reasonable opportunity to 
                comment on the proposed plan.
                  [(B) Methods.--In carrying out subparagraph 
                (A), the State shall, to the maximum extent 
                practicable--
                          [(i) hold any public meetings at 
                        convenient and accessible locations and 
                        times;
                          [(ii) employ visualization techniques 
                        to describe plans; and
                          [(iii) make public information 
                        available in electronically accessible 
                        format and means, such as the World 
                        Wide Web, as appropriate to afford 
                        reasonable opportunity for 
                        consideration of public information 
                        under subparagraph (A).
          [(4) Mitigation activities.--
                  [(A) In general.--A long-range transportation 
                plan shall include a discussion of potential 
                environmental mitigation activities and 
                potential areas to carry out these activities, 
                including activities that may have the greatest 
                potential to restore and maintain the 
                environmental functions affected by the plan.
                  [(B) Consultation.--The discussion shall be 
                developed in consultation with Federal, State, 
                and tribal wildlife, land management, and 
                regulatory agencies.
          [(5) Financial plan.--The statewide transportation 
        plan may include a financial plan that demonstrates how 
        the adopted statewide transportation plan can be 
        implemented, indicates resources from public and 
        private sources that are reasonably expected to be made 
        available to carry out the plan, and recommends any 
        additional financing strategies for needed projects and 
        programs. The financial plan may include, for 
        illustrative purposes, additional projects that would 
        be included in the adopted statewide transportation 
        plan if reasonable additional resources beyond those 
        identified in the financial plan were available.
          [(6) Selection of projects from illustrative list.--A 
        State shall not be required to select any project from 
        the illustrative list of additional projects included 
        in the financial plan described in paragraph (5).
          [(7) Existing system.--The statewide transportation 
        plan should include capital, operations and management 
        strategies, investments, procedures, and other measures 
        to ensure the preservation and most efficient use of 
        the existing transportation system.
          [(8) Publication of long-range transportation 
        plans.--Each long-range transportation plan prepared by 
        a State shall be published or otherwise made available, 
        including (to the maximum extent practicable) in 
        electronically accessible formats and means, such as 
        the World Wide Web.
  [(g) Statewide Transportation Improvement Program.--
          [(1) Development.--Each State shall develop a 
        statewide transportation improvement program for all 
        areas of the State. Such program shall cover a period 
        of 4 years and be updated every 4 years or more 
        frequently if the Governor elects to update more 
        frequently.
          [(2) Consultation with governments.--
                  [(A) Metropolitan areas.--With respect to 
                each metropolitan area in the State, the 
                program shall be developed in cooperation with 
                the metropolitan planning organization 
                designated for the metropolitan area under 
                section 5303.
                  [(B) Nonmetropolitan areas.--With respect to 
                each nonmetropolitan area in the State, the 
                program shall be developed in consultation with 
                affected nonmetropolitan local officials with 
                responsibility for transportation. The 
                Secretary shall not review or approve the 
                specific consultation process in the State.
                  [(C) Indian tribal areas.--With respect to 
                each area of the State under the jurisdiction 
                of an Indian tribal government, the program 
                shall be developed in consultation with the 
                tribal government and the Secretary of the 
                Interior.
          [(3) Participation by interested parties.--In 
        developing the program, the State shall provide 
        citizens, affected public agencies, representatives of 
        public transportation employees, freight shippers, 
        private providers of transportation, providers of 
        freight transportation services, representatives of 
        users of public transportation, representatives of 
        users of pedestrian walkways and bicycle transportation 
        facilities, representatives of the disabled, and other 
        interested parties with a reasonable opportunity to 
        comment on the proposed program.
          [(4) Included projects.--
                  [(A) In general.--A transportation 
                improvement program developed under this 
                subsection for a State shall include federally 
                supported surface transportation expenditures 
                within the boundaries of the State.
                  [(B) Listing of projects.--An annual listing 
                of projects for which funds have been obligated 
                in the preceding year in each metropolitan 
                planning area shall be published or otherwise 
                made available by the cooperative effort of the 
                State, transit operator, and the metropolitan 
                planning organization for public review. The 
                listing shall be consistent with the funding 
                categories identified in each metropolitan 
                transportation improvement program.
                  [(C) Projects under chapter 2 of title 23.--
                          [(i) Regionally significant 
                        projects.--Regionally significant 
                        projects proposed for funding under 
                        chapter 2 of title 23 shall be 
                        identified individually in the 
                        transportation improvement program.
                          [(ii) Other projects.--Projects 
                        proposed for funding under chapter 2 of 
                        title 23 that are not determined to be 
                        regionally significant shall be grouped 
                        in 1 line item or identified 
                        individually in the transportation 
                        improvement program.
                  [(D) Consistency with statewide 
                transportation plan.--Each project shall be--
                          [(i) consistent with the statewide 
                        transportation plan developed under 
                        this section for the State;
                          [(ii) identical to the project or 
                        phase of the project as described in an 
                        approved metropolitan transportation 
                        plan; and
                          [(iii) in conformance with the 
                        applicable State air quality 
                        implementation plan developed under the 
                        Clean Air Act, if the project is 
                        carried out in an area designated as 
                        nonattainment for ozone, particulate 
                        matter, or carbon monoxide under that 
                        Act.
                  [(E) Requirement of anticipated full 
                funding.--The transportation improvement 
                program shall include a project, or an 
                identified phase of a project, only if full 
                funding can reasonably be anticipated to be 
                available for the project within the time 
                period contemplated for completion of the 
                project.
                  [(F) Financial plan.--The transportation 
                improvement program may include a financial 
                plan that demonstrates how the approved 
                transportation improvement program can be 
                implemented, indicates resources from public 
                and private sources that are reasonably 
                expected to be made available to carry out the 
                transportation improvement program, and 
                recommends any additional financing strategies 
                for needed projects and programs. The financial 
                plan may include, for illustrative purposes, 
                additional projects that would be included in 
                the adopted transportation plan if reasonable 
                additional resources beyond those identified in 
                the financial plan were available.
                  [(G) Selection of projects from illustrative 
                list.--
                          [(i) No required selection.--
                        Notwithstanding subparagraph (F), a 
                        State shall not be required to select 
                        any project from the illustrative list 
                        of additional projects included in the 
                        financial plan under subparagraph (F).
                          [(ii) Required action by the 
                        Secretary.--Action by the Secretary 
                        shall be required for a State to select 
                        any project from the illustrative list 
                        of additional projects included in the 
                        financial plan under subparagraph (F) 
                        for inclusion in an approved 
                        transportation improvement program.
                  [(H) Priorities.--The transportation 
                improvement program shall reflect the 
                priorities for programming and expenditures of 
                funds, including transportation enhancement 
                activities, required by this chapter and title 
                23.
          [(5) Project selection for areas of less than 50,000 
        population.--Projects carried out in areas with 
        populations of less than 50,000 individuals shall be 
        selected, from the approved transportation improvement 
        program (excluding projects carried out on the National 
        Highway System and projects carried out under the 
        bridge program or the Interstate maintenance program 
        under title 23 or sections 5310, 5311, 5316, and 5317 
        of this title) by the State in cooperation with the 
        affected nonmetropolitan local officials with 
        responsibility for transportation. Projects carried out 
        in areas with populations of less than 50,000 
        individuals on the National Highway System or under the 
        bridge program or the Interstate maintenance program 
        under title 23 or sections 5310, 5311, 5316, and 5317 
        of this title shall be selected, from the approved 
        statewide transportation improvement program, by the 
        State in consultation with the affected nonmetropolitan 
        local officials with responsibility for transportation.
          [(6) Transportation improvement program approval.--
        Every 4 years, a transportation improvement program 
        developed under this subsection shall be reviewed and 
        approved by the Secretary if based on a current 
        planning finding.
          [(7) Planning finding.--A finding shall be made by 
        the Secretary at least every 4 years that the 
        transportation planning process through which statewide 
        transportation plans and programs are developed is 
        consistent with this section and section 5303.
          [(8) Modifications to project priority.--
        Notwithstanding any other provision of law, action by 
        the Secretary shall not be required to advance a 
        project included in the approved transportation 
        improvement program in place of another project in the 
        program.
  [(h) Funding.--Funds set aside pursuant to section 5305(g) of 
this title and section 104(i) of title 23 shall be available to 
carry out this section.
  [(i) Treatment of Certain State Laws as Congestion Management 
Processes.--For purposes of this section and section 5303, and 
sections 134 and 135 of title 23, State laws, rules, or 
regulations pertaining to congestion management systems or 
programs may constitute the congestion management process under 
this section and section 5303, and sections 134 and 135 of 
title 23, if the Secretary finds that the State laws, rules, or 
regulations are consistent with, and fulfill the intent of, the 
purposes of this section, section 5303, and sections 134 and 
135 of title 23, as appropriate.
  [(j) Continuation of Current Review Practice.--Since the 
statewide transportation plan and the transportation 
improvement program described in this section are subject to a 
reasonable opportunity for public comment, since individual 
projects included in the statewide transportation plans and the 
transportation improvement program are subject to review under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), and since decisions by the Secretary concerning 
statewide transportation plans or the transportation 
improvement program described in this section have not been 
reviewed under such Act as of January 1, 1997, any decision by 
the Secretary concerning a metropolitan or statewide 
transportation plan or the transportation improvement program 
described in this section shall not be considered to be a 
Federal action subject to review under such Act.]

Sec. 5303. Metropolitan transportation planning

  Metropolitan transportation planning programs funded under 
section 5305 shall be carried out in accordance with the 
metropolitan planning provisions of section 5203.

Sec. 5304. Statewide transportation planning

  Statewide transportation planning programs funded under 
section 5305 shall be carried out in accordance with the 
metropolitan planning provisions of section 5204.

Sec. 5305. Planning programs

  (a) * * *

           *       *       *       *       *       *       *

  (d) Metropolitan Transportation Planning Program.--
          (1) * * *
          (2) Allocation to MPO's.--Amounts apportioned to a 
        State under paragraph (1) shall be made available, not 
        later than 30 days after the date of apportionment, to 
        metropolitan planning organizations in the State 
        [designated under this section] responsible for 
        carrying out the provisions of section 5203 of this 
        title under a formula that--
                  (A) * * *

           *       *       *       *       *       *       *

  (e) [State] Statewide Transportation Planning and Research 
Program.--
          (1) Apportionment to States.--
                  (A) In general.--The Secretary shall 
                apportion the amounts made available under 
                subsection (g)(2) among the States for grants 
                and contracts to carry out this section and 
                sections 5304, 5306, [5315,] and 5322 in the 
                ratio that--
                          (i) * * *

           *       *       *       *       *       *       *

  (g) Allocation of Funds.--Of the funds made available by or 
appropriated to carry out this section under [section 5338(c)] 
section 5338(a)(2) for fiscal years 2005 through 2012--
          (1) * * *

           *       *       *       *       *       *       *

Sec. 5306. Private enterprise participation in metropolitan planning 
                    and transportation improvement programs and 
                    relationship to other limitations

  (a) Private Enterprise Participation.--A plan or program 
required by section 5303, 5304, or 5305 of this title shall 
encourage to the maximum extent feasible[, as determined by 
local policies, criteria, and decisionmaking,] the 
participation of private enterprise. If equipment or a facility 
already being used in an urban area is to be acquired under 
this chapter, the program shall provide that it be improved so 
that it will better serve the transportation needs of the area.

           *       *       *       *       *       *       *

Sec. 5307. Urbanized area formula grants

  (a) * * *
  (b) General Authority.--
          (1) Grants.--The Secretary may make grants under this 
        section for--
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) operating costs of equipment and 
                facilities for use in public transportation in 
                a portion or portions of an urbanized area with 
                a population of at least 200,000, but not more 
                than 225,000, if--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iv) the grants will not be used to 
                        provide public transportation outside 
                        of the portion of the urbanized area; 
                        [and]
                  (F) operating costs of equipment and 
                facilities for use in public transportation in 
                an urbanized area with a population of at least 
                200,000 if the State or regional authority 
                providing public transportation for the 
                urbanized area is operating--
                          (i) 75 buses or fewer in fixed-route 
                        service during peak service hours, not 
                        to exceed 50 percent of the net project 
                        cost of the project for operating 
                        expenses; and
                          (ii) more than 75 but fewer than 100 
                        buses in fixed-route service during 
                        peak service hours, not to exceed 25 
                        percent of the net project cost of the 
                        project for operating expenses; and
                  [(F)] (G) operating costs of equipment and 
                facilities for use in public transportation for 
                local governmental authorities in areas which 
                adopted transit operating and financing plans 
                that became a part of the Houston, Texas, 
                urbanized area as a result of the 2000 
                decennial census of population, but lie outside 
                the service area of the principal public 
                transportation agency that serves the Houston 
                urbanized area.

           *       *       *       *       *       *       *

  (3) Transportation management areas.--In a transportation 
management area designated under section 5303(k) of this title, 
amounts that cannot be used to pay operating expenses under 
this section also are available for a highway project if--
          (A) * * *

           *       *       *       *       *       *       *

  (d) Grant Recipient Requirements.--A recipient may receive a 
grant in a fiscal year only if--
          (1) the recipient, within the time the Secretary 
        prescribes, submits a final program of projects 
        prepared under subsection (c) of this section and a 
        certification for that fiscal year that the recipient 
        (including a person receiving amounts from a chief 
        executive officer of a State under this section)--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) will ensure that [elderly and handicapped 
                individuals, or an] elderly individuals, 
                individuals with disabilities, and any 
                individual presenting a medicare card issued to 
                that individual under title II or XVIII of the 
                Social Security Act (42 U.S.C. 401 et seq., 
                1395 et seq.)[,] will be charged during non-
                peak hours for transportation using or 
                involving a facility or equipment of a project 
                financed under this section not more than 50 
                percent of the peak hour fare;

           *       *       *       *       *       *       *

                  (H) will comply with [section 5301(a), 
                section 5301(d),] section 5301 and sections 
                5303 through 5306;
                  (I) has a locally developed process to 
                solicit and consider public comment before 
                raising a fare or carrying out a major 
                reduction of transportation; and
                  (J)(i) * * *
                  (ii) has decided that the expenditure for 
                security projects is not necessary[; and].
                  [(K) in the case of a recipient for an 
                urbanized area with a population of at least 
                200,000--
                          [(i) will expend not less than 1 
                        percent of the amount the recipient 
                        receives each fiscal year under this 
                        section for transit enhancements, as 
                        defined in section 5302(a); and
                          [(ii) will submit an annual report 
                        listing projects carried out in the 
                        preceding fiscal year with those funds; 
                        and]

           *       *       *       *       *       *       *

  (k) Relationship to Other Laws.--
          (1) Applicable provisions.--Sections 5301, 5302, 
        5303, 5304, 5306, [5315(c),] 5318, 5319, 5323, 5325, 
        5327, 5329, 5330, 5331, 5332, 5333, and 5335 apply to 
        this section and to any grant made under this section.

           *       *       *       *       *       *       *

[Sec. 5308. Clean fuels grant program

  [(a) Definitions.--In this section, the following definitions 
apply:
          [(1) Clean fuel bus.--The term ``clean fuel bus'' 
        means a passenger vehicle used to provide public 
        transportation that--
                  [(A) is powered by--
                          [(i) compressed natural gas;
                          [(ii) liquefied natural gas;
                          [(iii) biodiesel fuels;
                          [(iv) batteries;
                          [(v) alcohol-based fuels;
                          [(vi) hybrid electric;
                          [(vii) fuel cell;
                          [(viii) clean diesel, to the extent 
                        allowed under this section; or
                          [(ix) other low or zero emissions 
                        technology; and
                  [(B) the Administrator of the Environmental 
                Protection Agency has certified sufficiently 
                reduces harmful emissions.
          [(2) Eligible project.--The term ``eligible 
        project''--
                  [(A) means a project in a nonattainment or 
                maintenance area described in paragraph (4)(A) 
                for--
                          [(i) purchasing or leasing clean fuel 
                        buses, including buses that employ a 
                        lightweight composite primary 
                        structure;
                          [(ii) constructing or leasing clean 
                        fuel buses or electrical recharging 
                        facilities and related equipment for 
                        such buses; or
                          [(iii) constructing new or improving 
                        existing public transportation 
                        facilities to accommodate clean fuel 
                        buses; and
                  [(B) at the discretion of the Secretary, may 
                include a project located in a nonattainment or 
                maintenance area described in paragraph (4)(A) 
                relating to clean fuel, biodiesel, hybrid 
                electric, or zero emissions technology buses 
                that exhibit equivalent or superior emissions 
                reductions to existing clean fuel or hybrid 
                electric technologies.
          [(3) Maintenance area.--The term ``maintenance area'' 
        has the meaning such term has under section 101 of 
        title 23.
          [(4) Recipient.--
                  [(A) In general.--The term ``recipient'' 
                means a designated recipient (as defined in 
                section 5307(a)(2)) for an area that, and a 
                recipient for an urbanized area with a 
                population of less than 200,000 that--
                          [(i) is designated as a nonattainment 
                        area for ozone or carbon monoxide under 
                        section 107(d) of the Clean Air Act (42 
                        U.S.C. 7407(d)); or
                          [(ii) is a maintenance area for ozone 
                        or carbon monoxide.
                  [(B) Smaller urbanized areas.--In the case of 
                an urbanized area with a population of less 
                than 200,000, the State in which the area is 
                located shall act as the recipient for the area 
                under this section.
  [(b) Authority.--The Secretary shall make grants in 
accordance with this section to recipients to finance eligible 
projects.
  [(c) Clean Diesel Buses.--Not more than 25 percent of the 
amount made available by or appropriated under section 5338 in 
each fiscal year to carry out this section may be made 
available to fund clean diesel buses.
  [(d) Grant Requirements.--
          [(1) In general.--A grant under this section shall be 
        subject to the requirements of section 5307.
          [(2) Government's share of costs for certain 
        projects.--Section 5323(i) applies to projects carried 
        out under this section.
  [(e) Availability of Funds.--Any amount made available or 
appropriated under this section--
          [(1) shall remain available to a project for 2 years 
        after the fiscal year for which the amount is made 
        available or appropriated; and
          [(2) that remains unobligated at the end of the 
        period described in paragraph (1) shall be added to the 
        amount made available in the following fiscal year.

[Sec. 5309. Capital investment grants

  [(a) Definitions.--In this section, the following definitions 
apply:
          [(1) Alternatives analysis.--The term ``alternatives 
        analysis'' means a study conducted as part of the 
        transportation planning process required under sections 
        5303 and 5304, which includes--
                  [(A) an assessment of a wide range of public 
                transportation alternatives designed to address 
                a transportation problem in a corridor or 
                subarea;
                  [(B) sufficient information to enable the 
                Secretary to make the findings of project 
                justification and local financial commitment 
                required under this section;
                  [(C) the selection of a locally preferred 
                alternative; and
                  [(D) the adoption of the locally preferred 
                alternative as part of the long-range 
                transportation plan required under section 
                5303.
          [(2) Major new fixed guideway capital project.--The 
        term ``major new fixed guideway capital project'' means 
        a new fixed guideway capital project for which the 
        Federal assistance provided or to be provided under 
        this section is $75,000,000 or more.
          [(3) New fixed guideway capital project.--The term 
        ``new fixed guideway capital project'' means a minimum 
        operable segment of a capital project for a new fixed 
        guideway system or extension to an existing fixed 
        guideway system.
  [(b) General Authority.--The Secretary may make grants under 
this section to assist State and local governmental authorities 
in financing--
          [(1) new fixed guideway capital projects under 
        subsections (d) and (e), including the acquisition of 
        real property, the initial acquisition of rolling stock 
        for the systems, the acquisition of rights-of-way, and 
        relocation, for fixed guideway corridor development for 
        projects in the advanced stages of alternatives 
        analysis or preliminary engineering;
          [(2) capital projects to modernize existing fixed 
        guideway systems;
          [(3) capital projects to replace, rehabilitate, and 
        purchase buses and related equipment and to construct 
        bus-related facilities, including programs of bus and 
        bus-related projects for assistance to subrecipients 
        that are public agencies, private companies engaged in 
        public transportation, or private nonprofit 
        organizations; and
          [(4) the development of corridors to support new 
        fixed guideway capital projects under subsections (d) 
        and (e), including protecting rights-of-way through 
        acquisition, construction of dedicated bus and high 
        occupancy vehicle lanes and park and ride lots, and 
        other nonvehicular capital improvements that the 
        Secretary may decide would result in increased public 
        transportation usage in the corridor.
  [(c) Grant Requirements.--
          [(1) In general.--The Secretary may not approve a 
        grant for a project under this section unless the 
        Secretary determines that--
                  [(A) the project is part of an approved 
                transportation plan and program of projects 
                required under sections 5303, 5304, and 5306; 
                and
                  [(B) the applicant has, or will have--
                          [(i) the legal, financial, and 
                        technical capacity to carry out the 
                        project, including safety and security 
                        aspects of the project;
                          [(ii) satisfactory continuing control 
                        over the use of the equipment or 
                        facilities; and
                          [(iii) the capability and willingness 
                        to maintain the equipment or 
                        facilities.
          [(2) Certification.--An applicant that has submitted 
        the certifications required under subparagraphs (A), 
        (B), (C), and (H) of section 5307(d)(1) shall be deemed 
        to have provided sufficient information upon which the 
        Secretary may make the determinations required under 
        this subsection.
          [(3) Grantee requirements.--The Secretary shall 
        require that any grant awarded under this section to a 
        recipient be subject to all terms, conditions, 
        requirements, and provisions that the Secretary 
        determines to be necessary or appropriate for the 
        purposes of this section, including requirements for 
        the disposition of net increases in the value of real 
        property resulting from the project assisted under this 
        section.
  [(d) Major Capital Investment Grants of $75,000,000 or 
More.--
          [(1) Full funding grant agreement.--
                  [(A) In general.--A major new fixed guideway 
                capital project shall be carried out through a 
                full funding grant agreement.
                  [(B) Criteria.--The Secretary shall enter 
                into a full funding grant agreement, based on 
                the evaluations and ratings required under this 
                subsection, with each grantee receiving 
                assistance for a major new fixed guideway 
                capital project that--
                          [(i) is authorized for final design 
                        and construction; and
                          [(ii) has been rated as medium, 
                        medium-high, or high, in accordance 
                        with paragraph (5)(B).
          [(2) Approval of grants.--The Secretary may approve a 
        grant under this section for a major new fixed guideway 
        capital project only if the Secretary, based upon 
        evaluations and considerations set forth in paragraph 
        (3), determines that the project is--
                  [(A) based on the results of an alternatives 
                analysis and preliminary engineering;
                  [(B) justified based on a comprehensive 
                review of its mobility improvements, 
                environmental benefits, cost effectiveness, 
                operating efficiencies, economic development 
                effects, and public transportation supportive 
                land use policies and future patterns; and
                  [(C) supported by an acceptable degree of 
                local financial commitment (including evidence 
                of stable and dependable financing sources) to 
                construct, maintain, and operate the system or 
                extension, and maintain and operate the entire 
                public transportation system without requiring 
                a reduction in existing public transportation 
                services or level of service to operate the 
                proposed project.
          [(3) Evaluation of project justification.--In making 
        the determinations under paragraph (2)(B) for a major 
        capital investment grant, the Secretary shall analyze, 
        evaluate, and consider--
                  [(A) the results of the alternatives analysis 
                and preliminary engineering for the proposed 
                project;
                  [(B) the reliability of the forecasting 
                methods used to estimate costs and utilization 
                made by the recipient and the contractors to 
                the recipient;
                  [(C) the direct and indirect costs of 
                relevant alternatives;
                  [(D) factors such as--
                          [(i) congestion relief;
                          [(ii) improved mobility;
                          [(iii) air pollution;
                          [(iv) noise pollution;
                          [(v) energy consumption; and
                          [(vi) all associated ancillary and 
                        mitigation costs necessary to carry out 
                        each alternative analyzed;
                  [(E) reductions in local infrastructure costs 
                and other benefits achieved through compact 
                land use development, such as positive impacts 
                on the capacity, utilization, or longevity of 
                other surface transportation assets and 
                facilities;
                  [(F) the cost of suburban sprawl;
                  [(G) the degree to which the project 
                increases the mobility of the public 
                transportation dependent population or promotes 
                economic development;
                  [(H) population density and current transit 
                ridership in the transportation corridor;
                  [(I) the technical capability of the grant 
                recipient to construct the project;
                  [(J) any adjustment to the project 
                justification necessary to reflect differences 
                in local land, construction, and operating 
                costs; and
                  [(K) other factors that the Secretary 
                determines to be appropriate to carry out this 
                subsection.
          [(4) Evaluation of local financial commitment.--
                  [(A) In general.--In evaluating a project 
                under paragraph (2)(C), the Secretary shall 
                require that--
                          [(i) the proposed project plan 
                        provides for the availability of 
                        contingency amounts that the Secretary 
                        determines to be reasonable to cover 
                        unanticipated cost increases;
                          [(ii) each proposed local source of 
                        capital and operating financing is 
                        stable, reliable, and available within 
                        the proposed project timetable; and
                          [(iii) local resources are available 
                        to recapitalize and operate the overall 
                        proposed public transportation system, 
                        including essential feeder bus and 
                        other services necessary to achieve the 
                        projected ridership levels without 
                        requiring a reduction in existing 
                        public transportation services or level 
                        of service to operate the proposed 
                        project.
                  [(B) Evaluation criteria.--In assessing the 
                stability, reliability, and availability of 
                proposed sources of local financing under 
                paragraph (2)(C), the Secretary shall 
                consider--
                          [(i) the reliability of the 
                        forecasting methods used to estimate 
                        costs and utilization made by the 
                        recipient and the contractors to the 
                        recipient;
                          [(ii) existing grant commitments;
                          [(iii) the degree to which financing 
                        sources are dedicated to the proposed 
                        purposes;
                          [(iv) any debt obligation that 
                        exists, or is proposed by the 
                        recipient, for the proposed project or 
                        other public transportation purpose; 
                        and
                          [(v) the extent to which the project 
                        has a local financial commitment that 
                        exceeds the required non-Federal share 
                        of the cost of the project.
                  [(C) Consideration of fiscal capacity of 
                State and local governments.--If the Secretary 
                gives priority to financing projects under this 
                subsection that include more than the non-
                Federal share required under subsection (h), 
                the Secretary shall give equal consideration to 
                differences in the fiscal capacity of State and 
                local governments.
          [(5) Project advancement and ratings.--
                  [(A) Project advancement.--A proposed project 
                under this subsection shall not advance from 
                alternatives analysis to preliminary 
                engineering or from preliminary engineering to 
                final design and construction unless the 
                Secretary determines that the project meets the 
                requirements of this section and there is a 
                reasonable likelihood that the project will 
                continue to meet such requirements.
                  [(B) Ratings.--In making a determination 
                under subparagraph (A), the Secretary shall 
                evaluate and rate the project on a 5-point 
                scale (high, medium-high, medium, medium-low, 
                or low) based on the results of the 
                alternatives analysis, the project 
                justification criteria, and the degree of local 
                financial commitment, as required under this 
                subsection. In rating the projects, the 
                Secretary shall provide, in addition to the 
                overall project rating, individual ratings for 
                each of the criteria established by this 
                subsection and shall give comparable, but not 
                necessarily equal, numerical weight to each 
                project justification criteria in calculating 
                the overall project rating.
          [(6) Policy guidance.--
                  [(A) Publication.--The Secretary shall 
                publish policy guidance regarding the new fixed 
                guideway capital project review and evaluation 
                process and criteria--
                          [(i) not later than 120 days after 
                        the date of enactment of the Federal 
                        Public Transportation Act of 2005; and
                          [(ii) each time significant changes 
                        are made by the Secretary to the 
                        process and criteria, but not less 
                        frequently than once every 2 years.
                  [(B) Public comment and response.--The 
                Secretary shall--
                          [(i) invite public comment to the 
                        policy guidance published under 
                        subparagraph (A); and
                          [(ii) publish a response to the 
                        comments received under clause (i).
  [(e) Capital Investment Grants Less Than $75,000,000.--
          [(1) In general.--
                  [(A) Applicability of requirements.--Except 
                as provided by subparagraph (B), a new fixed 
                guideway capital project shall be subject to 
                the requirements of this subsection if the 
                Federal assistance provided or to be provided 
                under this section for the project is less than 
                $75,000,000 and the total estimated net capital 
                cost of the project is less than $250,000,000.
                  [(B) Projects receiving less than $25,000,000 
                in Federal assistance.--If the assistance 
                provided under this section with respect to a 
                new fixed guideway capital project is less than 
                $25,000,000, the requirements of this 
                subsection shall not apply to the project until 
                such date as the final regulation to be issued 
                under paragraph (9) takes effect.
          [(2) Selection criteria.--The Secretary may provide 
        Federal assistance under this subsection with respect 
        to a proposed project only if the Secretary finds that 
        the project is--
                  [(A) based on the results of planning and 
                alternatives analysis;
                  [(B) justified based on a review of its 
                public transportation supportive land use 
                policies, cost effectiveness, and effect on 
                local economic development; and
                  [(C) supported by an acceptable degree of 
                local financial commitment.
          [(3) Planning and alternatives.--In evaluating a 
        project under paragraph (2)(A), the Secretary shall 
        analyze and consider the results of planning and 
        alternatives analysis for the project.
          [(4) Project justification.--For purposes of making 
        the finding under paragraph (2)(B), the Secretary 
        shall--
                  [(A) determine the degree to which the 
                project is consistent with local land use 
                policies and is likely to achieve local 
                developmental goals;
                  [(B) determine the cost effectiveness of the 
                project at the time of the initiation of 
                revenue service;
                  [(C) determine the degree to which the 
                project will have a positive effect on local 
                economic development;
                  [(D) consider the reliability of the 
                forecasting methods used to estimate costs and 
                ridership associated with the project; and
                  [(E) consider other factors that the 
                Secretary determines appropriate to carry out 
                this subsection.
          [(5) Local financial commitment.--
                  [(A) In general.--For purposes of paragraph 
                (2)(C), the Secretary shall require that each 
                proposed local source of capital and operating 
                financing is stable, reliable, and available 
                within the proposed project timetable.
                  [(B) Consideration of fiscal capacity of 
                State and local governments.--If the Secretary 
                gives priority to financing projects under this 
                subsection that include more than the non-
                Federal share required under subsection (h), 
                the Secretary shall give equal consideration to 
                differences in the fiscal capacity of State and 
                local governments.
          [(6) Advancement of project to development and 
        construction.--
                  [(A) General rule.--A proposed project under 
                this subsection may advance from planning and 
                alternatives analysis to project development 
                and construction only if the Secretary finds 
                that the project meets the requirements of this 
                subsection and there is a reasonable likelihood 
                that the project will continue to meet such 
                requirements.
                  [(B) Evaluation.--In making the findings 
                under subparagraph (A), the Secretary shall 
                evaluate and rate the project as high, medium-
                high, medium, medium-low, or low based on the 
                results of the analysis of the project 
                justification criteria and the degree of local 
                financial commitment, as required by this 
                subsection and shall give comparable, but not 
                necessarily equal, numerical weight to each 
                project justification criteria in calculating 
                the overall project rating.
          [(7) Contents of project construction grant 
        agreement.--A project construction grant agreement 
        under this subsection shall specify the scope of the 
        project to be constructed, the estimated net project 
        cost of the project, the schedule under which the 
        project shall be constructed, the maximum amount of 
        funding to be obtained under this subsection, the 
        proposed schedule for obligation of future Federal 
        grants, and the sources of funding from other than the 
        Government. The agreement may include a commitment on 
        the part of the Secretary to provide funding for the 
        project in future fiscal years.
          [(8) Limitation on entry into construction grant 
        agreement.--The Secretary may enter into a project 
        construction grant agreement for a project under this 
        subsection only if the project is authorized for 
        construction and has been rated as high, medium-high, 
        or medium under this subsection.
          [(9) Regulations.--Not later than 240 days after the 
        date of enactment of the Federal Public Transportation 
        Act of 2005, the Secretary shall issue regulations 
        establishing an evaluation and rating process for 
        proposed projects under this subsection that is based 
        on the results of project justification and local 
        financial commitment, as required under this 
        subsection.
          [(10) Fixed guideway capital project.--In this 
        subsection, the term ``fixed guideway capital project'' 
        includes a corridor-based bus capital project if--
                  [(A) a substantial portion of the project 
                operates in a separate right-of-way dedicated 
                for public transit use during peak hour 
                operations; or
                  [(B) the project represents a substantial 
                investment in a defined corridor as 
                demonstrated by features such as park-and-ride 
                lots, transit stations, bus arrival and 
                departure signage, intelligent transportation 
                systems technology, traffic signal priority, 
                off-board fare collection, advanced bus 
                technology, and other features that support the 
                long-term corridor investment.
          [(11) Impact report.--
                  [(A) In general.--Not later than 120 days 
                after the date of enactment of the Federal 
                Public Transportation Act of 2005, the Federal 
                Transit Administration shall submit to the 
                Committee on Banking, Housing, and Urban 
                Affairs of the Senate and the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives a report on the methodology 
                to be used in evaluating the land use and 
                economic development impacts of non-fixed 
                guideway or partial fixed guideway projects.
                  [(B) Contents.--The report submitted under 
                subparagraph (A) shall address any qualitative 
                and quantitative differences between fixed 
                guideway and non-fixed guideway projects with 
                respect to land use and economic development 
                impacts.
  [(f) Previously Issued Letter of Intent or Full Funding Grant 
Agreement.--Subsections (d) and (e) do not apply to projects 
for which the Secretary has issued a letter of intent or 
entered into a full funding grant agreement before the date of 
enactment of the Federal Public Transportation Act of 2005. 
Subsection (e) also does not apply to projects for which the 
Secretary has received an application for final design before 
such date of enactment.
  [(g) Letters of Intent, Full Funding Grant Agreements, and 
Early Systems Work Agreements.--
          [(1) Letters of intent.--
                  [(A) Amounts intended to be obligated.--The 
                Secretary may issue a letter of intent to an 
                applicant announcing an intention to obligate, 
                for a capital project under this section, an 
                amount from future available budget authority 
                specified in law that is not more than the 
                amount stipulated as the financial 
                participation of the Secretary in the project. 
                When a letter is issued for fixed guideway 
                projects, the amount shall be sufficient to 
                complete at least an operable segment.
                  [(B) Treatment.--The issuance of a letter 
                under subparagraph (A) is deemed not to be an 
                obligation under sections 1108(c), 1108(d), 
                1501, and 1502(a) of title 31 or an 
                administrative commitment.
          [(2) Full funding grant agreements.--
                  [(A) Terms.--The Secretary may make a full 
                funding grant agreement with an applicant. The 
                agreement shall--
                          [(i) establish the terms of 
                        participation by the Government in a 
                        project under this section;
                          [(ii) establish the maximum amount of 
                        Government financial assistance for the 
                        project;
                          [(iii) cover the period of time for 
                        completing the project, including a 
                        period extending beyond the period of 
                        an authorization; and
                          [(iv) make timely and efficient 
                        management of the project easier 
                        according to the law of the United 
                        States.
                  [(B) Special financial rules.--
                          [(i) In general.--A full funding 
                        grant agreement under this paragraph 
                        obligates an amount of available budget 
                        authority specified in law and may 
                        include a commitment, contingent on 
                        amounts to be specified in law in 
                        advance for commitments under this 
                        paragraph, to obligate an additional 
                        amount from future available budget 
                        authority specified in law.
                          [(ii) Statement of contingent 
                        commitment.--The agreement shall state 
                        that the contingent commitment is not 
                        an obligation of the Government.
                          [(iii) Interest and other financing 
                        costs.--Interest and other financing 
                        costs of efficiently carrying out a 
                        part of the project within a reasonable 
                        time are a cost of carrying out the 
                        project under a full funding grant 
                        agreement, except that eligible costs 
                        may not be more than the cost of the 
                        most favorable financing terms 
                        reasonably available for the project at 
                        the time of borrowing. The applicant 
                        shall certify, in a way satisfactory to 
                        the Secretary, that the applicant has 
                        shown reasonable diligence in seeking 
                        the most favorable financing terms.
                          [(iv) Completion of operable 
                        segment.--The amount stipulated in an 
                        agreement under this paragraph for a 
                        fixed guideway project shall be 
                        sufficient to complete at least an 
                        operable segment.
                  [(C) Before and after study.--
                          [(i) In general.--A full funding 
                        grant agreement under this paragraph 
                        shall require the applicant to conduct 
                        a study that--
                                  [(I) describes and analyzes 
                                the impacts of the new fixed 
                                guideway capital project on 
                                transit services and transit 
                                ridership;
                                  [(II) evaluates the 
                                consistency of predicted and 
                                actual project characteristics 
                                and performance; and
                                  [(III) identifies sources of 
                                differences between predicted 
                                and actual outcomes.
                          [(ii) Information collection and 
                        analysis plan.--
                                  [(I) Submission of plan.--
                                Applicants seeking an agreement 
                                under this paragraph shall 
                                submit a complete plan for the 
                                collection and analysis of 
                                information to identify the 
                                impacts of the new fixed 
                                guideway capital project and 
                                the accuracy of the forecasts 
                                prepared during the development 
                                of the project. Preparation of 
                                this plan shall be included in 
                                the full funding grant 
                                agreement as an eligible 
                                activity.
                                  [(II) Contents of plan.--The 
                                plan submitted under subclause 
                                (I) shall provide for--
                                          [(aa) the collection 
                                        of data on the current 
                                        transit system 
                                        regarding transit 
                                        service levels and 
                                        ridership patterns, 
                                        including origins and 
                                        destinations, access 
                                        modes, trip purposes, 
                                        and rider 
                                        characteristics;
                                          [(bb) documentation 
                                        of the predicted scope, 
                                        service levels, capital 
                                        costs, operating costs, 
                                        and ridership of the 
                                        project;
                                          [(cc) collection of 
                                        data on the transit 
                                        system 2 years after 
                                        the opening of the new 
                                        fixed guideway capital 
                                        project, including 
                                        analogous information 
                                        on transit service 
                                        levels and ridership 
                                        patterns and 
                                        information on the as-
                                        built scope and capital 
                                        costs of the project; 
                                        and
                                          [(dd) analysis of the 
                                        consistency of 
                                        predicted project 
                                        characteristics with 
                                        the after data.
                  [(D) Collection of data on current system.--
                To be eligible for a full funding grant 
                agreement under this paragraph, recipients 
                shall have collected data on the current 
                system, according to the plan required, before 
                the beginning of construction of the proposed 
                new start project. Collection of this data 
                shall be included in the full funding grant 
                agreement as an eligible activity.
          [(3) Early system work agreements.--
                  [(A) Conditions.--The Secretary may make an 
                early systems work agreement with an applicant 
                if a record of decision under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) has been issued on the project 
                and the Secretary finds there is reason to 
                believe--
                          [(i) a full funding grant agreement 
                        for the project will be made; and
                          [(ii) the terms of the work agreement 
                        will promote ultimate completion of the 
                        project more rapidly and at less cost.
                  [(B) Contents.--
                          [(i) In general.--A work agreement 
                        under this paragraph obligates an 
                        amount of available budget authority 
                        specified in law and shall provide for 
                        reimbursement of preliminary costs of 
                        carrying out the project, including 
                        land acquisition, timely procurement of 
                        system elements for which 
                        specifications are decided, and other 
                        activities the Secretary decides are 
                        appropriate to make efficient, long- 
                        term project management easier.
                          [(ii) Period covered.--A work 
                        agreement under this paragraph shall 
                        cover the period of time the Secretary 
                        considers appropriate. The period may 
                        extend beyond the period of current 
                        authorization.
                          [(iii) Interest and other financing 
                        costs.--Interest and other financing 
                        costs of efficiently carrying out the 
                        work agreement within a reasonable time 
                        are a cost of carrying out the 
                        agreement, except that eligible costs 
                        may not be more than the cost of the 
                        most favorable financing terms 
                        reasonably available for the project at 
                        the time of borrowing. The applicant 
                        shall certify, in a way satisfactory to 
                        the Secretary, that the applicant has 
                        shown reasonable diligence in seeking 
                        the most favorable financing terms.
                          [(iv) Failure to carry out project.--
                        If an applicant does not carry out the 
                        project for reasons within the control 
                        of the applicant, the applicant shall 
                        repay all Government payments made 
                        under the work agreement plus 
                        reasonable interest and penalty charges 
                        the Secretary establishes in the 
                        agreement.
          [(4) Limitation on amounts.--
                  [(A) Major capital investment grants 
                contingent commitment authority.--The total 
                estimated amount of future obligations of the 
                Government and contingent commitments to incur 
                obligations covered by all outstanding letters 
                of intent, full funding grant agreements, and 
                early systems work agreements under this 
                subsection for major new fixed guideway capital 
                projects may be not more than the greater of 
                the amount authorized under sections 5338(a)(3) 
                and 5338(c) for such projects or an amount 
                equivalent to the last 3 fiscal years of 
                funding allocated under subsections (m)(1)(A) 
                and (m)(2)(A)(ii) for such projects, less an 
                amount the Secretary reasonably estimates is 
                necessary for grants under this section for 
                those of such projects that are not covered by 
                a letter or agreement. The total amount covered 
                by new letters and contingent commitments 
                included in full funding grant agreements and 
                early systems work agreements for such projects 
                may be not more than a limitation specified in 
                law.
                  [(B) Other contingent commitment authority.--
                The total estimated amount of future 
                obligations of the Government and contingent 
                commitments to incur obligations covered by all 
                project construction grant agreements and early 
                system work agreements under this subsection 
                for small capital projects described in 
                subsection (e) may be not more than the greater 
                of the amount allocated under subsection 
                (m)(2)(A)(i) for such projects or an amount 
                equivalent to the last fiscal year of funding 
                allocated under such subsection for such 
                projects, less an amount the Secretary 
                reasonably estimates is necessary for grants 
                under this section for those of such projects 
                that are not covered by an agreement. The total 
                amount covered by new contingent commitments 
                included in project construction grant 
                agreements and early systems work agreements 
                for such projects may be not more than a 
                limitation specified in law.
                  [(C) Inclusion of certain commitments.--
                Future obligations of the Government and 
                contingent commitments made against the 
                contingent commitment authority under section 
                3032(g)(2) of the Intermodal Surface 
                Transportation Efficiency Act of 1991 (106 
                Stat. 2125) for the San Francisco BART to the 
                Airport project for fiscal years 2002, 2003, 
                2004, 2005, and 2006 shall be charged against 
                section 3032(g)(2) of that Act.
                  [(D) Appropriation required.--An obligation 
                may be made under this subsection only when 
                amounts are appropriated for the obligation.
          [(5) Notification of Congress.--At least 60 days 
        before issuing a letter of intent or entering into a 
        full funding grant agreement or project construction 
        grant agreement under this section, the Secretary shall 
        notify, in writing, the Committees on Transportation 
        and Infrastructure and Appropriations of the House of 
        Representatives and the Committees on Banking, Housing, 
        and Urban Affairs and Appropriations of the Senate of 
        the proposed letter or agreement. The Secretary shall 
        include with the notification a copy of the proposed 
        letter or agreement as well as the evaluations and 
        ratings for the project.
  [(h) Government's Share of Net Project Cost.--
          [(1) In general.--Based on engineering studies, 
        studies of economic feasibility, and information on the 
        expected use of equipment or facilities, the Secretary 
        shall estimate the net project cost. A grant for the 
        project shall be for 80 percent of the net capital 
        project cost, unless the grant recipient requests a 
        lower grant percentage.
          [(2) Adjustment for completion under budget.--The 
        Secretary may adjust the final net project cost of a 
        new fixed guideway capital project evaluated under 
        subsections (d) and (e) to include the cost of eligible 
        activities not included in the originally defined 
        project if the Secretary determines that the originally 
        defined project has been completed at a cost that is 
        significantly below the original estimate.
          [(3) Maximum government share.--The Secretary may 
        provide a higher grant percentage than requested by the 
        grant recipient if--
                  [(A) the Secretary determines that the net 
                project cost of the project is not more than 10 
                percent higher than the net project cost 
                estimated at the time the project was approved 
                for advancement into preliminary engineering; 
                and
                  [(B) the ridership estimated for the project 
                is not less than 90 percent of the ridership 
                estimated for the project at the time the 
                project was approved for advancement into 
                preliminary engineering.
          [(4) Remainder of net project cost.--The remainder of 
        net project costs shall be provided from an 
        undistributed cash surplus, a replacement or 
        depreciation cash fund or reserve, or new capital.
          [(5) Limitation on statutory construction.--Nothing 
        in this section, including paragraph (1) and 
        subsections (d)(4)(B)(v) and (e)(5), shall be construed 
        as authorizing the Secretary to require a non-Federal 
        financial commitment for a project that is more than 20 
        percent of the net capital project cost.
          [(6) Special rule for rolling stock costs.--In 
        addition to amounts allowed pursuant to paragraph (1), 
        a planned extension to a fixed guideway system may 
        include the cost of rolling stock previously purchased 
        if the applicant satisfies the Secretary that only 
        amounts other than amounts of the Government were used 
        and that the purchase was made for use on the 
        extension. A refund or reduction of the remainder may 
        be made only if a refund of a proportional amount of 
        the grant of the Government is made at the same time.
          [(7) Limitation on applicability.--This subsection 
        does not apply to projects for which the Secretary has 
        entered into a full funding grant agreement before the 
        date of enactment of the Federal Public Transportation 
        Act of 2005.
  [(i) Undertaking Projects in Advance.--
          [(1) In general.--The Secretary may pay the 
        Government's share of the net capital project cost to a 
        State or local governmental authority that carries out 
        any part of a project described in this section without 
        the aid of amounts of the Government and according to 
        all applicable procedures and requirements if--
                  [(A) the State or local governmental 
                authority applies for the payment;
                  [(B) the Secretary approves the payment; and
                  [(C) before carrying out the part of the 
                project, the Secretary approves the plans and 
                specifications for the part in the same way as 
                other projects under this section.
          [(2) Financing costs.--
                  [(A) In general.--The cost of carrying out 
                part of a project includes the amount of 
                interest earned and payable on bonds issued by 
                the State or local governmental authority to 
                the extent proceeds of the bonds are expended 
                in carrying out the part.
                  [(B) Limitation on amount of interest.--The 
                amount of interest under this paragraph may not 
                be more than the most favorable interest terms 
                reasonably available for the project at the 
                time of borrowing.
                  [(C) Certification.--The applicant shall 
                certify, in a manner satisfactory to the 
                Secretary, that the applicant has shown 
                reasonable diligence in seeking the most 
                favorable financial terms.
  [(j) Availability of Amounts.--
          [(1) In general.--An amount made available or 
        appropriated under section 5338(a)(3)(C)(iii), 
        5338(a)(3)(C)(iv), 5338(b)(2)(E), or 5338(c) for 
        replacement, rehabilitation, and purchase of buses and 
        related equipment and construction of bus-related 
        facilities or for new fixed guideway capital projects 
        shall remain available for 3 fiscal years, including 
        the fiscal year in which the amount is made available 
        or appropriated. Any of such amounts that are 
        unobligated at the end of the 3-fiscal-year period may 
        be used by the Secretary for any purpose under this 
        section.
          [(2) Use of deobligated amounts.--An amount available 
        under this section that is deobligated may be used for 
        any purpose under this section.
  [(k) Reports on New Starts.--
          [(1) Annual report on funding recommendations.--Not 
        later than the first Monday in February of each year, 
        the Secretary shall submit to the Committees on 
        Transportation and Infrastructure and Appropriations of 
        the House of Representatives and the Committees on 
        Banking, Housing, and Urban Affairs and Appropriations 
        of the Senate a report that includes--
                  [(A) a proposal of allocations of amounts to 
                be available to finance grants for new fixed 
                guideway capital projects among applicants for 
                these amounts;
                  [(B) evaluations and ratings, as required 
                under subsections (d) and (e), for each such 
                project that is authorized by the Federal 
                Public Transportation Act of 2005; and
                  [(C) recommendations of such projects for 
                funding based on the evaluations and ratings 
                and on existing commitments and anticipated 
                funding levels for the next 3 fiscal years 
                based on information currently available to the 
                Secretary.
          [(2) Annual GAO review.--The Comptroller General 
        shall--
                  [(A) conduct an annual review of--
                          [(i) the processes and procedures for 
                        evaluating, rating, and recommending 
                        new fixed guideway capital projects; 
                        and
                          [(ii) the Secretary's implementation 
                        of such processes and procedures; and
                  [(B) report to Congress on the results of 
                such review by May 31 of each year.
  [(l) Other Reports.--
          [(1) Before and after study reports.--Not later than 
        the first Monday of August of each year, the Secretary 
        shall submit to the committees referred to in 
        subsection (k)(1) a report containing a summary of the 
        results of the studies conducted under subsection 
        (g)(2)(C).
          [(2) Contractor performance assessment report.--
                  [(A) In general.--Not later than 180 days 
                after the enactment of the Federal Public 
                Transportation Act of 2005, and each year 
                thereafter, the Secretary shall submit to the 
                committees referred to in subsection (k)(1) a 
                report analyzing the consistency and accuracy 
                of cost and ridership estimates made by each 
                contractor to public transportation agencies 
                developing new fixed guideway capital projects.
                  [(B) Contents.--The report submitted under 
                subparagraph (A) shall compare the cost and 
                ridership estimates made at the time projects 
                are approved for entrance into preliminary 
                engineering with--
                          [(i) estimates made at the time 
                        projects are approved for entrance into 
                        final design;
                          [(ii) costs and ridership when the 
                        project commences revenue operation; 
                        and
                          [(iii) costs and ridership when the 
                        project has been in operation for 2 
                        years.
                  [(C) Considerations.--In making comparisons 
                under subparagraph (B), the Secretary shall 
                consider factors having an impact on costs and 
                ridership not under the control of the 
                contractor. The Secretary shall also consider 
                the role taken by each contractor in the 
                development of the project.
          [(3) Contractor performance incentive report.--Not 
        later than 180 days after the enactment of the Federal 
        Public Transportation Act of 2005, the Secretary shall 
        submit to the committees referred to in subsection 
        (k)(1) a report on the suitability of allowing 
        contractors to public transportation agencies that 
        undertake new fixed guideway capital projects under 
        this section to receive performance incentive awards if 
        a project is completed for less than the original 
        estimated cost.
  [(m) Allocating Amounts.--
          [(1) Fiscal year 2005.--Of the amounts made available 
        or appropriated for fiscal year 2005 under section 
        5338(a)(3)--
                  [(A) $1,437,829,600 shall be allocated for 
                new fixed capital projects under subsection 
                (d);
                  [(B) $1,204,684,800 shall be allocated for 
                capital projects for fixed guideway 
                modernization; and
                  [(C) $669,600,000 shall be allocated for 
                capital projects for buses and bus-related 
                equipment and facilities.
          [(2) Fiscal years 2006 through 2011 and the period 
        beginning on October 1, 2011, and ending on March 31, 
        2012.--The amounts made available or appropriated for 
        fiscal years 2006 through 2012 under sections 5338(b) 
        and 5338(c) shall be allocated as follows:
                  [(A) Capital investment grants.--Of the 
                amounts appropriated under section 5338(c)--
                          [(i) $200,000,000 for each of fiscal 
                        years 2007 through 2012 shall be 
                        allocated for projects for new fixed 
                        guideway capital projects of less than 
                        $75,000,000 in accordance with 
                        subsection (e); and
                          [(ii) the remainder shall be 
                        allocated for major new fixed guideway 
                        capital projects in accordance with 
                        subsection (d).
                  [(B) Fixed guideway modernization.--The 
                amounts made available under section 
                5338(b)(2)(D) shall be allocated for capital 
                projects for fixed guideway modernization.
                  [(C) Buses and bus-related equipment and 
                facilities.--The amounts made available under 
                section 5338(b)(2)(E) shall be allocated for 
                capital projects for buses and bus-related 
                equipment and facilities.
          [(3) Fixed guideway modernization.--The amounts made 
        available for fixed guideway modernization under 
        section 5338(b)(2)(D) for fiscal year 2006 and each 
        fiscal year thereafter shall be allocated in accordance 
        with section 5337.
          [(4) Preliminary engineering and alternatives 
        analysis.--Not more that 8 percent of the allocation 
        described in paragraph (1)(A) may be expended on 
        alternatives analysis and preliminary engineering.
          [(5) Preliminary engineering.--Not more than 8 
        percent of the allocation described in paragraph (2)(A) 
        may be expended on preliminary engineering.
          [(6) Funding for ferry boats.--Of the amounts 
        described in paragraphs (1)(A) and (2)(A)--
                  [(A) $10,400,000 shall be available in fiscal 
                year 2005 for capital projects in Alaska and 
                Hawaii for new fixed guideway systems and 
                extension projects utilizing ferry boats, ferry 
                boat terminals, or approaches to ferry boat 
                terminals;
                  [(B) $15,000,000 shall be available in each 
                of fiscal years 2006 through 2012 for capital 
                projects in Alaska and Hawaii for new fixed 
                guideway ferry systems and extension projects 
                utilizing ferry boats, ferry boat terminals, or 
                approaches to ferry boat terminals; and
                  [(C) $5,000,000 shall be available for each 
                of fiscal years 2006 though 2012 for payments 
                to the Denali Commission under the terms of 
                section 307(e) of the Denali Commission Act of 
                1998 (42 U.S.C. 3121 note) for docks, 
                waterfront development projects, and related 
                transportation infrastructure.
          [(7) Bus and bus facility grants.--The amounts made 
        available under paragraphs (1)(C) and (2)(C) shall be 
        allocated as follows:
                  [(A) Ferry boat systems.--$10,000,000 shall 
                be available in each of fiscal years 2006 
                through 2012 for ferry boats or ferry terminal 
                facilities. Of such funds, the following 
                amounts shall be set aside for each fiscal 
                year:
                          [(i) $2,500,000 for the San Francisco 
                        Water Transit Authority.
                          [(ii) $2,500,000 for the 
                        Massachusetts Bay Transportation 
                        Authority Ferry System.
                          [(iii) $1,000,000 for the Camden, New 
                        Jersey Ferry System.
                          [(iv) $1,000,000 for the Governor's 
                        Island, New York Ferry System.
                          [(v) $1,000,000 for the Philadelphia 
                        Penn's Landing Ferry Terminal.
                          [(vi) $1,000,000 for the Staten 
                        Island Ferry.
                          [(vii) $650,000 for the Maine State 
                        Ferry Service, Rockland.
                          [(viii) $350,000 for the Swans 
                        Island, Maine Ferry Service.
                  [(B) Fuel cell bus program.--The following 
                amounts shall be set aside for the national 
                fuel cell bus technology development program 
                under section 3045 of the Federal Public 
                Transportation Act of 2005:
                          [(i) $11,250,000 for fiscal year 
                        2006.
                          [(ii) $11,500,000 for fiscal year 
                        2007.
                          [(iii) $12,750,000 for fiscal year 
                        2008.
                          [(iv) $13,500,000 for fiscal year 
                        2009.
                          [(v) $13,500,000 for fiscal year 
                        2010.
                          [(vi) $13,500,000 for fiscal year 
                        2011.
                          [(vii) $6,750,000 for the period 
                        beginning on October 1, 2011, and 
                        ending on March 31, 2012.
                          [(vii) $13,500,000 for fiscal year 
                        2012.
                  [(C) Projects not in urbanized areas.--Not 
                less than 5.5 percent shall be available in 
                each fiscal year for projects that are not in 
                urbanized areas.
                  [(D) Intermodal terminals.--Not less than 
                $35,000,000 shall be available in each fiscal 
                year for intermodal terminal projects, 
                including the intercity bus portion of such 
                projects.
                  [(E) Bus testing.--$3,000,000 shall be 
                available in each fiscal year for bus testing 
                under section 5318.
          [(8) Bus and bus facility grant considerations.--In 
        making grants under paragraphs (1)(C) and (2)(C), the 
        Secretary shall consider the age and condition of 
        buses, bus fleets, related equipment, and bus-related 
        facilities.

[Sec. 5310. Formula grants for special needs of elderly individuals and 
                    individuals with disabilities

  [(a) General Authority.--
          [(1) Grants.--The Secretary may make grants to States 
        and local governmental authorities under this section 
        for public transportation capital projects planned, 
        designed, and carried out to meet the special needs of 
        elderly individuals and individuals with disabilities.
          [(2) Subrecipients.--A State that receives a grant 
        under this section may allocate the amounts provided 
        under the grant to--
                  [(A) a private nonprofit organization, if the 
                public transportation service provided under 
                paragraph (1) is unavailable, insufficient, or 
                inappropriate; or
                  [(B) a governmental authority that--
                          [(i) is approved by the State to 
                        coordinate services for elderly 
                        individuals and individuals with 
                        disabilities; or
                          [(ii) certifies that there are not 
                        any nonprofit organizations readily 
                        available in the area to provide the 
                        services described under paragraph (1).
          [(3) Acquiring public transportation services.--A 
        public transportation capital project under this 
        section may include acquisition of public 
        transportation services as an eligible capital expense.
          [(4) Administrative expenses.--A State or local 
        governmental authority may use not more than 10 percent 
        of the amounts apportioned to the State under this 
        section to administer, plan, and provide technical 
        assistance for a project funded under this section.
  [(b) Apportionment and Transfers.--
          [(1) Formula.--The Secretary shall apportion amounts 
        made available to carry out this section under a 
        formula the Secretary administers that considers the 
        number of elderly individuals and individuals with 
        disabilities in each State.
          [(2) Transfer of funds.--Any funds apportioned to a 
        State under paragraph (1) may be transferred by the 
        State to the apportionments made under sections 5311(c) 
        and 5336 if such funds are only used for eligible 
        projects selected under this section.
  [(c) Government's Share of Costs.--
          [(1) Capital projects.--
                  [(A) In general.--A grant for a capital 
                project under this section shall be for 80 
                percent of the net capital costs of the 
                project, as determined by the Secretary.
                  [(B) Exception.--A State described in section 
                120(b) of title 23 shall receive an increased 
                Government share in accordance with the formula 
                under that section.
          [(2) Remainder.--The remainder of the net project 
        costs--
                  [(A) may be provided from an undistributed 
                cash surplus, a replacement or depreciation 
                cash fund or reserve, a service agreement with 
                a State or local social service agency or a 
                private social service organization, or new 
                capital;
                  [(B) may be derived from amounts appropriated 
                or otherwise made available to a department or 
                agency of the Government (other than the 
                Department of Transportation) that are eligible 
                to be expended for transportation; and
                  [(C) notwithstanding subparagraph (B), may be 
                derived from amounts made available to carry 
                out the Federal lands highway program 
                established by section 204 of title 23.
          [(3) Use of certain funds.--For purposes of paragraph 
        (2)(B), the prohibitions on the use of funds for 
        matching requirements under section 403(a)(5)(C)(vii) 
        of the Social Security Act (42 U.S.C. 
        603(a)(5)(C)(vii)) shall not apply to Federal or State 
        funds to be used for transportation purposes.
  [(d) Grant Requirements.--
          [(1) In general.--A grant under this section shall be 
        subject to all requirements of a grant under section 
        5307 to the extent the Secretary determines 
        appropriate.
          [(2) Certification requirements.--
                  [(A) Fund transfers.--A grant recipient under 
                this section that transfers funds to a project 
                funded under section 5336 in accordance with 
                subsection (b)(2) shall certify that the 
                project for which the funds are requested has 
                been coordinated with private nonprofit 
                providers of services under this section.
                  [(B) Project selection and plan 
                development.--Beginning in fiscal year 2007, 
                each grant recipient under this section shall 
                certify that--
                          [(i) the projects selected were 
                        derived from a locally developed, 
                        coordinated public transit-human 
                        services transportation plan; and
                          [(ii) the plan was developed through 
                        a process that included representatives 
                        of public, private, and nonprofit 
                        transportation and human services 
                        providers and participation by the 
                        public.
                  [(C) Allocations to subrecipients.--Each 
                grant recipient under this section shall 
                certify that allocations of the grant to 
                subrecipients, if any, are distributed on a 
                fair and equitable basis.
  [(e) State Program of Projects.--
          [(1) In general.--Amounts made available to carry out 
        this section may be used for transportation projects to 
        assist in providing transportation services for elderly 
        individuals and individuals with disabilities that are 
        included in a State program of projects.
          [(2) Submission and approval.--A State shall submit 
        to the Secretary annually for approval a program of 
        projects. The program shall contain an assurance that 
        the program provides for maximum feasible coordination 
        of transportation services assisted under this section 
        with transportation services assisted by other 
        Government sources.
  [(f) Leasing Vehicles.--Vehicles acquired under this section 
may be leased to local governmental authorities to improve 
transportation services designed to meet the special needs of 
elderly individuals and individuals with disabilities.
  [(g) Meal Delivery for Homebound Individuals.--Public 
transportation service providers receiving assistance under 
this section or section 5311(c) may coordinate and assist in 
regularly providing meal delivery service for homebound 
individuals if the delivery service does not conflict with 
providing public transportation service or reduce service to 
public transportation passengers.
  [(h) Transfers of Facilities and Equipment.--With the consent 
of the recipient in possession of a facility or equipment 
acquired with a grant under this section, a State may transfer 
the facility or equipment to any recipient eligible to receive 
assistance under this chapter if the facility or equipment will 
continue to be used as required under this section.]

Sec. 5309. Capital investment grants

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) New fixed guideway capital project.--The term 
        ``new fixed guideway capital project'' means an 
        operable segment of a capital project for a new fixed 
        guideway system or extension to an existing fixed 
        guideway system.
          (2) New start project.--The term ``new start 
        project'' means a new fixed guideway capital project 
        for which the Federal assistance provided or to be 
        provided under this section is $75,000,000 or more.
          (3) Small start project.--The term ``small start 
        project'' means a new fixed guideway capital project 
        for which--
                  (A) the Federal assistance provided or to be 
                provided under this section is less than 
                $75,000,000; and
                  (B) the total estimated net capital cost is 
                less than $250,000,000.
  (b) General Authority.--The Secretary may make grants under 
this section to assist State and local governmental authorities 
in financing--
          (1) new fixed guideway capital projects under 
        subsections (d) and (e), including the acquisition of 
        real property, the initial acquisition of rolling stock 
        for the systems, the acquisition of rights-of-way, and 
        relocation assistance, for fixed guideway corridor 
        development for projects in the advanced stages of 
        planning or in project development; and
          (2) the development of corridors to support new fixed 
        guideway capital projects under subsections (d) and 
        (e), including protecting rights-of-way through 
        acquisition, construction of dedicated bus and high 
        occupancy vehicle lanes, park and ride lots, and other 
        nonvehicular capital improvements that the Secretary 
        may determine would result in increased public 
        transportation usage in the corridor.
  (c) Grant Requirements.--
          (1) In general.--The Secretary may not approve a 
        grant under this section unless the Secretary 
        determines that--
                  (A) the project is part of an approved long-
                range transportation plan and program of 
                projects required under sections 5203, 5204, 
                and 5306; and
                  (B) the applicant has, or will have--
                          (i) the legal, financial, and 
                        technical capacity to carry out the 
                        project, including safety and security 
                        aspects of the project;
                          (ii) satisfactory continuing control 
                        over the use of the equipment or 
                        facilities; and
                          (iii) the capability and willingness 
                        to maintain the equipment or 
                        facilities.
          (2) Certification.--An applicant that has submitted 
        the certifications required under subparagraphs (A), 
        (B), (C), and (H) of section 5307(d)(1) shall be deemed 
        to have provided sufficient information upon which the 
        Secretary may make the determinations required under 
        this subsection.
          (3) Grantee requirements.--The Secretary shall 
        require that any grant awarded under this section to a 
        recipient be subject to all terms, conditions, 
        requirements, and provisions that the Secretary 
        determines to be necessary or appropriate for the 
        purposes of this section, including requirements for 
        the disposition of net increases in the value of real 
        property resulting from the project assisted under this 
        section.
  (d) New Start Projects.--
          (1) Full funding grant agreement.--
                  (A) In general.--A new start project shall be 
                carried out through a full funding grant 
                agreement.
                  (B) Criteria.--The Secretary shall enter into 
                a full funding grant agreement, based on the 
                evaluations and ratings required under this 
                subsection, with each grantee receiving 
                assistance for a new start project that--
                          (i) is authorized for project 
                        development; and
                          (ii) has been rated as high, medium-
                        high, or medium, in accordance with 
                        paragraph (5).
          (2) Approval of grants.--The Secretary may approve a 
        grant under this section for a new start project only 
        if the Secretary, based upon evaluations and 
        considerations set forth in paragraph (3), determines 
        that the project--
                  (A) has been adopted as the locally preferred 
                alternative as part of the long-range 
                transportation plan required under section 
                5203;
                  (B) is based on the results of an evaluation 
                of the benefits of the project as set forth in 
                paragraph (3); and
                  (C) is supported by an acceptable degree of 
                local financial commitment (including evidence 
                of stable and dependable financing sources) to 
                construct, maintain, and operate the system or 
                extension, and maintain and operate the entire 
                public transportation system without requiring 
                a reduction in existing public transportation 
                services or level of service to operate the 
                project.
          (3) Evaluation of benefits and federal investment.--
        In making a determination for a new start project under 
        paragraph (2)(B), the Secretary shall analyze, 
        evaluate, and consider the following evaluation 
        criteria for the project (as compared to a no-action 
        alternative):
                  (A) The cost effectiveness of the project.
                  (B) The mobility and accessibility benefits 
                of the project, including direct intermodal 
                connectivity with other modes of 
                transportation.
                  (C) The degree of congestion relief 
                anticipated as a result of the project.
                  (D) The reductions in energy consumption and 
                air pollution associated with the project.
                  (E) The economic development effects 
                associated with the project.
                  (F) The private contributions to the project, 
                including cost-effective project delivery, 
                management or transfer of project risks, 
                expedited project schedule, financial 
                partnering, and other public-private 
                strategies.
          (4) Evaluation of local financial commitment.--In 
        making a determination for a new start project under 
        paragraph (2)(C), the Secretary shall--
                  (A) require that the proposed project plan 
                provide for the availability of contingency 
                amounts that the Secretary determines to be 
                reasonable to cover unanticipated cost 
                increases;
                  (B) require that each proposed local source 
                of capital and operating financing is stable, 
                reliable, and available within the project 
                timetable;
                  (C) consider private contributions to the 
                project, including cost-effective project 
                delivery, management or transfer of project 
                risks, expedited project schedule, financial 
                partnering, and other public-private 
                partnership strategies;
                  (D) consider the extent to which the project 
                has a local financial commitment that exceeds 
                the required non-Federal share of the cost of 
                the project; and
                  (E) consider the elements of the overall 
                proposed public transportation system advanced 
                with 100 percent non-Federal funds.
          (5) Ratings.--In carrying out paragraphs (3) and (4) 
        for a new start project, the Secretary shall evaluate 
        and rate the project on a 5-point scale (high, medium-
        high, medium, medium-low, or low) based on an 
        evaluation of the benefits of the project as compared 
        to the Federal assistance to be provided and the degree 
        of local financial commitment, as required under this 
        subsection. In rating the projects, the Secretary shall 
        provide, in addition to the overall project rating, 
        individual ratings for each of the criteria established 
        by this subsection and shall give comparable, but not 
        necessarily equal, numerical weight to the benefits 
        that the project will bring to the community in 
        calculating the overall project rating.
  (e) Small Start Projects.--
          (1) In general.--
                  (A) Applicability of requirements.--Except as 
                provided by subparagraph (B), a small start 
                project shall be subject to the requirements of 
                this subsection.
                  (B) Projects receiving less than $25,000,000 
                in federal assistance.--If the assistance 
                provided under this section for a small start 
                project is less than $25,000,000--
                          (i) the requirements of this 
                        subsection shall not apply to the 
                        project if determined appropriate by 
                        the Secretary; and
                          (ii) the Secretary shall utilize 
                        special warrants described in 
                        subsection (n) to advance the project 
                        and provide Federal assistance as 
                        appropriate.
          (2) Selection criteria.--The Secretary may provide 
        Federal assistance for a small start project under this 
        subsection only if the Secretary determines that the 
        project--
                  (A) has been adopted as the locally preferred 
                alternative as part of the long-range 
                transportation plan required under section 
                5203;
                  (B) is based on the results of an analysis of 
                the benefits of the project as set forth in 
                paragraph (3); and
                  (C) is supported by an acceptable degree of 
                local financial commitment.
          (3) Evaluation of benefits and federal investment.--
        In making a determination for a small start project 
        under paragraph (2)(B), the Secretary shall analyze, 
        evaluate, and consider the following evaluation 
        criteria for the project (as compared to a no-action 
        alternative):
                  (A) The cost effectiveness of the project.
                  (B) The mobility and accessibility benefits 
                of the project, including direct intermodal 
                connectivity with other modes of 
                transportation.
                  (C) The degree of congestion relief 
                anticipated as a result of the project.
                  (D) The economic development effects 
                associated with the project.
          (4) Evaluation of local financial commitment.--For 
        purposes of paragraph (2)(C), the Secretary shall 
        require that each proposed local source of capital and 
        operating financing is stable, reliable, and available 
        within the proposed project timetable.
          (5) Ratings.--In carrying out paragraphs (3) and (4) 
        for a small start project, the Secretary shall evaluate 
        and rate the project on a 5-point scale (high, medium-
        high, medium, medium-low, or low) based on an 
        evaluation of the benefits of the project as compared 
        to the Federal assistance to be provided and the degree 
        of local financial commitment, as required under this 
        subsection. In rating the projects, the Secretary shall 
        provide, in addition to the overall project rating, 
        individual ratings for each of the criteria established 
        by this subsection and shall give comparable, but not 
        necessarily equal, numerical weight to the benefits 
        that the project will bring to the community in 
        calculating the overall project rating.
          (6) Grants and expedited grant agreements.--
                  (A) In general.--The Secretary, to the 
                maximum extent practicable, shall provide 
                Federal assistance under this subsection in a 
                single grant. If the Secretary cannot provide 
                such a single grant, the Secretary may execute 
                an expedited grant agreement in order to 
                include a commitment on the part of the 
                Secretary to provide funding for the project in 
                future fiscal years.
                  (B) Terms of expedited grant agreements.--In 
                executing an expedited grant agreement under 
                this subsection, the Secretary may include in 
                the agreement terms similar to those 
                established under subsection (g)(2)(A).
                  (C) Notice of proposed grants and expedited 
                grant agreements.--At least 10 days before 
                making a grant award or entering into a grant 
                agreement for a project under this subsection, 
                the Secretary shall notify, in writing, the 
                Committee on Transportation and Infrastructure 
                and the Committee on Appropriations of the 
                House of Representatives and the Committee on 
                Banking, Housing, and Urban Affairs and the 
                Committee on Appropriations of the Senate of 
                the proposed grant or expedited grant 
                agreement, as well as the evaluations and 
                ratings for the project.
          (7) Inclusion of corridor-based capital projects.--In 
        this subsection, the term ``small start project'' 
        includes a corridor-based capital project if--
                  (A) a majority of the project operates in a 
                separate right-of-way dedicated for transit use 
                during peak hour operations; or
                  (B) the project represents a substantial 
                investment in a defined corridor as 
                demonstrated by investment in fixed transit 
                facilities and equipment such as substantial 
                transit stations, intelligent transportation 
                systems technology, traffic signal priority, 
                off-board fare collection, and other direct 
                investments in the corridor.
  (f) Previously Issued Letter of Intent or Grant Agreement.--
Subsections (d) and (e) do not apply to projects for which the 
Secretary has issued a letter of intent, entered into an early 
systems work agreement or a full funding grant agreement, or 
has been approved to enter final design before the date of 
enactment of the Public Transportation Act of 2012.
  (g) Letters of Intent, Full Funding Grant Agreements, and 
Early Systems Work Agreements.--
          (1) Letters of intent.--
                  (A) Amounts intended to be obligated.--The 
                Secretary may issue a letter of intent to an 
                applicant announcing an intention to obligate, 
                for a new start project, an amount from future 
                available budget authority specified in law 
                that is not more than the amount stipulated as 
                the financial participation of the Secretary in 
                the project.
                  (B) Treatment.--The issuance of a letter 
                under subparagraph (A) is deemed not to be an 
                obligation under section 1108(c), 1108(d), 
                1501, or 1502(a) of title 31 or an 
                administrative commitment.
          (2) Full funding grant agreements.--
                  (A) Terms.--The Secretary may enter into a 
                full funding grant agreement with an applicant 
                for a grant under this section for a new start 
                project. The agreement shall--
                          (i) establish the terms of 
                        participation by the Government in the 
                        project;
                          (ii) establish the maximum amount of 
                        Government financial assistance for the 
                        project;
                          (iii) cover the period of time for 
                        completing the project, including, if 
                        necessary, a period extending beyond 
                        the period of an authorization;
                          (iv) make timely and efficient 
                        management of the project easier 
                        according to the laws of the United 
                        States; and
                          (v) establish terms requiring the 
                        applicant to repay all Government 
                        payments made under the agreement (plus 
                        such reasonable interest and penalty 
                        charges as are established by the 
                        Secretary in the agreement) if the 
                        applicant does not carry out the 
                        project for reasons within the control 
                        of the applicant.
                  (B) Special financial rules.--
                          (i) In general.--A full funding grant 
                        agreement under this paragraph 
                        obligates an amount of available budget 
                        authority specified in law and may 
                        include a commitment (contingent on 
                        amounts to be specified in law in 
                        advance for commitments under this 
                        paragraph) to obligate an additional 
                        amount from future available budget 
                        authority specified in law.
                          (ii) Statement of contingent 
                        commitment.--The full funding grant 
                        agreement shall state that the 
                        contingent commitment is not an 
                        obligation of the Government.
                          (iii) Interest and other financing 
                        costs.--Interest and other financing 
                        costs of efficiently carrying out a 
                        part of the project within a reasonable 
                        time are a cost of carrying out the 
                        project under a full funding grant 
                        agreement, except that eligible costs 
                        may not be more than the cost of the 
                        most favorable financing terms 
                        reasonably available for the project at 
                        the time of borrowing. The applicant 
                        shall certify, in a way satisfactory to 
                        the Secretary, that the applicant has 
                        shown reasonable diligence in seeking 
                        the most favorable financing terms.
                          (iv) Completion of operable 
                        segment.--The amount stipulated in a 
                        full funding grant agreement for a new 
                        start project shall be sufficient to 
                        complete at least one operable segment.
                  (C) Before and after study.--
                          (i) In general.--A full funding grant 
                        agreement under this paragraph shall 
                        require the applicant to conduct a 
                        study that--
                                  (I) describes and analyzes 
                                the impacts of the new start 
                                project on transit services and 
                                transit ridership;
                                  (II) evaluates the 
                                consistency of predicted and 
                                actual project characteristics 
                                and performance; and
                                  (III) identifies sources of 
                                differences between predicted 
                                and actual outcomes.
                          (ii) Information collection and 
                        analysis plan.--
                                  (I) Submission of plan.--An 
                                applicant seeking a full 
                                funding grant agreement under 
                                this paragraph shall submit to 
                                the Secretary a complete plan 
                                for the collection and analysis 
                                of information to identify the 
                                impacts of the new start 
                                project and the accuracy of the 
                                forecasts prepared during the 
                                development of the project. 
                                Preparation of the plan shall 
                                be included in the agreement as 
                                an eligible activity.
                                  (II) Contents of plan.--The 
                                plan submitted under subclause 
                                (I) shall provide for--
                                          (aa) the collection 
                                        of data on the current 
                                        transit system of the 
                                        applicant regarding 
                                        transit service levels 
                                        and ridership patterns, 
                                        including origins and 
                                        destinations, access 
                                        modes, trip purposes, 
                                        and rider 
                                        characteristics;
                                          (bb) documentation of 
                                        the predicted scope, 
                                        service levels, capital 
                                        costs, operating costs, 
                                        and ridership of the 
                                        project;
                                          (cc) collection of 
                                        data on the transit 
                                        system of the applicant 
                                        2 years after the 
                                        opening of the new 
                                        start project, 
                                        including analogous 
                                        information on transit 
                                        service levels and 
                                        ridership patterns and 
                                        information on the as-
                                        built scope and capital 
                                        costs of the project; 
                                        and
                                          (dd) an analysis of 
                                        the consistency of 
                                        predicted project 
                                        characteristics with 
                                        the data collected 
                                        under item (cc).
                  (D) Collection of data on current system.--To 
                be eligible to enter into a full funding grant 
                agreement under this paragraph for a new start 
                project, an applicant shall have collected data 
                on the current transit system of the applicant, 
                according to the plan required under 
                subparagraph (C)(ii), before the beginning of 
                construction of the project. Collection of the 
                data shall be included in the full funding 
                grant agreement as an eligible activity.
          (3) Early systems work agreements.--
                  (A) Conditions.--The Secretary may enter into 
                an early systems work agreement with an 
                applicant for a new start project if a record 
                of decision under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) has 
                been issued on the project and the Secretary 
                finds there is reason to believe a full funding 
                grant agreement for the project will be made.
                  (B) Contents.--
                          (i) In general.--A work agreement 
                        under this paragraph for a new start 
                        project obligates an amount of 
                        available budget authority specified in 
                        law and shall provide for reimbursement 
                        of preliminary costs of carrying out 
                        the project, including land 
                        acquisition, timely procurement of 
                        system elements for which 
                        specifications are decided, and other 
                        activities the Secretary decides are 
                        appropriate to make efficient, long-
                        term project management easier.
                          (ii) Period covered.--A work 
                        agreement under this paragraph shall 
                        cover the period of time the Secretary 
                        considers appropriate. The period may 
                        extend beyond the period of current 
                        authorization.
                          (iii) Interest and other financing 
                        costs.--Interest and other financing 
                        costs of efficiently carrying out the 
                        work agreement within a reasonable time 
                        are a cost of carrying out the 
                        agreement, except that eligible costs 
                        may not be more than the cost of the 
                        most favorable financing terms 
                        reasonably available for the project at 
                        the time of borrowing. The applicant 
                        shall certify, in a manner satisfactory 
                        to the Secretary, that the applicant 
                        has shown reasonable diligence in 
                        seeking the most favorable financing 
                        terms.
                          (iv) Failure to carry out project.--
                        If, after entering into a work 
                        agreement under this paragraph for a 
                        new start project, an applicant does 
                        not carry out the project for reasons 
                        within the control of the applicant, 
                        the applicant shall repay all 
                        Government payments made under the work 
                        agreement plus reasonable interest and 
                        penalty charges the Secretary 
                        establishes in the agreement.
          (4) Limitation on amounts.--
                  (A) New start grants contingent commitment 
                authority.--The total estimated amount of 
                future obligations of the Government and 
                contingent commitments to incur obligations 
                covered by all outstanding letters of intent, 
                full funding grant agreements, and early 
                systems work agreements under this subsection 
                for new start projects may be not more than the 
                greater of the amount authorized under section 
                5338(b) for such projects or an amount 
                equivalent to the last 3 fiscal years of 
                funding allocated under subsection (m)(2)(B) 
                for such projects, less an amount the Secretary 
                reasonably estimates is necessary for grants 
                under this section for the projects that are 
                not covered by a letter or agreement. The total 
                amount covered by new letters and contingent 
                commitments included in full funding grant 
                agreements and early systems work agreements 
                for such projects may be not more than a 
                limitation specified in law.
                  (B) Appropriation required.--An obligation 
                may be made under this subsection only when 
                amounts are appropriated for the obligation.
          (5) Notification of congress.--At least 10 days 
        before issuing a letter of intent or an early systems 
        work agreement under this section, and at least 21 days 
        before entering into a full funding grant agreement 
        under this section, the Secretary shall notify, in 
        writing, the Committee on Transportation and 
        Infrastructure and the Committee on Appropriations of 
        the House of Representatives and the Committee on 
        Banking, Housing, and Urban Affairs and the Committee 
        on Appropriations of the Senate of the proposed letter 
        or agreement. The Secretary shall include with the 
        notification a copy of the proposed letter or agreement 
        as well as the evaluations and ratings for the project.
  (h) Government's Share of Net Project Cost.--
          (1) In general.--Based on engineering studies, 
        studies of economic feasibility, and information on the 
        expected use of equipment or facilities, the Secretary 
        shall estimate the net capital project cost of a new 
        fixed guideway capital project. A grant under this 
        section for the project shall be for 80 percent of the 
        net capital project cost unless the grant recipient 
        requests a lower grant percentage.
          (2) Adjustment for completion under budget.--The 
        Secretary may adjust the final net project cost of a 
        new fixed guideway capital project evaluated under 
        subsections (d) and (e) to include the cost of eligible 
        activities not included in the originally defined 
        project if the Secretary determines that the originally 
        defined project has been completed at a cost that is 
        significantly below the original estimate.
          (3) Remainder of net project cost.--The remainder of 
        net project costs shall be provided from an 
        undistributed cash surplus, a replacement or 
        depreciation cash fund or reserve, or new capital from 
        public or private sources.
          (4) Limitation on statutory construction.--Nothing in 
        this section shall be construed as authorizing the 
        Secretary to request or require a non-Federal financial 
        commitment for a project that is more than 20 percent 
        of the net capital project cost.
          (5) Special rule for rolling stock costs.--In 
        addition to amounts allowed pursuant to paragraph (1), 
        a planned extension to a fixed guideway system may 
        include the cost of rolling stock previously purchased 
        if the applicant satisfies the Secretary that only 
        amounts other than amounts of the Government were used 
        and that the purchase was made for use on the 
        extension. A refund or reduction of the remainder may 
        be made only if a refund of a proportional amount of 
        the grant of the Government is made at the same time.
  (i) Undertaking Projects in Advance.--
          (1) In general.--The Secretary may pay the 
        Government's share of the net capital project cost to a 
        State or local governmental authority that carries out 
        any part of a project described in this section without 
        the aid of amounts of the Government and according to 
        all applicable procedures and requirements if--
                  (A) the State or local governmental authority 
                applies for the payment;
                  (B) the Secretary approves the payment; and
                  (C) before carrying out the part of the 
                project, the Secretary approves the plans and 
                specifications for the part in the same manner 
                as other projects under this section.
          (2) Financing costs.--
                  (A) In general.--The cost of carrying out 
                part of a project includes the amount of 
                interest earned and payable on bonds issued by 
                the State or local governmental authority to 
                the extent proceeds of the bonds are expended 
                in carrying out the part.
                  (B) Limitation on amount of interest.--The 
                amount of interest under this paragraph may not 
                be more than the most favorable interest terms 
                reasonably available for the project at the 
                time of borrowing.
                  (C) Certification.--The applicant shall 
                certify, in a manner satisfactory to the 
                Secretary, that the applicant has shown 
                reasonable diligence in seeking the most 
                favorable financial terms.
  (j) Availability of Amounts.--An amount made available or 
appropriated under section 5338(b) for new fixed guideway 
capital projects shall remain available for a period of 3 
fiscal years after the fiscal year in which the amount is made 
available or appropriated. Any of such amount that is 
unobligated at the end of such period shall be rescinded and 
deposited in the general fund of the Treasury, where such 
amounts shall be dedicated for the sole purpose of deficit 
reduction and prohibited from use as an offset for other 
spending increases or revenue reductions.
  (k) Reports on New Start Projects.--
          (1) Annual report on funding recommendations.--Not 
        later than the first Monday in February of each year, 
        the Secretary shall submit to the Committee on 
        Transportation and Infrastructure and the Committee on 
        Appropriations of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs and 
        the Committee on Appropriations of the Senate a report 
        that includes--
                  (A) a proposal of allocations of amounts to 
                be available to finance grants for new fixed 
                guideway capital projects among applicants for 
                these amounts;
                  (B) evaluations and ratings, as required 
                under subsections (d) and (e), for each such 
                project that is authorized by the Public 
                Transportation Act of 2012; and
                  (C) recommendations of such projects for 
                funding based on the evaluations and ratings 
                and on existing commitments and anticipated 
                funding levels for the next 3 fiscal years 
                based on information currently available to the 
                Secretary.
          (2) Biennial gao review.--Beginning 2 years after the 
        date of enactment of the Public Transportation Act of 
        2012, the Comptroller General of the United States 
        shall--
                  (A) conduct a biennial review of--
                          (i) the processes and procedures for 
                        evaluating, rating, and recommending 
                        new fixed guideway capital projects; 
                        and
                          (ii) the Secretary's implementation 
                        of such processes and procedures; and
                  (B) on a biennial basis, report to Congress 
                on the results of such review by May 31.
  (l) Before and After Study Report.--Not later than the first 
Monday of August of each year, the Secretary shall submit to 
the committees referred to in subsection (k)(1) a report 
containing a summary of the results of the studies conducted 
under subsection (g)(2)(C).
  (m) Limitations.--
          (1) Limitation on grants.--The Secretary may make a 
        grant or enter into a grant agreement for a new fixed 
        guideway capital project under this section only if the 
        project has been rated as high, medium-high, or medium 
        or the Secretary has issued a special warrant described 
        in subsection (n) in lieu of such ratings.
          (2) Fiscal years 2013 through 2016.--Of the amounts 
        made available or appropriated for fiscal years 2013 
        through 2016 under section 5338(b)--
                  (A) $150,000,000 for each fiscal year shall 
                be allocated for small start projects in 
                accordance with subsection (e); and
                  (B) the remainder shall be allocated for new 
                start projects in accordance with subsection 
                (d).
          (3) Limitation on expenditures.--None of the amounts 
        made available or appropriated under section 5338(b) 
        may be expended on a project that has not been adopted 
        as the locally preferred alternative as part of a long-
        range transportation plan.
  (n) Expedited Project Advancement.--
          (1) Warrants.--The Secretary, to the maximum extent 
        practicable, shall develop and utilize special warrants 
        to advance projects and provide Federal assistance 
        under this section. Special warrants may be utilized to 
        advance new fixed guideway projects under this section 
        without requiring evaluations and ratings described 
        under subsections (d)(5) and (e)(5). Such warrants 
        shall be--
                  (A) based on current transit ridership, 
                corridor characteristics, and service on 
                existing alignments;
                  (B) designed to assess distinct categories of 
                projects, such as proposed new service 
                enhancements on existing alignments, new line 
                haul service, and new urban circulator service; 
                and
                  (C) based on the benefits for proposed 
                projects as set forth in subsections (d)(3) and 
                (e)(3) for the Federal assistance provided or 
                to be provided under this subsection.
          (2) New project development.--
                  (A) In general.--A project sponsor who 
                requests Federal funding under this section 
                shall apply to the Secretary to begin new 
                project development after a proposed new fixed 
                guideway capital project has been adopted as 
                the locally preferred alternative as part of 
                the metropolitan long-range transportation plan 
                required under section 5303, and funding 
                options for the non-Federal funding share have 
                been identified. The application for new 
                project development shall specify whether the 
                project sponsor is seeking Federal assistance 
                under subsection (d) or (e).
                  (B) Applications.--
                          (i) Notice to congress.--Not later 
                        than 10 days after the date of receipt 
                        of an application for new project 
                        development under subparagraph (A), the 
                        Secretary shall provide written notice 
                        of the application to the Committee on 
                        Transportation and Infrastructure of 
                        the House of Representatives and the 
                        Committee on Banking, Housing, and 
                        Urban Affairs of the Senate.
                          (ii) Approval or disapproval.--On the 
                        11th day following the date on which 
                        the Secretary provides written notice 
                        of an application for new project 
                        development under clause (i), the 
                        Secretary shall approve or disapprove 
                        the application.
                  (C) Project authorization.--Upon approval of 
                an application to begin new project 
                development, the proposed new fixed guideway 
                capital project shall be authorized and 
                eligible for Federal funding under this 
                section.
          (3) Letters of intent and early systems work 
        agreements.--The Secretary, to the maximum extent 
        practicable, shall issue letters of intent and make 
        early systems work agreements upon issuance of a record 
        of decision under the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.).
          (4) Funding agreements.--The Secretary shall enter 
        into a full funding grant agreement, expedited grant 
        agreement, or grant, as appropriate, between the 
        Government and the project sponsor as soon as the 
        Secretary determines that the project meets the 
        requirements of subsection (d) or (e).
          (5) Records retention.--The Secretary shall adhere to 
        a uniform records retention policy regarding all 
        documentation related to new fixed guideway capital 
        projects.
  (o) Regulations.--Not later than 240 days after the date of 
enactment of the Public Transportation Act of 2012, the 
Secretary shall issue regulations establishing new program 
requirements for the programs created under this section, 
including new evaluation and rating processes for proposed 
projects under this section.

Sec. 5310. Bus and bus facilities formula grants

  (a) General Authority.--The Secretary may make grants under 
this section to assist States and local governmental 
authorities in financing capital projects--
          (1) to replace, rehabilitate, and purchase buses and 
        related equipment; and
          (2) to construct bus-related facilities.
  (b) Grant Requirements.--The requirements of subsections (c) 
and (d) of section 5307 apply to recipients of grants made 
under this section.
  (c) Eligible Recipients and Subrecipients.--
          (1) Recipients.--Eligible recipients under this 
        section are providers of public transportation in 
        urbanized areas that operate fixed route bus services 
        and that do not operate heavy rail, commuter rail, or 
        light rail services.
          (2) Subrecipients.--A recipient that receives a grant 
        under this section may allocate the amounts provided to 
        subrecipients that are public agencies, private 
        companies engaged in public transportation, or private 
        nonprofit organizations.
  (d) Distribution of Grant Funds.--Grants under this section 
shall be distributed pursuant to the formula set forth in 
section 5336 other than subsection (b).
  (e) Government's Share of Costs.--
          (1) Capital projects.--A grant for a capital project, 
        as defined in section 5302(a)(1), shall be for 80 
        percent of the net project cost of the project. The 
        recipient may provide additional local matching 
        amounts.
          (2) Remaining costs.--The remainder of the net 
        project cost shall be provided--
                  (A) in cash from non-Government sources other 
                than revenues from providing public 
                transportation services;
                  (B) from revenues derived from the sale of 
                advertising and concessions;
                  (C) from an undistributed cash surplus, a 
                replacement or depreciation cash fund or 
                reserve, or new capital; and
                  (D) from amounts received under a service 
                agreement with a State or local social service 
                agency or private social service organization.
  (f) Period of Availability to Recipients.--A grant made 
available under this section may be obligated by the recipient 
for 3 years after the fiscal year in which the amount is 
apportioned. Not later than 30 days after the end of the 3-year 
period, an amount that is not obligated at the end of that 
period shall be added to the amount that may be apportioned 
under this section in the next fiscal year.
  (g) Transfers of Apportionments.--
          (1) Transfer to certain areas.--The chief executive 
        officer of a State may transfer any part of the State's 
        funds made available under this section to urbanized 
        areas of less than 200,000 in population or to rural 
        areas in the State, after consulting with responsible 
        local officials and publicly owned operators of public 
        transportation in each area for which the amount 
        originally was provided under this section.
          (2) Transfer to state.--A designated recipient for an 
        urbanized area with a population of at least 200,000 
        may transfer a part of its grant funds provided under 
        this section to the chief executive officer of a State. 
        The chief executive officer shall distribute the 
        transferred amounts to urbanized areas of less than 
        200,000 in population or to rural areas in the State.
  (h) Application of Other Sections.--Sections 5302, 5318, 
5323(a)(1), 5323(d), 5323(f), 5332, and 5333 apply to this 
section and to a grant made with funds apportioned under this 
section. Except as provided in this section, no other provision 
of this chapter applies to this section or to a grant under 
this section.

[Sec. 5311. Formula grants for other than urbanized areas]

Sec. 5311. Rural area formula grants

  (a) * * *
  (b) General Authority.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Rural transportation assistance program.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Projects of a national scope.--Not more 
                than 15 percent of the amounts available under 
                subparagraph (B) may be used by the Secretary 
                to carry out projects of a national scope, with 
                the remaining balance provided to the States. 
                In carrying out such projects, the Secretary 
                shall enter into a competitively selected 
                contract to provide on-site technical 
                assistance to local and regional governments, 
                public transit agencies, and public 
                transportation-related nonprofit and for-profit 
                organizations in rural areas for the purpose of 
                developing training materials and providing 
                necessary training assistance to local 
                officials and agencies in rural areas.

           *       *       *       *       *       *       *

          (5) Program goals.--The goals of this section are--
                  (A) to enhance the mobility and access of 
                people in rural areas by assisting in the 
                development, construction, operation, 
                improvement, maintenance, and use of public 
                transportation systems and services in rural 
                areas;
                  (B) to increase the intermodalism of and 
                connectivity among public transportation 
                systems and services within rural areas and to 
                urban areas by providing for maximum 
                coordination of programs and services;
                  (C) to increase the state of good repair of 
                rural public transportation assets; and
                  (D) to enhance the mobility and access of 
                people in rural areas by assisting in the 
                development and support of intercity bus 
                transportation.
  (c) Apportionments.--
          [(1) Public transportation on Indian reservations.--
        Of the amounts made available or appropriated for each 
        fiscal year pursuant to subsections (a)(1)(C)(v) and 
        (b)(2)(G) of section 5338, the following amounts shall 
        be apportioned for grants to Indian tribes for any 
        purpose eligible under this section, under such terms 
        and conditions as may be established by the Secretary:
                  [(A) $8,000,000 for fiscal year 2006.
                  [(B) $10,000,000 for fiscal year 2007.
                  [(C) $12,000,000 for fiscal year 2008.
                  [(D) $15,000,000 for fiscal year 2009.
                  [(E) $15,000,000 for fiscal year 2010.
                  [(F) $15,000,000 for fiscal year 2011.
                  [(G) $15,000,000 for fiscal year 2012.]
          (2) Remaining amounts.--Of the amounts made available 
        or appropriated for each fiscal year pursuant to 
        subsections (a)(1)(C)(v) and (b)(2)(G) of section 5338 
        that are not apportioned under paragraph (1)--
                  (A) 20 percent shall be apportioned to the 
                States in accordance with paragraph (3); [and]
                  [(B) 80 percent shall be apportioned to the 
                States in accordance with paragraph (4).]
                  (B) 70 percent shall be apportioned to the 
                States in accordance with paragraph (4); and
                  (C) 10 percent shall be apportioned to the 
                States in accordance with paragraph (5).

           *       *       *       *       *       *       *

          (5) Apportionments based on public transportation 
        services provided in rural areas.--The Secretary shall 
        apportion to each State an amount equal to the amount 
        apportioned under paragraph (2)(C) as follows:
                  (A) \1/2\ of such amount multiplied by the 
                ratio that--
                          (i) the number of public 
                        transportation revenue vehicle-miles 
                        operated in or attributable to rural 
                        areas in that State, as determined by 
                        the Secretary; bears to
                          (ii) the total number of all public 
                        transportation revenue vehicle-miles 
                        operated in or attributable to rural 
                        areas in all States; and
                  (B) \1/2\ of such amount multiplied by the 
                ratio that--
                          (i) the number of public 
                        transportation unlinked passenger trips 
                        operated in or attributable to rural 
                        areas in that State, as determined by 
                        the Secretary; bears to
                          (ii) the total number of all public 
                        transportation unlinked passenger trips 
                        operated in or attributable to rural 
                        areas in all States.

           *       *       *       *       *       *       *

  (e) Use for Administration, Planning, and Technical 
Assistance.--The Secretary of Transportation may allow a State 
to use not more than [15 percent] 10 percent of the amount 
apportioned under this section to administer this section and 
provide technical assistance to a subrecipient, including 
project planning, program and management development, 
coordination of public transportation programs, and research 
the State considers appropriate to promote effective delivery 
of public transportation to an area other than an urbanized 
area.
  (f) Intercity Bus Transportation.--
          (1) In general.--A State shall expend at least 15 
        percent of the amount made available in each fiscal 
        year to carry out a program to develop and support 
        intercity bus transportation. Eligible activities under 
        the program include--
                  (A) * * *
                  (B) capital grants for intercity bus 
                [shelters] facilities;
                  (C) joint-use [stops and depots] facilities;

           *       *       *       *       *       *       *

  (g) Government Share of Costs.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Remainder.--The remainder of net project costs--
                  (A) * * *
                  (B) may be derived from amounts appropriated 
                or otherwise made available to a department or 
                agency of the Government (other than the 
                Department of Transportation) that are eligible 
                to be expended for transportation; [and]
                  (C) notwithstanding subparagraph (B), may be 
                derived from amounts made available to carry 
                out the Federal lands highway program 
                established by section 204 of title 23[.]; and
                  (D) may be derived from the costs of a 
                private operator's intercity bus service as an 
                in-kind match for the operating costs of 
                connecting rural intercity bus feeder service 
                funded under subsection (f), except that this 
                subparagraph shall apply only if the project 
                includes both feeder service and a connecting 
                unsubsidized intercity route segment and if the 
                private operator agrees in writing to the use 
                of its unsubsidized costs as an in-kind match.

           *       *       *       *       *       *       *

[Sec. 5312. Research, development, demonstration, and deployment 
                    projects]

Sec. 5312. Transit research

  (a) Research, Development, Demonstration, and Deployment 
Projects.--
          (1) * * *

           *       *       *       *       *       *       *

          (4) Funding.--The amounts made available under 
        section 5338(c) are available to the Secretary for 
        grants, contracts, cooperative agreements, or other 
        agreements for the purposes of this section and 
        sections 5305 and 5322, as the Secretary considers 
        appropriate.
  (b) Joint Partnership Program for Deployment of Innovation.--
          (1) * * *

           *       *       *       *       *       *       *

          (5) Use of revenues.--The Secretary shall accept, to 
        the maximum extent practicable, a portion of the 
        revenues resulting from sales of an innovation project 
        funded under this section. Such revenues shall be 
        accounted for separately within the [Mass Transit 
        Account] Alternative Transportation Account of the 
        Highway Trust Fund and shall be available to the 
        Secretary for activities under this subsection. Annual 
        revenues that are less than $1,000,000 shall be 
        available for obligation without further appropriation 
        and shall not be subject to any obligation limitation.
  [(c) International Public Transportation Program.--
          [(1) Activities.--The Secretary is authorized to 
        engage in activities to inform the United States 
        domestic public transportation community about 
        technological innovations available in the 
        international marketplace and activities that may 
        afford domestic businesses the opportunity to become 
        globally competitive in the export of public 
        transportation products and services. Such activities 
        may include--
                  [(A) development, monitoring, assessment, and 
                dissemination domestically of information about 
                worldwide public transportation market 
                opportunities;
                  [(B) cooperation with foreign public sector 
                entities in research, development, 
                demonstration, training, and other forms of 
                technology transfer and exchange of experts and 
                information;
                  [(C) advocacy, in international public 
                transportation markets, of firms, products, and 
                services available from the United States;
                  [(D) informing the international market about 
                the technical quality of public transportation 
                products and services through participation in 
                seminars, expositions, and similar activities; 
                and
                  [(E) offering those Federal Transit 
                Administration technical services which cannot 
                be readily obtained from the United States 
                private sector to foreign public authorities 
                planning or undertaking public transportation 
                projects if the cost of these services will be 
                recovered under the terms of each project.
          [(2) Cooperation.--The Secretary may carry out 
        activities under this subsection in cooperation with 
        other Federal agencies, State or local agencies, public 
        or private nonprofit institutions, government 
        laboratories, foreign governments, or any other 
        organization the Secretary determines is appropriate.
          [(3) Funding.--The funds available to carry out this 
        subsection shall include revenues paid to the Secretary 
        by any cooperating organization or person. Such 
        revenues shall be available to the Secretary to carry 
        out activities under this subsection, including 
        promotional materials, travel, reception, and 
        representation expenses necessary to carry out such 
        activities. Annual revenues that are less than 
        $1,000,000 shall be available for obligation without 
        further appropriation and shall not be subject to any 
        obligation limitation. Not later than January 1 of each 
        fiscal year, the Secretary shall publish a report on 
        the activities under this paragraph funded from the 
        account.]
  (c) Transit Cooperative Research Program.--
          (1) In general.--The Secretary shall carry out a 
        public transportation cooperative research program 
        using amounts made available under section 5338(c).
          (2) Independent governing board.--The Secretary shall 
        establish an independent governing board for the 
        program. The board shall recommend public 
        transportation research, development, and technology 
        transfer activities to be carried out under the 
        program.
          (3) Grants and cooperative agreements.--The Secretary 
        may make grants to, and enter into cooperative 
        agreements with, the National Academy of Sciences to 
        carry out activities under this subsection that the 
        Secretary determines appropriate.
  (d) Government Share.--If there would be a clear and direct 
financial benefit to an entity under a grant or contract 
financed under this section, the Secretary shall establish a 
Government share consistent with that benefit.

[Sec. 5313. Transit cooperative research program

  [(a) Cooperative Research Program.--The amounts made 
available under subsections (a)(5)(C)(iii) and (d)(1) of 
section 5338 are available for a public transportation 
cooperative research program. The Secretary of Transportation 
shall establish an independent governing board for the program. 
The board shall recommend public transportation research, 
development, and technology transfer activities the Secretary 
considers appropriate.
  [(b) Federal Assistance.--The Secretary may make grants to, 
and cooperative agreements with, the National Academy of 
Sciences to carry out activities under this subsection that the 
Secretary decides are appropriate.
  [(c) Government's Share.--If there would be a clear and 
direct financial benefit to an entity under a grant or contract 
financed under this section, the Secretary shall establish a 
Government share consistent with that benefit.

[Sec. 5314. National research programs

  [(a) Program.--(1) The amounts made available under section 
5338(d) are available to the Secretary of Transportation for 
grants, contracts, cooperative agreements, or other agreements 
for the purposes of sections 5312, 5315, and 5322 of this 
title, as the Secretary considers appropriate.
  [(2) The Secretary shall provide public transportation-
related technical assistance, demonstration programs, research, 
public education, and other activities the Secretary considers 
appropriate to help public transportation providers comply with 
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.). To the extent practicable, the Secretary shall carry out 
this paragraph through a contract with a national nonprofit 
organization serving individuals with disabilities that has a 
demonstrated capacity to carry out the activities.
  [(3) Not more than 25 percent of the amounts available under 
paragraph (1) of this subsection is available to the Secretary 
for special demonstration initiatives, subject to terms the 
Secretary considers consistent with this chapter, except that 
section 5333(b) of this title applies to an operational grant 
financed in carrying out section 5312(a) of this title. For a 
nonrenewable grant of not more than $100,000, the Secretary 
shall provide expedited procedures on complying with the 
requirements of this chapter.
  [(4)(A) The Secretary may undertake a program of public 
transportation technology development in coordination with 
affected entities.
  [(B) The Secretary shall develop guidelines for cost sharing 
in technology development projects financed under this 
paragraph. The guidelines shall be flexible and reflect the 
extent of technical risk, market risk, and anticipated supplier 
benefits and payback periods.
  [(5) The Secretary may use amounts appropriated under this 
subsection to supplement amounts available under section 
5313(a) of this title, as the Secretary considers appropriate.
  [(6) Medical transportation demonstration grants.--
          [(A) Grants authorized.--The Secretary may award 
        demonstration grants, from funds made available under 
        paragraph (1), to eligible entities to provide 
        transportation services to individuals to access 
        dialysis treatments and other medical treatments for 
        renal disease.
          [(B) Eligible entities.--An entity shall be eligible 
        to receive a grant under this paragraph if the entity--
                  [(i) meets the conditions described in 
                section 501(c)(3) of the Internal Revenue Code 
                of 1986; or
                  [(ii) is an agency of a State or unit of 
                local government.
          [(C) Use of funds.--Grant funds received under this 
        paragraph may be used to provide transportation 
        services to individuals to access dialysis treatments 
        and other medical treatments for renal disease.
          [(D) Application.--
                  [(i) In general.--Each eligible entity 
                desiring a grant under this paragraph shall 
                submit an application to the Secretary at such 
                time, at such place, and containing such 
                information as the Secretary may reasonably 
                require.
                  [(ii) Selection of grantees.--In awarding 
                grants under this paragraph, the Secretary 
                shall give preference to eligible entities from 
                communities with--
                          [(I) high incidence of renal disease; 
                        and
                          [(II) limited access to dialysis 
                        facilities.
          [(E) Rulemaking.--The Secretary shall issue 
        regulations to implement and administer the grant 
        program established under this paragraph.
          [(F) Report.--The Secretary shall submit a report on 
        the results of the demonstration projects funded under 
        this paragraph to the Committee on Banking, Housing, 
        and Urban Affairs of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.
  [(b) Government's Share.--When there would be a clear and 
direct financial benefit to an entity under a grant, contract, 
cooperative agreement, or other agreement under subsection (a) 
or section 5312, the Secretary shall establish a United States 
Government share consistent with the benefit.
  [(c) National Technical Assistance Center for Senior 
Transportation.--
          [(1) Establishment.--The Secretary shall award grants 
        to a national not-for-profit organization for the 
        establishment and maintenance of a national technical 
        assistance center.
          [(2) Eligibility.--An organization shall be eligible 
        to receive a grant under paragraph (1) if the 
        organization--
                  [(A) focuses significantly on serving the 
                needs of the elderly;
                  [(B) has demonstrated knowledge and expertise 
                in senior transportation policy and planning 
                issues;
                  [(C) has affiliates in a majority of the 
                States;
                  [(D) has the capacity to convene local groups 
                to consult on operation and development of 
                senior transportation programs; and
                  [(E) has established close working 
                relationships with the Federal Transit 
                Administration and the Administration on Aging.
          [(3) Use of funds.--The national technical assistance 
        center established under this section shall--
                  [(A) gather best practices from throughout 
                the Nation and provide such practices to local 
                communities that are implementing senior 
                transportation programs;
                  [(B) work with teams from local communities 
                to identify how the communities are 
                successfully meeting the transportation needs 
                of senior citizens and any gaps in services in 
                order to create a plan for an integrated senior 
                transportation program;
                  [(C) provide resources on ways to pay for 
                senior transportation services;
                  [(D) create a web site to publicize and 
                circulate information on senior transportation 
                programs;
                  [(E) establish a clearinghouse for print, 
                video, and audio resources on senior mobility; 
                and
                  [(F) administer the demonstration grant 
                program established under paragraph (4).
          [(4) Grants authorized.--
                  [(A) In general.--The national technical 
                assistance center established under this 
                section, in consultation with the Federal 
                Transit Administration, shall award senior 
                transportation demonstration grants to--
                          [(i) local transportation 
                        organizations;
                          [(ii) State agencies;
                          [(iii) units of local government; and
                          [(iv) nonprofit organizations.
                  [(B) Use of funds.--Grant funds received 
                under this paragraph may be used to--
                          [(i) evaluate the state of 
                        transportation services for senior 
                        citizens;
                          [(ii) recognize barriers to mobility 
                        that senior citizens encounter in their 
                        communities;
                          [(iii) establish partnerships and 
                        promote coordination among community 
                        stakeholders, including public, not-
                        for- profit, and for-profit providers 
                        of transportation services for senior 
                        citizens;
                          [(iv) identify future transportation 
                        needs of senior citizens within local 
                        communities; and
                          [(v) establish strategies to meet the 
                        unique needs of healthy and frail 
                        senior citizens.
                  [(C) Selection of grantees.--The Secretary 
                shall select grantees under this paragraph 
                based on a fair representation of various 
                geographical locations throughout the United 
                States.

[Sec. 5315. National transit institute

  [(a) Establishment.--The Secretary shall award grants to 
Rutgers University to conduct a national transit institute.
  [(b) Duties.--
          [(1) In general.--In cooperation with the Federal 
        Transit Administration, State transportation 
        departments, public transportation authorities, and 
        national and international entities, the institute 
        established under subsection (a) shall develop and 
        conduct training and educational programs for Federal, 
        State, and local transportation employees, United 
        States citizens, and foreign nationals engaged or to be 
        engaged in Government-aid public transportation work.
          [(2) Training and educational programs.--The training 
        and educational programs developed under paragraph (1) 
        may include courses in recent developments, techniques, 
        and procedures related to--
                  [(A) intermodal and public transportation 
                planning;
                  [(B) management;
                  [(C) environmental factors;
                  [(D) acquisition and joint use rights-of-way;
                  [(E) engineering and architectural design;
                  [(F) procurement strategies for public 
                transportation systems;
                  [(G) turnkey approaches to delivering public 
                transportation systems;
                  [(H) new technologies;
                  [(I) emission reduction technologies;
                  [(J) ways to make public transportation 
                accessible to individuals with disabilities;
                  [(K) construction, construction management, 
                insurance, and risk management;
                  [(L) maintenance;
                  [(M) contract administration;
                  [(N) inspection;
                  [(O) innovative finance;
                  [(P) workplace safety; and
                  [(Q) public transportation security.
  [(c) Providing Education and Training.--Education and 
training of Government, State, and local transportation 
employees under this section shall be provided--
          [(1) by the Secretary at no cost to the States and 
        local governments for subjects that are a Government 
        program responsibility; or
          [(2) when the education and training are paid under 
        subsection (d) of this section, by the State, with the 
        approval of the Secretary, through grants and contracts 
        with public and private agencies, other institutions, 
        individuals, and the institute.
  [(d) Availability of Amounts.--Not more than .5 percent of 
the amounts made available for a fiscal year beginning after 
September 30, 1991, to a State or public transportation 
authority in the State to carry out sections 5307 and 5309 of 
this title is available for expenditure by the State and public 
transportation authorities in the State, with the approval of 
the Secretary, to pay not more than 80 percent of the cost of 
tuition and direct educational expenses related to educating 
and training State and local transportation employees under 
this section.

[Sec. 5316. Job access and reverse commute formula grants

  [(a) Definitions.--In this section, the following definitions 
apply:
          [(1) Access to jobs project.--The term ``access to 
        jobs project'' means a project relating to the 
        development and maintenance of transportation services 
        designed to transport welfare recipients and eligible 
        low-income individuals to and from jobs and activities 
        related to their employment, including--
                  [(A) transportation projects to finance 
                planning, capital, and operating costs of 
                providing access to jobs under this chapter;
                  [(B) promoting public transportation by low-
                income workers, including the use of public 
                transportation by workers with nontraditional 
                work schedules;
                  [(C) promoting the use of transit vouchers 
                for welfare recipients and eligible low-income 
                individuals; and
                  [(D) promoting the use of employer-provided 
                transportation, including the transit pass 
                benefit program under section 132 of the 
                Internal Revenue Code of 1986.
          [(2) Eligible low-income individual.--The term 
        ``eligible low-income individual'' means an individual 
        whose family income is at or below 150 percent of the 
        poverty line (as that term is defined in section 673(2) 
        of the Community Services Block Grant Act (42 U.S.C. 
        9902(2)), including any revision required by that 
        section) for a family of the size involved.
          [(3) Recipient.--The term ``recipient'' means a 
        designated recipient (as defined in section 5307(a)(2)) 
        and a State that receives a grant under this section 
        directly.
          [(4) Reverse commute project.--The term ``reverse 
        commute project'' means a public transportation project 
        designed to transport residents of urbanized areas and 
        other than urbanized areas to suburban employment 
        opportunities, including any projects to--
                  [(A) subsidize the costs associated with 
                adding reverse commute bus, train, carpool, van 
                routes, or service from urbanized areas and 
                other than urbanized areas to suburban 
                workplaces;
                  [(B) subsidize the purchase or lease by a 
                nonprofit organization or public agency of a 
                van or bus dedicated to shuttling employees 
                from their residences to a suburban workplace; 
                or
                  [(C) otherwise facilitate the provision of 
                public transportation services to suburban 
                employment opportunities.
          [(5) Subrecipient.--The term ``subrecipient'' means a 
        State or local governmental authority, nonprofit 
        organization, or operator of public transportation 
        services that receives a grant under this section 
        indirectly through a recipient.
          [(6) Welfare recipient.--The term ``welfare 
        recipient'' means an individual who has received 
        assistance under a State or tribal program funded under 
        part A of title IV of the Social Security Act at any 
        time during the 3-year period before the date on which 
        the applicant applies for a grant under this section.
  [(b) General Authority.--
          [(1) Grants.--The Secretary may make grants under 
        this section to a recipient for access to jobs and 
        reverse commute projects carried out by the recipient 
        or a subrecipient.
          [(2) Administrative expenses.--A recipient may use 
        not more than 10 percent of the amounts apportioned to 
        the recipient under this section to administer, plan, 
        and provide technical assistance for a project funded 
        under this section.
  [(c) Apportionments.--
          [(1) Formula.--The Secretary shall apportion amounts 
        made available for a fiscal year to carry out this 
        section as follows:
                  [(A) 60 percent of the funds shall be 
                apportioned among designated recipients (as 
                defined in section 5307(a)(2)) for urbanized 
                areas with a population of 200,000 or more in 
                the ratio that--
                          [(i) the number of eligible low-
                        income individuals and welfare 
                        recipients in each such urbanized area; 
                        bears to
                          [(ii) the number of eligible low-
                        income individuals and welfare 
                        recipients in all such urbanized areas.
                  [(B) 20 percent of the funds shall be 
                apportioned among the States in the ratio 
                that--
                          [(i) the number of eligible low-
                        income individuals and welfare 
                        recipients in urbanized areas with a 
                        population of less than 200,000 in each 
                        State; bears to
                          [(ii) the number of eligible low-
                        income individuals and welfare 
                        recipients in urbanized areas with a 
                        population of less than 200,000 in all 
                        States.
                  [(C) 20 percent of the funds shall be 
                apportioned among the States in the ratio 
                that--
                          [(i) the number of eligible low-
                        income individuals and welfare 
                        recipients in other than urbanized 
                        areas in each State; bears to
                          [(ii) the number of eligible low-
                        income individuals and welfare 
                        recipients in other than urbanized 
                        areas in all States.
          [(2) Use of apportioned funds.--Except as provided in 
        paragraph (3)--
                  [(A) funds apportioned under paragraph (1)(A) 
                shall be used for projects serving urbanized 
                areas with a population of 200,000 or more;
                  [(B) funds apportioned under paragraph (1)(B) 
                shall be used for projects serving urbanized 
                areas with a population of less than 200,000; 
                and
                  [(C) funds apportioned under paragraph (1)(C) 
                shall be used for projects serving other than 
                urbanized areas.
          [(3) Exceptions.--A State may use funds apportioned 
        under paragraphs (1)(B) and (1)(C)--
                  [(A) for projects serving areas other than 
                the area specified in paragraph (2)(B) or 
                (2)(C), as the case may be, if the Governor of 
                the State certifies that all of the objectives 
                of this section are being met in the specified 
                area; or
                  [(B) for projects anywhere in the State if 
                the State has established a statewide program 
                for meeting the objectives of this section.
  [(d) Competitive Process for Grants to Subrecipients.--
          [(1) Areawide solicitations.--A recipient of funds 
        apportioned under subsection (c)(1)(A) shall conduct, 
        in cooperation with the appropriate metropolitan 
        planning organization, an areawide solicitation for 
        applications for grants to the recipient and 
        subrecipients under this section.
          [(2) Statewide solicitation.--A recipient of funds 
        apportioned under subsection (c)(1)(B) or (c)(1)(C) 
        shall conduct a statewide solicitation for applications 
        for grants to the recipient and subrecipients under 
        this section.
          [(3) Application.--Recipients and subrecipients 
        seeking to receive a grant from funds apportioned under 
        subsection (c) shall submit to the recipient an 
        application in the form and in accordance with such 
        requirements as the recipient shall establish.
          [(4) Grant awards.--The recipient shall award grants 
        under paragraphs (1) and (2) on a competitive basis.
  [(e) Transfers.--
          [(1) In general.--A State may transfer any funds 
        apportioned to it under subsection (c)(1)(B) or 
        (c)(1)(C), or both, to an apportionment under section 
        5311(c) or 5336, or both.
          [(2) Limited to eligible projects.--Any apportionment 
        transferred under this subsection shall be made 
        available only for eligible job access and reverse 
        commute projects as described in this section.
          [(3) Consultation.--A State may make a transfer of an 
        amount under this subsection only after consulting with 
        responsible local officials and publicly owned 
        operators of public transportation in each area for 
        which the amount originally was awarded under 
        subsection (d)(4).
  [(f) Grant Requirements.--
          [(1) In general.--A grant under this section shall be 
        subject to the requirements of section 5307.
          [(2) Fair and equitable distribution.--A recipient of 
        a grant under this section shall certify to the 
        Secretary that allocations of the grant to 
        subrecipients are distributed on a fair and equitable 
        basis.
  [(g) Coordination.--
          [(1) In general.--The Secretary shall coordinate 
        activities under this section with related activities 
        under programs of other Federal departments and 
        agencies.
          [(2) With nonprofit providers.--A State that 
        transfers funds to an apportionment under section 5336 
        pursuant to subsection (e) shall certify to the 
        Secretary that any project for which the funds are 
        requested under this section has been coordinated with 
        nonprofit providers of services.
          [(3) Project selection and planning.--A recipient of 
        funds under this section shall certify to the Secretary 
        that--
                  [(A) the projects selected were derived from 
                a locally developed, coordinated public 
                transit-human services transportation plan; and
                  [(B) the plan was developed through a process 
                that included representatives of public, 
                private, and nonprofit transportation and human 
                services providers and participation by the 
                public.
  [(h) Government's Share of Costs.--
          [(1) Capital projects.--A grant for a capital project 
        under this section may not exceed 80 percent of the net 
        capital costs of the project, as determined by the 
        Secretary.
          [(2) Operating assistance.--A grant made under this 
        section for operating assistance may not exceed 50 
        percent of the net operating costs of the project, as 
        determined by the Secretary.
          [(3) Remainder.--The remainder of the net project 
        costs--
                  [(A) may be provided from an undistributed 
                cash surplus, a replacement or depreciation 
                cash fund or reserve, a service agreement with 
                a State or local social service agency or a 
                private social service organization, or new 
                capital; and
                  [(B) may be derived from amounts appropriated 
                to or made available to a department or agency 
                of the Government (other than the Department of 
                Transportation) that are eligible to be 
                expended for transportation.
          [(4) Use of certain funds.--For purposes of paragraph 
        (3)(B), the prohibitions on the use of funds for 
        matching requirements under section 403(a)(5)(C)(vii) 
        of the Social Security Act (42 U.S.C. 
        603(a)(5)(C)(vii)) shall not apply to Federal or State 
        funds to be used for transportation purposes.
          [(5) Limitation on operating assistance.--A recipient 
        carrying out a program of operating assistance under 
        this section may not limit the level or extent of use 
        of the Government grant for the payment of operating 
        expenses.
  [(i) Program Evaluation.--
          [(1) Comptroller General.--Beginning one year after 
        the date of enactment of the Federal Public 
        Transportation Act of 2005, and every 2 years 
        thereafter, the Comptroller General shall--
                  [(A) conduct a study to evaluate the grant 
                program authorized by this section; and
                  [(B) transmit to the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives and the Committee on 
                Banking, Housing, and Urban Affairs of the 
                Senate a report describing the results of the 
                study under subparagraph (A).
          [(2) Department of Transportation.--Not later than 3 
        years after the date of enactment of Federal Public 
        Transportation Act of 2005, the Secretary shall--
                  [(A) conduct a study to evaluate the 
                effectiveness of the grant program authorized 
                by this section and the effectiveness of 
                recipients making grants to subrecipients under 
                this section; and
                  [(B) transmit to the committees referred to 
                in paragraph (1)(B) a report describing the 
                results of the study under subparagraph (A).

[Sec. 5317. New freedom program

  [(a) Definitions.--In this section, the following definitions 
apply:
          [(1) Recipient.--The term ``recipient'' means a 
        designated recipient (as defined in section 5307(a)(2)) 
        and a State that receives a grant under this section 
        directly.
          [(2) Subrecipient.--The term ``subrecipient'' means a 
        State or local governmental authority, nonprofit 
        organization, or operator of public transportation 
        services that receives a grant under this section 
        indirectly through a recipient.
  [(b) General Authority.--
          [(1) Grants.--The Secretary may make grants under 
        this section to a recipient for new public 
        transportation services and public transportation 
        alternatives beyond those required by the Americans 
        with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) 
        that assist individuals with disabilities with 
        transportation, including transportation to and from 
        jobs and employment support services.
          [(2) Administrative expenses.--A recipient may use 
        not more than 10 percent of the amounts apportioned to 
        the recipient under this section to administer, plan, 
        and provide technical assistance for a project funded 
        under this section.
  [(c) Apportionments.--
          [(1) Formula.--The Secretary shall apportion amounts 
        made available to carry out this section as follows:
                  [(A) 60 percent of the funds shall be 
                apportioned among designated recipients (as 
                defined in section 5307(a)(2)) for urbanized 
                areas with a population of 200,000 or more in 
                the ratio that--
                          [(i) the number of individuals with 
                        disabilities in each such urbanized 
                        area; bears to
                          [(ii) the number of individuals with 
                        disabilities in all such urbanized 
                        areas.
                  [(B) 20 percent of the funds shall be 
                apportioned among the States in the ratio 
                that--
                          [(i) the number of individuals with 
                        disabilities in urbanized areas with a 
                        population of less than 200,000 in each 
                        State; bears to
                          [(ii) the number of individuals with 
                        disabilities in urbanized areas with a 
                        population of less than 200,000 in all 
                        States.
                  [(C) 20 percent of the funds shall be 
                apportioned among the States in the ratio 
                that--
                          [(i) the number of individuals with 
                        disabilities in other than urbanized 
                        areas in each State; bears to
                          [(ii) the number of individuals with 
                        disabilities in other than urbanized 
                        areas in all States.
          [(2) Use of apportioned funds.--Funds apportioned 
        under paragraph (1) shall be used for projects as 
        follows:
                  [(A) Funds apportioned under paragraph (1)(A) 
                shall be used for projects serving urbanized 
                areas with a population of 200,000 or more.
                  [(B) Funds apportioned under paragraph (1)(B) 
                shall be used for projects serving urbanized 
                areas with a population of less than 200,000.
                  [(C) Funds apportioned under paragraph (1)(C) 
                shall be used for projects serving other than 
                urbanized areas.
          [(3) Transfers.--
                  [(A) In general.--A State may transfer any 
                funds apportioned to it under paragraph (1)(B) 
                or (1)(C), or both, to an apportionment under 
                section 5311(c) or 5336, or both.
                  [(B) Limited to eligible projects.--Any funds 
                transferred pursuant to this paragraph shall be 
                made available only for eligible projects 
                selected under this section.
                  [(C) Consultation.--A State may make a 
                transfer of an amount under this subsection 
                only after consulting with responsible local 
                officials and publicly owned operators of 
                public transportation in each area for which 
                the amount originally was awarded under 
                subsection (d)(4).
  [(d) Competitive Process for Grants to Subrecipients.--
          [(1) Areawide solicitations.--A recipient of funds 
        apportioned under subsection (c)(1)(A) shall conduct, 
        in cooperation with the appropriate metropolitan 
        planning organization, an areawide solicitation for 
        applications for grants to the recipient and 
        subrecipients under this section.
          [(2) Statewide solicitation.--A recipient of funds 
        apportioned under subsection (c)(1)(B) or (c)(1)(C) 
        shall conduct a statewide solicitation for applications 
        for grants to the recipient and subrecipients under 
        this section.
          [(3) Application.--Recipients and subrecipients 
        seeking to receive a grant from funds apportioned under 
        subsection (c) shall submit to the recipient an 
        application in the form and in accordance with such 
        requirements as the recipient shall establish.
          [(4) Grant awards.--The recipient shall award grants 
        under paragraphs (1) and (2) on a competitive basis.
  [(e) Grant Requirements.--
          [(1) In general.--A grant under this section shall be 
        subject to all the requirements of section 5310 to the 
        extent the Secretary considers appropriate.
          [(2) Fair and equitable distribution.--A recipient of 
        a grant under this section shall certify that 
        allocations of the grant to subrecipients are 
        distributed on a fair and equitable basis.
  [(f) Coordination.--
          [(1) In general.--The Secretary shall coordinate 
        activities under this section with related activities 
        under programs of other Federal departments and 
        agencies.
          [(2) With nonprofit providers.--A recipient that 
        transfers funds to an apportionment under section 5336 
        pursuant to subsection (c)(2) shall certify that the 
        project for which the funds are requested under this 
        section has been coordinated with nonprofit providers 
        of services.
          [(3) Project selection and planning.--Beginning in 
        fiscal year 2007, a recipient of funds under this 
        section shall certify that--
                  [(A) the projects selected were derived from 
                a locally developed, coordinated public 
                transit-human services transportation plan; and
                  [(B) the plan was developed through a process 
                that included representatives of public, 
                private, and nonprofit transportation and human 
                services providers and participation by the 
                public.
  [(g) Government's Share of Costs.--
          [(1) Capital projects.--A grant for a capital project 
        under this section may not exceed 80 percent of the net 
        capital costs of the project, as determined by the 
        Secretary.
          [(2) Operating assistance.--A grant made under this 
        section for operating assistance may not exceed 50 
        percent of the net operating costs of the project, as 
        determined by the Secretary.
          [(3) Remainder.--The remainder of the net project 
        costs--
                  [(A) may be provided from an undistributed 
                cash surplus, a replacement or depreciation 
                cash fund or reserve, a service agreement with 
                a State or local social service agency or a 
                private social service organization, or new 
                capital; and
                  [(B) may be derived from amounts appropriated 
                to or made available to a department or agency 
                of the Government (other than the Department of 
                Transportation) that are eligible to be 
                expended for transportation.
          [(4) Use of certain funds.--For purposes of paragraph 
        (3)(B), the prohibitions on the use of funds for 
        matching requirements under section 403(a)(5)(C)(vii) 
        of the Social Security Act (42 U.S.C. 
        603(a)(5)(C)(vii)) shall not apply to Federal or State 
        funds to be used for transportation purposes.
          [(5) Limitation on operating assistance.--A recipient 
        carrying out a program of operating assistance under 
        this section may not limit the level or extent of use 
        of the Government grant for the payment of operating 
        expenses.]

Sec. 5317. Coordinated access and mobility program formula grants

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Elderly individual.--The term ``elderly 
        individual'' means an individual who is age 65 or 
        older.
          (2) Eligible low-income individual.--The term 
        ``eligible low-income individual'' means an individual 
        whose family income is at or below 150 percent of the 
        poverty line (as that term is defined in section 673 of 
        the Community Services Block Grant Act (42 U.S.C. 
        9902), including any revision required by that section) 
        for a family of the size involved.
          (3) Job access and reverse commute project.--The term 
        ``job access and reverse commute project'' means a 
        transportation project to finance planning, capital, 
        and operating costs that support the development and 
        maintenance of transportation services designed to 
        transport welfare recipients and eligible low-income 
        individuals to and from jobs and activities related to 
        their employment, including transportation projects 
        that facilitate the provision of public transportation 
        services from urbanized areas and rural areas to 
        suburban employment locations.
          (4) Recipient.--The term ``recipient'' means a 
        designated recipient (as defined in section 5307(a)) 
        and a State that directly receives a grant under this 
        section.
          (5) Subrecipient.--The term ``subrecipient'' means a 
        State or local governmental authority, nonprofit 
        organization, or private operator of public 
        transportation services that receives a grant under 
        this section indirectly through a recipient.
          (6) Welfare recipient.--The term ``welfare 
        recipient'' means an individual who has received 
        assistance under a State or tribal program funded under 
        part A of title IV of the Social Security Act (42 
        U.S.C. 601 et seq.) at any time during the 3-year 
        period before the date on which the applicant applies 
        for a grant under this section.
  (b) Goals.--The goals of the program established under this 
section are to--
          (1) improve the accessibility of the Nation's public 
        transportation systems and services;
          (2) improve the mobility of or otherwise meet the 
        special needs of elderly individuals, eligible low-
        income individuals, and individuals with disabilities; 
        and
          (3) improve the coordination among all providers of 
        public transportation and human services 
        transportation.
  (c) General Authority.--
          (1) Grants.--The Secretary may make grants under this 
        section to recipients for the following purposes:
                  (A) For public transportation projects 
                planned, designed, and carried out to meet the 
                special needs of elderly individuals and 
                individuals with disabilities.
                  (B) For job access and reverse commute 
                projects carried out by the recipient or a 
                subrecipient.
                  (C) For new public transportation services, 
                and for public transportation alternatives 
                beyond those required by the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12101 et 
                seq.), that assist individuals with 
                disabilities with transportation, including 
                transportation to and from jobs and employment 
                support services.
          (2) Acquiring public transportation services.--A 
        public transportation capital project under this 
        section may include acquisition of public 
        transportation services as an eligible capital expense.
          (3) Administrative expenses.--A recipient may use not 
        more than 10 percent of the amounts apportioned to the 
        recipient under this section to administer, plan, and 
        provide technical assistance for a project funded under 
        this section.
  (d) Apportionments.--
          (1) Formula.--The Secretary, using the most recent 
        decennial census data, shall apportion amounts made 
        available for a fiscal year to carry out this section 
        as follows:
                  (A) 50 percent of the funds shall be 
                apportioned among designated recipients (as 
                defined in section 5307(a)) for urbanized areas 
                with a population of 200,000 or more in the 
                ratio that--
                          (i) the number of elderly 
                        individuals, individuals with 
                        disabilities, eligible low-income 
                        individuals, and welfare recipients in 
                        each such urbanized area; bears to
                          (ii) the number of elderly 
                        individuals, individuals with 
                        disabilities, eligible low-income 
                        individuals, and welfare recipients in 
                        all such urbanized areas.
                  (B) 25 percent of the funds shall be 
                apportioned among the States in the ratio 
                that--
                          (i) the number of elderly 
                        individuals, individuals with 
                        disabilities, eligible low-income 
                        individuals, and welfare recipients in 
                        urbanized areas with a population of 
                        less than 200,000 in each State; bears 
                        to
                          (ii) the number of elderly 
                        individuals, individuals with 
                        disabilities, eligible low-income 
                        individuals, and welfare recipients in 
                        urbanized areas with a population of 
                        less than 200,000 in all States.
                  (C) 25 percent of the funds shall be 
                apportioned among the States in the ratio 
                that--
                          (i) the number of elderly 
                        individuals, individuals with 
                        disabilities, eligible low-income 
                        individuals, and welfare recipients in 
                        rural areas with a population of less 
                        than 50,000 in each State; bears to
                          (ii) the number of elderly 
                        individuals, individuals with 
                        disabilities, eligible low-income 
                        individuals, and welfare recipients in 
                        rural areas with a population of less 
                        than 50,000 in all States.
          (2) Use of apportioned funds.--Except as provided in 
        paragraph (3)--
                  (A) funds apportioned under paragraph (1)(A) 
                shall be used for projects serving urbanized 
                areas with a population of 200,000 or more;
                  (B) funds apportioned under paragraph (1)(B) 
                shall be used for projects serving urbanized 
                areas with a population of less than 200,000; 
                and
                  (C) funds apportioned under paragraph (1)(C) 
                shall be used for projects serving rural areas.
          (3) Exceptions.--A State may use funds apportioned 
        under paragraph (1)(B) or (1)(C)--
                  (A) for projects serving areas other than the 
                area specified in paragraph (2)(B) or (2)(C), 
                as the case may be, if the Governor of the 
                State certifies that all of the objectives of 
                this section are being met in the specified 
                area; or
                  (B) for projects anywhere in the State if the 
                State has established a statewide program for 
                meeting the objectives of this section.
          (4) Minimum apportionment.--
                  (A) In general.--The Secretary may establish 
                a minimum apportionment for States and 
                territories under paragraph (1).
                  (B) Limitation.--A minimum apportionment 
                received by a State or territory under this 
                paragraph for a fiscal year may not exceed the 
                total of the fiscal year 2012 apportionments 
                received by the State or territory under 
                sections 5310, 5316, and 5317 (as in effect on 
                the day before the date of enactment of the 
                Public Transportation Act of 2012).
  (e) Competitive Process for Grants to Subrecipients.--
          (1) Areawide solicitations.--A recipient of funds 
        apportioned under subsection (d)(1)(A) shall conduct, 
        in cooperation with the appropriate metropolitan 
        planning organization, an areawide solicitation for 
        applications for grants to the recipient and 
        subrecipients under this section.
          (2) Statewide solicitation.--A recipient of funds 
        apportioned under subsection (d)(1)(B) or (d)(1)(C) 
        shall conduct a statewide solicitation for applications 
        for grants to the recipient and subrecipients under 
        this section.
          (3) Special rule.--A recipient of a grant under this 
        section may allocate the amounts provided under the 
        grant to--
                  (A) a nonprofit organization or private 
                operator of public transportation, if the 
                public transportation service provided under 
                subsection (c)(1) is unavailable, insufficient, 
                or inappropriate; or
                  (B) in the case of a grant to provide the 
                services described in subsection (c)(1)(A), a 
                governmental authority that--
                          (i) is approved by the recipient to 
                        coordinate services for elderly 
                        individuals and individuals with 
                        disabilities; or
                          (ii) certifies that there are not any 
                        nonprofit organizations or private 
                        operators of public transportation 
                        services readily available in the area 
                        to provide the services described in 
                        subsection (c)(1)(A).
          (4) Application.--Recipients and subrecipients 
        seeking to receive a grant from funds apportioned under 
        subsection (d) shall submit to the recipient an 
        application in such form and in accordance with such 
        requirements as the recipient shall establish.
          (5) Grant awards.--The recipient shall award grants 
        under paragraphs (1) and (2) on a competitive basis.
          (6) Fair and equitable distribution.--A recipient of 
        a grant under this section shall certify to the 
        Secretary that allocations of the grant to 
        subrecipients will be distributed on a fair, equitable, 
        and competitive basis.
  (f) Grant Requirements.--With respect to a grant made to 
provide services described in subsection (c), the Secretary 
shall apply grant requirements that are consistent with 
requirements for activities authorized under sections 5310, 
5316, and 5317 (as such sections were in effect on the day 
before the date of enactment of the Public Transportation Act 
of 2012).
  (g) Coordination.--
          (1) In general.--The Secretary shall coordinate 
        activities under this section with related activities 
        under programs of other Federal departments and 
        agencies.
          (2) Project selection and planning.--A recipient of 
        funds under this section shall certify to the Secretary 
        that--
                  (A) the projects selected to receive funding 
                under this section were derived from a locally 
                developed, coordinated public transportation-
                human services transportation plan;
                  (B) the plan was developed through a process 
                that included participation by representatives 
                of public, private, and nonprofit 
                transportation and human services providers and 
                participation by the public and appropriate 
                advocacy organizations; and
                  (C) the planning process provided for 
                consideration of projects and strategies to 
                create or improve regional transportation 
                services that connect multiple jurisdictions.
  (h) Government's Share of Costs.--
          (1) Capital projects.--
                  (A) In general.--Except as provided in 
                subparagraph (B), a grant for a capital project 
                under this section shall be for 80 percent of 
                the net capital costs of the project, as 
                determined by the Secretary. The recipient may 
                provide additional local matching amounts.
                  (B) Exception.--A State described in section 
                120(b) of title 23 shall receive an increased 
                Government share in accordance with the formula 
                under such section.
          (2) Operating assistance.--
                  (A) In general.--Except as provided in 
                subparagraph (B), a grant made under this 
                section for operating assistance may not exceed 
                50 percent of the net operating costs of the 
                project, as determined by the Secretary.
                  (B) Exception.--A State described in section 
                120(b) of title 23 shall receive a Government 
                share of the net operating costs that equals 
                62.5 percent of the Government share provided 
                for under paragraph (1)(B).
          (3) Remainder.--The remainder of the net project 
        costs--
                  (A) may be provided from an undistributed 
                cash surplus, a replacement or depreciation 
                cash fund or reserve, a service agreement with 
                a State or local social service agency or a 
                private social service organization, or new 
                capital;
                  (B) may be derived from amounts appropriated 
                to or made available to a department or agency 
                of the Government (other than the Department of 
                Transportation) that are eligible to be 
                expended for transportation; and
                  (C) notwithstanding subparagraph (B), may be 
                derived from amounts made available to carry 
                out the Federal lands transportation program 
                established by section 203 of title 23.
          (4) Use of certain funds.--For purposes of paragraph 
        (3)(B), the prohibitions on the use of funds for 
        matching requirements under section 403(a)(5)(C)(vii) 
        of the Social Security Act (42 U.S.C. 
        603(a)(5)(C)(vii)) shall not apply to Federal or State 
        funds to be used for transportation purposes.
          (5) Limitation on operating assistance.--A recipient 
        carrying out a program of operating assistance under 
        this section may not limit the level or extent of use 
        of the Government grant for the payment of operating 
        expenses.
  (i) Leasing Vehicles.--Vehicles and equipment acquired under 
this section may be leased to a recipient or subrecipient to 
improve transportation services designed to meet the special 
needs of elderly individuals, eligible low-income individuals, 
and individuals with disabilities.
  (j) Meal Delivery for Homebound Individuals.--Public 
transportation service providers receiving assistance under 
this section or section 5311(c) may coordinate and assist in 
regularly providing meal delivery service for homebound 
individuals if the delivery service does not conflict with 
providing public transportation service or reduce service to 
public transportation passengers.
  (k) Transfers of Facilities and Equipment.--With the consent 
of the recipient in possession of a facility or equipment 
acquired with a grant under this section, a State may transfer 
the facility or equipment to any recipient eligible to receive 
assistance under this chapter if the facility or equipment will 
continue to be used as required under this section.
  (l) Program Evaluation.--Not later than 2 years after the 
date of enactment of the Public Transportation Act of 2012, and 
not later than 2 years thereafter, the Comptroller General of 
the United States shall--
          (1) conduct a study to evaluate the grant program 
        authorized by this section, including a description of 
        how grant recipients have coordinated activities 
        carried out under this section with transportation 
        activities carried out by recipients using grants 
        awarded under title III of the Older Americans Act of 
        1965 (42 U.S.C. 3021 et seq.); and
          (2) transmit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs of the 
        Senate a report describing the results of the study 
        under subparagraph (A).

           *       *       *       *       *       *       *

Sec. 5319. Bicycle facilities

  A project to provide access for bicycles to public 
transportation facilities, to provide shelters and parking 
facilities for bicycles in or around public transportation 
facilities, or to install equipment for transporting bicycles 
on public transportation vehicles is a capital project eligible 
for assistance under sections 5307, 5309, and 5311 of this 
title. [Notwithstanding sections 5307(e), 5309(h), and 5311(g) 
of this title, a grant of the United States Government under 
this chapter for a project made eligible by this section is for 
90 percent of the cost of the project, except that, if the 
grant or any portion of the grant is made with funds required 
to be expended under 5307(d)(1)(K) and the project involves 
providing bicycle access to public transportation, that grant 
or portion of that grant shall be at a Federal share of 95 
percent.]

[Sec. 5320. Alternative transportation in parks and public lands

  [(a) Program Name.--The program authorized by this section 
shall be known as the Paul S. Sarbanes Transit in Parks 
Program.
  [(b) In General.--
          [(1) Authorization.--
                  [(A) In general.--The Secretary, in 
                consultation with the Secretary of the 
                Interior, may award a grant or enter into a 
                contract, cooperative agreement, interagency 
                agreement, intraagency agreement, or other 
                agreement to carry out a qualified project 
                under this section to enhance the protection of 
                national parks and public lands and increase 
                the enjoyment of those visiting the parks and 
                public lands by--
                          [(i) ensuring access to all, 
                        including persons with disabilities;
                          [(ii) improving conservation and park 
                        and public land opportunities in urban 
                        areas through partnering with State and 
                        local governments; and
                          [(iii) improving park and public land 
                        transportation infrastructure.
                  [(B) Consultation with other agencies.--To 
                the extent that projects are proposed or funded 
                in eligible areas that are not within the 
                jurisdiction of the Department of the Interior, 
                the Secretary of the Interior shall consult 
                with the heads of the relevant Federal land 
                management agencies in carrying out the 
                responsibilities under this section.
          [(2) Use of funds.--A grant, cooperative agreement, 
        interagency agreement, intra--agency agreement, or 
        other agreement for a qualified project under this 
        section shall be available to finance the leasing of 
        equipment and facilities for use in public 
        transportation, subject to any regulation that the 
        Secretary may prescribe limiting the grant or agreement 
        to leasing arrangements that are more cost-effective 
        than purchase or construction.
          [(3) Alternative transportation facilities and 
        services.--Projects receiving assistance under this 
        section shall provide alternative transportation 
        facilities and services that complement and enhance 
        existing transportation services in national parks and 
        public lands in a manner that is consistent with 
        Department of Interior and other public land management 
        policies regarding private automobile access to and in 
        such parks and lands.
  [(c) Definitions.--In this section, the following definitions 
apply:
          [(1) Eligible area.--The term ``eligible area'' means 
        any federally owned or managed park, refuge, or 
        recreational area that is open to the general public, 
        including--
                  [(A) a unit of the National Park System;
                  [(B) a unit of the National Wildlife Refuge 
                System;
                  [(C) a recreational area managed by the 
                Bureau of Land Management;
                  [(D) a recreation area managed by the Bureau 
                of Reclamation; and
                  [(E) a unit of the National Forest System.
          [(2) Federal land management agency.--The term 
        ``Federal land management agency'' means a Federal 
        agency that manages an eligible area.
          [(3) Alternative transportation.--The term 
        ``alternative transportation'' means transportation by 
        bus, rail, or any other publicly or privately owned 
        conveyance that provides to the public general or 
        special service on a regular basis, including 
        sightseeing service. Such term also includes a 
        nonmotorized transportation system (including the 
        provision of facilities for pedestrians, bicycles, and 
        nonmotorized watercraft).
          [(4) Qualified participant.--The term ``qualified 
        participant'' means--
                  [(A) a Federal land management agency; or
                  [(B) a State, tribal, or local governmental 
                authority with jurisdiction over land in the 
                vicinity of an eligible area acting with the 
                consent of the Federal land management agency, 
                alone or in partnership with a Federal land 
                management agency or other governmental or 
                nongovernmental participant.
          [(5) Qualified project.--The term ``qualified 
        project'' means a planning or capital project in or in 
        the vicinity of an eligible area that--
                  [(A) is an activity described in section 
                5302(a)(1), 5303, 5304, 5305, or 5309(b);
                  [(B) involves--
                          [(i) the purchase of rolling stock 
                        that incorporates clean fuel technology 
                        or the replacement of buses of a type 
                        in use on the date of enactment of the 
                        Federal Public Transportation Act of 
                        2005 with clean fuel vehicles; or
                          [(ii) the deployment of alternative 
                        transportation vehicles that introduce 
                        innovative technologies or methods;
                  [(C) relates to the capital costs of 
                coordinating the Federal land management agency 
                public transportation systems with other public 
                transportation systems;
                  [(D) provides a nonmotorized transportation 
                system (including the provision of facilities 
                for pedestrians, bicycles, and nonmotorized 
                watercraft);
                  [(E) provides waterborne access within or in 
                the vicinity of an eligible area, as 
                appropriate to and consistent with this 
                section; or
                  [(F) is any other alternative transportation 
                project that--
                          [(i) enhances the environment;
                          [(ii) prevents or mitigates an 
                        adverse impact on a natural resource;
                          [(iii) improves Federal land 
                        management agency resource management;
                          [(iv) improves visitor mobility and 
                        accessibility and the visitor 
                        experience;
                          [(v) reduces congestion and pollution 
                        (including noise pollution and visual 
                        pollution); or
                          [(vi) conserves a natural, 
                        historical, or cultural resource 
                        (excluding rehabilitation or 
                        restoration of a non-transportation 
                        facility).
  [(d) Federal Agency Cooperative Arrangements.--The Secretary 
shall develop cooperative arrangements with the Secretary of 
the Interior that provide for--
          [(1) technical assistance in alternative 
        transportation;
          [(2) interagency and multidisciplinary teams to 
        develop Federal land management agency alternative 
        transportation policy, procedures, and coordination; 
        and
          [(3) the development of procedures and criteria 
        relating to the planning, selection, and funding of 
        qualified projects and the implementation and oversight 
        of the program of projects in accordance with this 
        section.
  [(e) Limitation on Use of Available Amounts.--
          [(1) In general.--The Secretary, in consultation with 
        the Secretary of the Interior, may use not more than 10 
        percent of the amount made available for a fiscal year 
        under section 5338(b)(2)(J) to administer this section 
        and to carry out planning, research, and technical 
        assistance under this section, including the 
        development of technology appropriate for use in a 
        qualified project.
          [(2) Additional amounts.--Amounts made available 
        under this subsection are in addition to amounts 
        otherwise available to the Secretary to carry out 
        planning, research, and technical assistance under this 
        chapter or any other provision of law.
          [(3) Maximum amount.--No qualified project shall 
        receive more than 25 percent of the total amount made 
        available to carry out this section under section 
        5338(b)(2)(J) for any fiscal year.
          [(4) Transfers to land management agencies.--The 
        Secretary may transfer amounts available under 
        paragraph (1) to the appropriate Federal land 
        management agency to pay necessary costs of the agency 
        for such activities described in paragraph (1) in 
        connection with activities being carried out under this 
        section.
  [(f) Planning Process.--In undertaking a qualified project 
under this section--
          [(1) if the qualified participant is a Federal land 
        management agency--
                  [(A) the Secretary, in cooperation with the 
                Secretary of the Interior, shall develop 
                transportation planning procedures that are 
                consistent with--
                          [(i) the metropolitan planning 
                        provisions under section 5303;
                          [(ii) the statewide planning 
                        provisions under section 5304; and
                          [(iii) the public participation 
                        requirements under section 5307(d); and
                  [(B) in the case of a qualified project that 
                is at a unit of the National Park System, the 
                planning process shall be consistent with the 
                general management plans of the unit of the 
                National Park System; and
          [(2) if the qualified participant is a State or local 
        governmental authority, or more than one State or local 
        governmental authority in more than one State, the 
        qualified participant shall--
                  [(A) comply with the metropolitan planning 
                provisions under section 5303;
                  [(B) comply with the statewide planning 
                provisions under section 5304;
                  [(C) comply with the public participation 
                requirements under section 5307(d); and
                  [(D) consult with the appropriate Federal 
                land management agency during the planning 
                process.
  [(g) Cost Sharing.--
          [(1) Government's share.--The Secretary, in 
        cooperation with the Secretary of the Interior, shall 
        establish the Government's share of the net project 
        cost to be provided to a qualified participant under 
        this section.
          [(2) Considerations.--In establishing the 
        Government's share of the net project cost to be 
        provided under this section, the Secretary shall 
        consider--
                  [(A) visitation levels and the revenue 
                derived from user fees in the eligible area in 
                which the qualified project is carried out;
                  [(B) the extent to which the qualified 
                participant coordinates with a public 
                transportation authority or private entity 
                engaged in public transportation;
                  [(C) private investment in the qualified 
                project, including the provision of contract 
                services, joint development activities, and the 
                use of innovative financing mechanisms;
                  [(D) the clear and direct benefit to the 
                qualified participant; and
                  [(E) any other matters that the Secretary 
                considers appropriate to carry out this 
                section.
          [(3) Special rule.--Notwithstanding any other 
        provision of law, funds appropriated to any Federal 
        land management agency may be counted toward the 
        remainder of the net project cost.
  [(h) Selection of Qualified Projects.--
          [(1) In general.--The Secretary of the Interior, 
        after consultation with and in cooperation with the 
        Secretary, shall determine the final selection and 
        funding of an annual program of qualified projects in 
        accordance with this section.
          [(2) Considerations.--In determining whether to 
        include a project in the annual program of qualified 
        projects, the Secretary of the Interior shall 
        consider--
                  [(A) the justification for the qualified 
                project, including the extent to which the 
                qualified project would conserve resources, 
                prevent or mitigate adverse impact, and enhance 
                the environment;
                  [(B) the location of the qualified project, 
                to ensure that the selected qualified 
                projects--
                          [(i) are geographically diverse 
                        nationwide; and
                          [(ii) include qualified projects in 
                        eligible areas located in both urban 
                        areas and rural areas;
                  [(C) the size of the qualified project, to 
                ensure that there is a balanced distribution;
                  [(D) the historical and cultural significance 
                of a qualified project;
                  [(E) safety;
                  [(F) the extent to which the qualified 
                project would--
                          [(i) enhance livable communities;
                          [(ii) reduce pollution (including 
                        noise pollution, air pollution, and 
                        visual pollution);
                          [(iii) reduce congestion; and
                          [(iv) improve the mobility of people 
                        in the most efficient manner; and
                  [(G) any other matters that the Secretary of 
                the Interior considers appropriate to carry out 
                this section, including--
                          [(i) visitation levels;
                          [(ii) the use of innovative financing 
                        or joint development strategies; and
                          [(iii) coordination with gateway 
                        communities.
  [(i) Qualified Projects Carried Out in Advance.--
          [(1) In general.--When a qualified participant 
        carries out any part of a qualified project without 
        assistance under this section in accordance with all 
        applicable procedures and requirements, the Secretary, 
        in consultation with the Secretary of the Interior, may 
        pay the share of the net capital project cost of a 
        qualified project if--
                  [(A) the qualified participant applies for 
                the payment;
                  [(B) the Secretary approves the payment; and
                  [(C) before carrying out that part of the 
                qualified project, the Secretary approves the 
                plans and specifications in the same manner as 
                plans and specifications are approved for other 
                projects assisted under this section.
          [(2) Financing costs.--
                  [(A) In general.--The cost of carrying out 
                part of a qualified project under paragraph (1) 
                includes the amount of interest earned and 
                payable on bonds issued by a State or local 
                governmental authority, to the extent that 
                proceeds of the bond are expended in carrying 
                out that part.
                  [(B) Limitation on amount of interest.--The 
                rate of interest under this paragraph may not 
                exceed the most favorable rate reasonably 
                available for the qualified project at the time 
                of borrowing.
                  [(C) Certification.--The qualified 
                participant shall certify, in a manner 
                satisfactory to the Secretary, that the 
                qualified participant has exercised reasonable 
                diligence in seeking the most favorable 
                interest rate.
  [(j) Relationship to Other Laws.--
          [(1) Section 5307.--A qualified participant under 
        this section shall be subject to the requirements of 
        sections 5307 and 5333(a) to the extent the Secretary 
        determines to be appropriate.
          [(2) Other requirements.--A qualified participant 
        under this section shall be subject to any other 
        requirements that the Secretary determines to be 
        appropriate to carry out this section, including 
        requirements for the distribution of proceeds on 
        disposition of real property and equipment resulting 
        from a qualified project assisted under this section.
          [(3) Project management plan.--If the amount of 
        assistance anticipated to be required for a qualified 
        project under this section is not less than 
        $25,000,000--
                  [(A) the qualified project shall, to the 
                extent the Secretary considers appropriate, be 
                carried out through a full funding grant 
                agreement in accordance with section 5309(g); 
                and
                  [(B) the qualified participant shall prepare 
                a project management plan in accordance with 
                section 5327(a).
  [(k) Asset Management.--The Secretary, in consultation with 
the Secretary of the Interior, may transfer the interest of the 
Department of Transportation in, and control over, all 
facilities and equipment acquired under this section to a 
qualified participant for use and disposition in accordance 
with any property management regulations that the Secretary 
determines to be appropriate.
  [(l) Coordination of Research and Deployment of New 
Technologies.--
          [(1) Grants and other assistance.--The Secretary, in 
        cooperation with the Secretary of the Interior, may 
        undertake, or make grants, cooperative agreements, 
        contracts (including agreements with departments, 
        agencies, and instrumentalities of the Federal 
        Government) or other agreements for research, 
        development, and deployment of new technologies in 
        eligible areas that will--
                  [(A) conserve resources;
                  [(B) prevent or mitigate adverse 
                environmental impact;
                  [(C) improve visitor mobility, accessibility, 
                and enjoyment; and
                  [(D) reduce pollution (including noise 
                pollution and visual pollution).
          [(2) Information.--The Secretary may request and 
        receive appropriate information from any source.
          [(3) Funding.--Grants, cooperative agreements, 
        contracts, and other agreements under paragraph (1) 
        shall be awarded from amounts allocated under 
        subsection (e)(1).
  [(m) Innovative Financing.--A qualified project receiving 
financial assistance under this section shall be eligible for 
funding through a State infrastructure bank or other innovative 
financing mechanism available to finance an eligible project 
under this chapter.
  [(n) Reports.--
          [(1) In general.--The Secretary, in consultation with 
        the Secretary of the Interior, shall annually submit a 
        report on the allocation of amounts made available to 
        assist qualified projects under this section to--
                  [(A) the Committee on Banking, Housing, and 
                Urban Affairs of the Senate;
                  [(B) the Committee on Transportation and 
                Infrastructure of the House of Representatives; 
                and
                  [(C) the Committee on Resources of the House 
                of Representatives and the Committee on Energy 
                and Natural Resources of the Senate.
          [(2) Annual reports.--The report required under 
        paragraph (1) shall be included in the report submitted 
        under section 5309(k)(1).]

           *       *       *       *       *       *       *

[Sec. 5322. Human resource programs]

Sec. 5322. Training and technical assistance programs

  (a) In General.--The Secretary of Transportation may 
undertake, or make grants and contracts for, [programs that 
address human resource needs as they apply to public 
transportation activities] programs that address training and 
outreach needs as they apply to public transportation 
activities, and programs that provide public transportation-
related technical assistance to providers of public 
transportation services. A program may include--
          (1) * * *

           *       *       *       *       *       *       *

          (3) research on public transportation personnel and 
        training needs; [and]
          (4) training and assistance for minority business 
        opportunities[.]; and
          (5) technical assistance provided through national 
        nonprofit organizations with demonstrated capacity and 
        expertise in a particular area of public transportation 
        policy.

           *       *       *       *       *       *       *

  (c) National Transit Institute.--
          (1) Grants and contracts.--The Secretary may award 
        grants or enter into contracts with a public university 
        to establish a National Transit Institute to support 
        training and educational programs for Federal, State, 
        and local transportation employees engaged or to be 
        engaged in Government-aid public transportation work.
          (2) Education and training.--The National Transit 
        Institute shall provide education and training to 
        employees of State and local governments at no cost 
        when the education and training is related to a 
        responsibility under a Government program.
  (d) Technical Assistance.--The Secretary may provide public 
transportation-related technical assistance under this section 
as follows:
          (1) To help public transportation providers comply 
        with the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12101 et seq.) through a competitively selected 
        contract or cooperative agreement with a national 
        nonprofit organization serving individuals with 
        disabilities that has a demonstrated capacity to carry 
        out technical assistance, demonstration programs, 
        research, public education, and other activities 
        related to complying with such Act.
          (2) To help public transportation providers comply 
        with human services transportation coordination 
        requirements and to enhance the coordination of Federal 
        resources for human services transportation with those 
        of the Department of Transportation through a 
        competitively selected contract or cooperative 
        agreement with a national nonprofit organization that 
        has a demonstrated capacity to carry out technical 
        assistance, training, and support services related to 
        complying with such requirements.
          (3) To help public transportation providers meet the 
        transportation needs of elderly individuals through a 
        competitively selected contract or cooperative 
        agreement with a national nonprofit organization 
        serving elderly individuals that has a demonstrated 
        capacity to carry out such activities.
          (4) To provide additional technical assistance, 
        mobility management services, volunteer support 
        services, training, and research that the Secretary 
        determines will assist public transportation providers 
        meet the goals of this section.
  (e) Funding.--Training and outreach programs and technical 
assistance activities performed under this section shall be 
paid for with administrative funds made available under section 
5338(c).

Sec. 5323. General provisions on assistance

  (a) * * *

           *       *       *       *       *       *       *

  (e) Bond Proceeds Eligible for Local Share.--
          (1) * * *

           *       *       *       *       *       *       *

          [(4) Pilot program for urbanized areas.--
                  [(A) In general.--The Secretary shall 
                establish a pilot program to reimburse not to 
                exceed 10 eligible recipients for deposits of 
                bond proceeds in a debt service reserve that 
                the recipient establishes pursuant to section 
                5302(a)(1)(K) from amounts made available to 
                the recipient under section 5307.
                  [(B) Report.--Not later than July 31, 2008, 
                the Secretary shall submit to the Committee on 
                Banking, Housing, and Urban Affairs of the 
                Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives 
                a report on the status and effectiveness of the 
                pilot program established under subparagraph 
                (A).]

           *       *       *       *       *       *       *

  (i) Government's Share of Costs for Certain Projects.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Costs incurred by providers of public 
        transportation by vanpool.--
                  (A) Local matching share.--The local matching 
                share provided by a recipient of assistance for 
                a capital project under this chapter may 
                include any amounts expended by a provider of 
                public transportation by vanpool for the 
                acquisition of rolling stock to be used by such 
                provider in the recipient's service area, 
                excluding any amounts the provider may have 
                received in Federal, State, or local government 
                assistance for such acquisition.
                  (B) Use of revenues.--A private provider of 
                public transportation by vanpool may use 
                revenues it receives in the provision of public 
                transportation service in the service area of a 
                recipient of assistance under this chapter that 
                are in excess of the provider's operating costs 
                for the purpose of acquiring rolling stock, if 
                the private provider enters into a legally 
                binding agreement with the recipient that 
                requires the provider to use the rolling stock 
                in the recipient's service area.
                  (C) Definitions.--In this paragraph, the 
                following definitions apply:
                          (i) Private provider of public 
                        transportation by vanpool.--The term 
                        ``private provider of public 
                        transportation by vanpool'' means a 
                        private entity providing vanpool 
                        services in the service area of a 
                        recipient of assistance under this 
                        chapter using a commuter highway 
                        vehicle or vanpool vehicle.
                          (ii) Commuter highway vehicle; 
                        vanpool vehicle.--The term ``commuter 
                        highway vehicle'' or ``vanpool 
                        vehicle'' means any vehicle--
                                  (I) the seating capacity of 
                                which is at least 6 adults (not 
                                including the driver); and
                                  (II) at least 80 percent of 
                                the mileage use of which can be 
                                reasonably expected to be for 
                                the purposes of transporting 
                                commuters in connection with 
                                travel between their residences 
                                and their place of employment.
          (4) Incentives for competitively contracted 
        service.--
                  (A) Eligibility.--Subject to subparagraph 
                (C), a recipient of assistance under this 
                chapter that meets the targets under 
                subparagraph (B) for competitively contracted 
                service shall be eligible, at the request of 
                the recipient, for a Federal share of 90 
                percent for the capital cost of buses and bus-
                related facilities and equipment purchased with 
                financial assistance made available under this 
                chapter.
                  (B) Target.--To qualify for the competitively 
                contracted service incentive program under this 
                paragraph, a public transit agency or 
                governmental unit shall competitively contract 
                for at least 20 percent of its fixed route bus 
                service. The percentage of competitively 
                contracted service shall be calculated by 
                determining the ratio of competitively 
                contracted service vehicles operated in annual 
                maximum service to total vehicles operated in 
                annual maximum service.
                  (C) Maintenance of effort.--A public transit 
                agency or governmental unit shall be eligible 
                for an increased Federal share under this 
                paragraph only if the amount of State and local 
                funding provided to the affected public transit 
                agency or governmental unit for the capital 
                cost of buses and bus-related facilities and 
                equipment will not be less than the average 
                amount of funding for such purposes provided 
                during the 3 fiscal years preceding the date of 
                enactment of this paragraph.
                  (D) Definitions.--In this paragraph, the 
                following definitions apply:
                          (i) Competitively contracted 
                        service.--The term ``competitively 
                        contracted service'' means fixed route 
                        bus transportation service purchased by 
                        a public transit agency or governmental 
                        unit from a private transportation 
                        provider based on a written contract.
                          (ii) Vehicles operated in annual 
                        maximum service.--The term ``vehicles 
                        operated in annual maximum service'' 
                        means the number of transit vehicles 
                        operated to meet the annual maximum 
                        service requirement during the peak 
                        season of the year, on the week and day 
                        that maximum service is provided.
  (j) Buy America.--(1) * * *

           *       *       *       *       *       *       *

          (10) Application of buy america to transit 
        programs.--The requirements of this subsection apply to 
        all contracts for a project carried out within the 
        scope of the applicable finding, determination, or 
        decision under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.), regardless of the 
        funding source of such contracts, if at least one 
        contract for the project is funded with amounts made 
        available to carry out this chapter.
          (11) Additional waiver requirements.--
                  (A) In general.--If the Secretary receives a 
                request for a waiver under this section, the 
                Secretary shall provide notice of and an 
                opportunity for public comment on the request 
                at least 30 days before making a finding based 
                on the request.
                  (B) Notice requirements.--A notice provided 
                under subparagraph (A) shall include the 
                information available to the Secretary 
                concerning the request and shall be provided by 
                electronic means, including on the official 
                public Internet Web site of the Department of 
                Transportation
                  (C) Detailed justification.--If the Secretary 
                issues a waiver under this subsection, the 
                Secretary shall publish in the Federal Register 
                a detailed justification for the waiver that 
                addresses the public comments received under 
                subparagraph (A) and shall ensure that such 
                justification is published before the waiver 
                takes effect.

           *       *       *       *       *       *       *

  (q) Reasonable Access to Public Transportation Facilities.--A 
recipient of assistance under this chapter may not deny 
reasonable access for a private intercity or charter 
transportation operator to federally funded public 
transportation facilities, including intermodal facilities, 
park and ride lots, and bus-only highway lanes.

           *       *       *       *       *       *       *

Sec. 5325. Contract requirements

  (a) * * *

           *       *       *       *       *       *       *

  (h) Grant Prohibition.--A grant awarded under this chapter or 
the [Federal Public Transportation Act of 2005] Public 
Transportation Act of 2012 may not be used to support a 
procurement that uses an exclusionary or discriminatory 
specification.

           *       *       *       *       *       *       *

  (k) Veterans Employment.--Recipients and subrecipients of 
Federal financial assistance under this chapter shall ensure 
that contractors working on a capital project funded using such 
assistance give a preference in the hiring or referral of 
laborers to veterans, as defined in section 2108 of title 5, 
who have the requisite skills and abilities to perform the 
construction work required under the contract.

Sec. 5326. Private sector participation

  (a) General Purposes.--In the interest of fulfilling the 
general purposes of this chapter under section 5301(f), the 
Secretary shall--
          (1) better coordinate public and private sector-
        provided public transportation services; and
          (2) promote more effective utilization of private 
        sector expertise, financing, and operational capacity 
        to deliver costly and complex new fixed guideway 
        capital projects.
  (b) Actions to Promote Better Coordination Between Public and 
Private Sector Providers of Public Transportation.--The 
Secretary shall--
          (1) provide technical assistance to recipients of 
        Federal transit grant assistance on practices and 
        methods to best utilize private providers of public 
        transportation; and
          (2) educate recipients of Federal transit grant 
        assistance on laws and regulations under this chapter 
        that impact private providers of public transportation.
  (c) Actions to Provide Technical Assistance for Alternative 
Project Delivery Methods.--Upon request by a sponsor of a new 
fixed guideway capital project, the Secretary shall--
          (1) identify best practices for public-private 
        partnerships models in the United States and in other 
        countries;
          (2) develop standard public-private partnership 
        transaction model contracts; and
          (3) perform financial assessments that include the 
        calculation of public and private benefits of a 
        proposed public-private partnership transaction.

Sec. 5327. Project management oversight

  (a) * * *

           *       *       *       *       *       *       *

  (c) Limitations.--
          (1) Limitations on use of available amounts.--Of the 
        amounts made available to carry out this chapter for a 
        fiscal year, the Secretary may use not more than the 
        following amounts [to make contracts] for the 
        activities described in paragraph (2):
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) 0.5 percent of amounts made available to 
                carry out section [5310] 5317.

           *       *       *       *       *       *       *

                  [(F) 0.5 percent of amounts made available to 
                carry out section 5320.]
                  (F) 1 percent of amounts made available to 
                carry out section 5337.
                  (G) 0.75 percent of amounts made available to 
                carry out section 5317.
          (2) Activities.--Paragraph (1) shall apply to the 
        following:
                  (A) * * *
                  (B) Activities to review and audit the safety 
                and security, procurement, management, and 
                financial compliance of a recipient or 
                subrecipient of funds under sections 5305, 
                5307, 5309, [5310] 5317, [5311, and 5320] and 
                5311.

           *       *       *       *       *       *       *

Sec. 5328. Project review

  (a) * * *

           *       *       *       *       *       *       *

  [(c) Program of Interrelated Projects.--(1) In this 
subsection, a program of interrelated projects includes the 
following:
          [(A) the New Jersey Urban Core Project (as defined in 
        title III of the Intermodal Surface Transportation 
        Efficiency Act of 1991 (Public Law 102-240, 105 Stat. 
        2087)).
          [(B) the San Francisco Bay Area Rail Extension 
        Program, consisting of at least an extension of the San 
        Francisco Bay Area Rapid Transit District to the San 
        Francisco International Airport (Phase 1a to Colma and 
        Phase 1b to San Francisco Airport), the Santa Clara 
        County Transit District Tasman Corridor Project, a 
        program element designated by a change to the 
        Metropolitan Transportation Commission Resolution No. 
        1876, and a program element financed completely with 
        non-Government amounts, including the BART Warm Springs 
        Extension, Dublin Extension, and West Pittsburg 
        Extension.
          [(C) the Los Angeles Metro Rail Minimum Operable 
        Segment-3 Program, consisting of 7 stations and 
        approximately 11.6 miles of heavy rail subway on the 
        following lines:
                  [(i) one line running west and northwest from 
                the Hollywood/Vine station to the North 
                Hollywood station, with 2 intermediate 
                stations.
                  [(ii) one line running west from the 
                Wilshire/Western station to the Pico/San 
                Vicente station, with one intermediate station.
                  [(iii) the East Side Extension, consisting of 
                an initial line of approximately 3 miles, with 
                at least 2 stations, beginning at Union Station 
                and running generally east.
          [(D) the Baltimore-Washington Transportation 
        Improvement Program, consisting of 3 extensions of the 
        Baltimore Light Rail to Hunt Valley, Penn Station, and 
        Baltimore-Washington Airport, MARC extensions to 
        Frederick and Waldorf, Maryland, and an extension of 
        the Washington Subway system to Largo, Maryland.
          [(E) the Tri-County Metropolitan Transportation 
        District of Oregon Light Rail Program, consisting of 
        the locally preferred alternative for the Westside 
        Light Rail Project, including system related costs, 
        contained in the Department of Transportation and 
        Related Agencies Appropriations Act, 1991 (Public Law 
        101-516, 104 Stat. 2155), and defined in House Report 
        101-584, the Hillsboro extension to the Westside Light 
        Rail Project contained in that Act, and the locally 
        preferred alternative for the South/North Corridor 
        Project.
          [(F) the Queens Local/Express Connector Program, 
        consisting of the locally preferred alternative for the 
        connection of the 63d Street tunnel extension to the 
        Queens Boulevard lines, the bell-mouth part of the 
        connector that will allow for future access by commuter 
        rail trains and other subway lines to the 63d Street 
        tunnel extension, planning elements for connecting the 
        upper and lower levels to commuter and subway lines in 
        Long Island City, and planning elements for providing a 
        connector for commuter rail transportation to the East 
        side of Manhattan and subway lines to the proposed 
        Second Avenue subway.
          [(G) the Dallas Area Rapid Transit Authority light 
        rail elements of the New System Plan, consisting of the 
        locally preferred alternative for the South Oak Cliff 
        corridor, the South Oak Cliff corridor extension-Camp 
        Wisdom, the West Oak Cliff corridor-Westmoreland, the 
        North Central corridor-Park Lane, the North Central 
        corridor-Richardson, Plano, and Garland extensions, the 
        Pleasant Grove corridor-Buckner, and the Carrollton 
        corridors-Farmers Branch and Las Colinas terminal.
          [(H) other programs designated by law or the 
        Secretary.
  [(2) Consistent with the time requirements of subsection (a) 
of this section or as otherwise provided by law, the Secretary 
shall make at least one full financing grant agreement for each 
program described in paragraph (1) of this subsection. The 
agreement shall include commitments to advance each of the 
applicant's program elements (in the program of interrelated 
projects) through the appropriate program review stages as 
provided in subsection (a) or as otherwise provided by law and 
to provide Government financing for each element. The agreement 
may be changed to include design and construction of a 
particular element.
  [(3) When reviewing a project in a program of interrelated 
projects, the Secretary shall consider the local financial 
commitment, transportation effectiveness, and other assessment 
factors of all program elements to the extent consideration 
expedites carrying out the project.
  [(4) Including a program element not financed by the 
Government in a program of interrelated projects does not 
impose Government requirements that otherwise would not apply 
to the element.]

           *       *       *       *       *       *       *

Sec. 5330. State safety oversight

  (a) * * *
  [(b) General Authority.--The Secretary of Transportation may 
withhold not more than 5 percent of the amount required to be 
appropriated for use in a State or urbanized area in the State 
under section 5307 of this title for a fiscal year beginning 
after September 30, 1994, if the State in the prior fiscal year 
has not met the requirements of subsection (c) of this section 
and the Secretary decides the State is not making an adequate 
effort to comply with subsection (c).]
  (b) General Authority.--The Secretary may require that up to 
100 percent of the amount required to be appropriated for use 
in a State or urbanized area in the State under section 5307 
for a fiscal year beginning after September 30, 2013, be 
utilized on capital safety improvement and state of good repair 
projects for the benefit of fixed guideway transportation 
systems in such State or urbanized area in the State before any 
other transit capital project is undertaken, if--
          (1) the State in the prior fiscal year has not met 
        the requirements of subsection (c); or
          (2) the Secretary has certified that the State safety 
        oversight agency (as defined in section 5336(k)(1)(B)) 
        does not have adequate technical capacity, personnel 
        resources, and authority under relevant State law to 
        perform the agency's responsibilities described in that 
        section.

           *       *       *       *       *       *       *

Sec. 5333. Labor standards

  (a) * * *
  (b) Employee Protective Arrangements.--(1) As a condition of 
financial assistance under sections 5307-5312, [5316,] 5318, 
5323(a)(1), 5323(b), 5323(d), 5328, 5337, and [5338(b)] 5338(a) 
of this title, the interests of employees affected by the 
assistance shall be protected under arrangements the Secretary 
of Labor concludes are fair and equitable. The agreement 
granting the assistance under sections 5307-5312, [5316,] 5318, 
5323(a)(1), 5323(b), 5323(d), 5328, 5337, and [5338(b)] 5338(a) 
shall specify the arrangements.

           *       *       *       *       *       *       *

Sec. 5336. Apportionment of appropriations for formula grants

  (a) * * *

           *       *       *       *       *       *       *

  (d) Date of Apportionment.--The Secretary of Transportation 
shall--
          (1) apportion amounts appropriated under [subsections 
        (a)(1)(C)(vi) and (b)(2)(B) of section 5338] section 
        5338(a)(2)(B) of this title to carry out section 5307 
        of this title not later than the 10th day after the 
        date the amounts are appropriated or October 1 of the 
        fiscal year for which the amounts are appropriated, 
        whichever is later; and

           *       *       *       *       *       *       *

  [(i) Apportionments.--Of the amounts made available for each 
fiscal year under subsections (a)(1)(C)(vi) and (b)(2)(B) of 
section 5338--
          [(1) one percent shall be apportioned, in fiscal year 
        2006 and each fiscal year thereafter, to certain 
        urbanized areas with populations of less than 200,000 
        in accordance with subsection (j); and
          [(2) any amount not apportioned under paragraph (1) 
        shall be apportioned to urbanized areas in accordance 
        with subsections (a) through (c).]
  (i) Apportionments.--Of the amounts made available for each 
fiscal year under section 5338(a)(2)(B)--
          (1) 2 percent shall be apportioned to certain 
        urbanized areas with populations of less than 200,000 
        in accordance with subsection (j);
          (2) 1 percent shall be apportioned to applicable 
        States for operational support and training costs of 
        State safety oversight agencies and personnel employed 
        by or under contract to such agencies in accordance 
        with subsection (k); and
          (3) any amount not apportioned under paragraphs (1) 
        and (2) shall be apportioned to urbanized areas in 
        accordance with subsections (a) through (c).

           *       *       *       *       *       *       *

  [(k) Study on Incentives in Formula Programs.--
          [(1) Study.--The Secretary shall conduct a study to 
        assess the feasibility and appropriateness of 
        developing and implementing an incentive funding system 
        under sections 5307 and 5311 for operators of public 
        transportation.
          [(2) Report.--
                  [(A) In general.--Not later than 2 years 
                after the date of enactment of the Federal 
                Public Transportation Act of 2005, the 
                Secretary shall submit a report on the results 
                of the study conducted under paragraph (1) to 
                the Committee on Banking, Housing, and Urban 
                Affairs of the Senate and the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives.
                  [(B) Contents.--The report submitted under 
                subparagraph (A) shall include--
                          [(i) an analysis of the availability 
                        of appropriate measures to be used as a 
                        basis for the distribution of incentive 
                        payments;
                          [(ii) the optimal number and size of 
                        any incentive programs;
                          [(iii) what types of systems should 
                        compete for various incentives;
                          [(iv) how incentives should be 
                        distributed; and
                          [(v) the likely effects of the 
                        incentive funding system.]
  (k) State Safety Oversight Agencies Formula.--
          (1) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Applicable states.--The term ``applicable 
                States'' means States that--
                          (i) have rail fixed guideway public 
                        transportation systems that are not 
                        subject to regulation by the Federal 
                        Railroad Administration; or
                          (ii) are designing or constructing 
                        rail fixed guideway public 
                        transportation systems that will not be 
                        subject to regulation by the Federal 
                        Railroad Administration.
                  (B) State safety oversight agencies.--The 
                term ``State safety oversight agency'' means a 
                designated State authority that has 
                responsibility--
                          (i) for requiring, reviewing, 
                        approving, and monitoring safety 
                        program plans under section 5330(c)(1);
                          (ii) for investigating hazardous 
                        conditions and accidents on fixed 
                        guideway public transportation systems 
                        that are not subject to regulation by 
                        the Federal Railroad Administration; 
                        and
                          (iii) for requiring action to correct 
                        or eliminate those conditions.
          (2) Apportionment.--
                  (A) Apportionment formula.--The amount to be 
                apportioned under subsection (i)(2) shall be 
                apportioned among applicable States under a 
                formula to be established by the Secretary. 
                Such formula shall take into account factors of 
                fixed guideway revenue vehicle miles, fixed 
                guideway route miles, and fixed guideway 
                vehicle passenger miles attributable to all 
                rail fixed guideway systems not subject to 
                regulation by the Federal Railroad 
                Administration within each applicable State.
                  (B) Recipients of apportioned amounts.--
                Amounts apportioned under the formula 
                established pursuant to subparagraph (A) shall 
                be made available as grants to State safety 
                oversight agencies. Such grants are subject to 
                uniform administrative requirements for grants 
                and cooperative agreements to State and local 
                governments under part 18 of title 49, Code of 
                Federal Regulations, and are subject to the 
                requirements of this chapter as the Secretary 
                determines appropriate.
                  (C) Use of funds.--A State safety oversight 
                agency may use funds apportioned under 
                subparagraph (A) for program operational and 
                administrative expenses, including employee 
                training activities, that assist the agency in 
                carrying out its responsibilities described in 
                paragraph (1)(B).
                  (D) Certification process.--
                          (i) Determinations.--The Secretary 
                        shall determine whether or not each 
                        State safety oversight agency has 
                        adequate technical capacity, personnel 
                        resources, and authority under relevant 
                        State law to perform the agency's 
                        defined responsibilities described in 
                        paragraph (1)(B).
                          (ii) Issuance of certifications and 
                        denials.--The Secretary shall--
                                  (I) issue a certification to 
                                each State safety oversight 
                                agency that the Secretary 
                                determines under clause (i) has 
                                adequate technical capacity, 
                                personnel resources, and 
                                authority; and
                                  (II) issue a denial of 
                                certification to each State 
                                safety oversight agency that 
                                the Secretary determines under 
                                clause (i) does not have 
                                adequate technical capacity, 
                                personnel resources, and 
                                authority, and provide the 
                                agency with a written 
                                explanation of the reasons for 
                                the denial.
                  (E) Annual report.--On or before July 1 of 
                each year, the Secretary shall submit to the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives and the 
                Committee on Banking, Housing, and Urban 
                Affairs of the Senate a report on--
                          (i) the amount of funds apportioned 
                        to each applicable State; and
                          (ii) the certification status of each 
                        State safety oversight agency, 
                        including what steps an agency that has 
                        been denied certification must take in 
                        order to be so certified.

[Sec. 5337. Apportionment based on fixed guideway factors]

Sec. 5337. Fixed guideway modernization program

  (a) Program Goals.--The goals of the fixed guideway 
modernization program are--
          (1) to rehabilitate, maintain, and preserve the 
        Nation's fixed guideway public transportation systems;
          (2) to reduce the maintenance backlog and increase 
        the state of good repair of the Nation's fixed guideway 
        public transportation systems; and
          (3) to increase the overall ridership on fixed 
        guideway public transportation systems.
  (b) General Authority.--The Secretary may make grants to 
eligible recipients under this section to assist State and 
local government authorities in financing capital projects to 
modernize eligible fixed guideway systems.
  [(a)] (c) Distribution.--The Secretary shall apportion 
amounts made available for fixed guideway modernization [under 
section 5309 for each of fiscal years 2005 through 2012 as 
follows:] for a fiscal year as follows:
          (1) * * *

           *       *       *       *       *       *       *

  [(b)] (d) Total Amounts Not Available.--In a fiscal year in 
which the total amounts authorized under subsection (a)(1) and 
(2) of this section are not available, the Secretary shall 
reduce on a proportionate basis the apportionments of all 
urbanized areas eligible under subsection (a)(1) or (2) to 
adjust for the amount not available.
  [(c)] (e) New Jersey Transit Corporation.--Rail modernization 
amounts allocated to the New Jersey Transit Corporation under 
this section may be spent in any urbanized area in which the 
New Jersey Transit Corporation operates rail transportation, 
regardless of which urbanized area generates the financing.
  [(d) Availability of Amounts.--An amount apportioned under 
this section--
          [(1) remains available for 3 years after the fiscal 
        year in which the amount is apportioned; and
          [(2) that is unobligated at the end of the 3-year 
        period shall be reapportioned for the next fiscal year 
        among urbanized areas eligible under subsection (a)(1)-
        (3) of this section using the apportionment formula of 
        this section.]
  (f) Availability of Amounts.--An amount appropriated under 
this section shall remain available for a period of 3 fiscal 
years after the fiscal year in which the amount is 
appropriated. Any of such amount that is unobligated at the end 
of such period shall be reapportioned for the next fiscal year 
among eligible recipients in accordance with subsection (c).
  [(e)] (g) Route Segments To Be Included in Apportionment 
Formulas.--
          (1) * * *

           *       *       *       *       *       *       *

  [(f)] (h) Adjustment.--For purposes of this section, an 
urbanized area with a population of 55,997, according to the 
most recent decennial census, shall be treated as an urbanized 
area eligible for assistance under section 5336(b)(2)(A) to 
which amounts were apportioned under this section for fiscal 
year 1997. For the purposes of subsection (e)(1), the number of 
fixed guideway revenue vehicle miles of service and number of 
fixed guideway route miles for that urbanized area as of the 
date of enactment of the Federal Public Transportation Act of 
2005 shall be considered to have been used to determine 
apportionments for fiscal year 1997.
  (i) Undertaking Projects in Advance.--
          (1) In general.--When a recipient obligates all 
        amounts apportioned to it under this section and then 
        carries out a part of a project described in this 
        section without amounts of the Government and according 
        to all applicable procedures and requirements (except 
        to the extent the procedures and requirements limit a 
        State to carrying out a project with amounts of the 
        Government previously apportioned to it), the Secretary 
        may pay to the recipient the Government's share of the 
        cost of carrying out that part when additional amounts 
        are apportioned to the recipient under this section 
        if--
                  (A) the recipient applies for the payment;
                  (B) the Secretary approves the payment; and
                  (C) before carrying out that part, the 
                Secretary approves the plans and specifications 
                for the part in the same way as for other 
                projects under this section.
          (2) Requirement for approval of applications.--The 
        Secretary may approve an application under paragraph 
        (1) only if an authorization for this section is in 
        effect for the fiscal year to which the application 
        applies.
          (3) Interest payments.--The cost of carrying out that 
        part of a project includes the amount of interest 
        earned and payable on bonds issued by the recipient to 
        the extent proceeds of the bonds are expended in 
        carrying out this part. However, the amount of interest 
        allowed under this paragraph may not be more than the 
        most favorable financing terms reasonably available for 
        the project at the time of borrowing. The applicant 
        shall certify, in a manner satisfactory to the 
        Secretary, that the applicant has shown reasonable 
        diligence in seeking the most favorable financing 
        terms.
  (j) Grant Requirements.--A grant under this section shall be 
subject to the requirements of subsections (c), (d), (e), (h), 
(i), and (m) of section 5307.

[Sec. 5338. Authorizations

  [(a) Fiscal Year 2005.--
          [(1) Formula grants.--
                  [(A) Trust fund.--For fiscal year 2005, 
                $3,499,927,776 shall be available from the Mass 
                Transit Account of the Highway Trust Fund to 
                carry out sections 5307, 5308, 5310, and 5311 
                and section 3038 of the Transportation Equity 
                Act for the 21st Century (49 U.S.C. 5310 note).
                  [(B) General fund.--In addition to the 
                amounts made available under subparagraph (A), 
                there is authorized to be appropriated 
                $499,989,824 for fiscal year 2005 to carry out 
                sections 5307, 5308, 5310, and 5311 and section 
                3038 of the Transportation Equity Act for the 
                21st Century (49 U.S.C. 5310 note).
                  [(C) Allocation of funds.--Of the amounts 
                made available or appropriated under this 
                paragraph--
                          [(i) $4,811,150 shall be available to 
                        the Alaska Railroad for improvements to 
                        its passenger operations under section 
                        5307;
                          [(ii) $5,208,000 shall be available 
                        to provide over- the-road bus 
                        accessibility grants under section 3038 
                        of the Transportation Equity Act for 
                        the 21st Century (49 U.S.C. 5310 note) 
                        to operators of intercity, fixed-route 
                        over-the- road buses;
                          [(iii) $1,686,400 shall be available 
                        to provide over-the-road bus 
                        accessibility grants under section 3038 
                        of the Transportation Equity Act for 
                        the 21st Century (49 U.S.C. 5310 note) 
                        to operators of over-the-road buses 
                        providing other than intercity, fixed-
                        route service;
                          [(iv) $94,526,689 shall be available 
                        to provide transportation services to 
                        elderly individuals and individuals 
                        with disabilities under section 5310;
                          [(v) $250,889,588 shall be available 
                        to provide financial assistance for 
                        other than urbanized areas under 
                        section 5311;
                          [(vi) $3,593,195,773 shall be 
                        available to provide financial 
                        assistance for urbanized areas under 
                        section 5307; and
                          [(vii) $49,600,000 shall be available 
                        to carry out the clean fuels program 
                        under section 5308.
          [(2) Job access and reverse commute.--
                  [(A) Trust fund.--For fiscal year 2005, 
                $108,500,000 shall be available from the Mass 
                Transit Account of the Highway Trust Fund to 
                carry out section 3037 of the Transportation 
                Equity Act for the 21st Century (49 U.S.C. 5309 
                note).
                  [(B) General fund.--In addition to the 
                amounts made available under subparagraph (A), 
                there is authorized to be appropriated 
                $15,500,000 for fiscal year 2005 to carry out 
                section 3037 of the Transportation Equity Act 
                of the 21st Century (49 U.S.C. 5309 note).
          [(3) Capital program grants.--
                  [(A) Trust fund.--For fiscal year 2005, 
                $2,898,100,224 shall be available from the Mass 
                Transit Account of the Highway Trust Fund to 
                carry out section 5309.
                  [(B) General fund.--In addition to the 
                amounts made available under subparagraph (A), 
                there is authorized to be appropriated 
                $414,014,176 for fiscal year 2005 to carry out 
                sections 5308, 5309, and 5318 and section 
                3015(b) of the Transportation Equity Act for 
                the 21st Century (112 Stat. 361).
                  [(C) Allocation of funds.--Of the amounts 
                made available or appropriated under this 
                paragraph--
                          [(i) $49,600,000 shall be available 
                        to carry out the clean fuels program 
                        under section 5308;
                          [(ii) $669,600,000 shall be available 
                        for capital projects to replace, 
                        rehabilitate, and purchase bus and 
                        related equipment and to construct bus-
                        related facilities under section 5309;
                          [(iii) $1,204,684,800 shall be 
                        available for fixed guideway 
                        modernization under section 5309;
                          [(iv) $1,437,829,600 shall be 
                        available for capital projects for new 
                        fixed guideway systems and extensions 
                        to existing fixed guideway systems 
                        under section 5309;
                          [(v) $10,213,632 shall be available 
                        for capital projects in Alaska and 
                        Hawaii under section 5309;
                          [(vi) $2,976,000 shall be available 
                        to carry out bus testing under section 
                        5318; and
                          [(vii) $4,811,200 shall be available 
                        to carry out the fuel cell bus and bus 
                        facilities program under section 
                        3015(b) of the Transportation Equity 
                        Act for the 21st Century (112 Stat. 
                        361).
          [(4) Planning.--
                  [(A) Trust fund.--For fiscal year 2005, 
                $63,364,000 shall be available from the Mass 
                Transit Account of the Highway Trust Fund to 
                carry out sections 5303, 5304, 5305, and 
                5313(b), as in effect on the day before the 
                date of enactment of the Federal Public 
                Transportation Act of 2005.
                  [(B) General fund.--In addition to the 
                amounts made available under subparagraph (A), 
                there is authorized to be appropriated 
                $9,052,000 for fiscal year 2005 to carry out 
                sections 5303, 5304, 5305, and 5313(b), as in 
                effect on the day before the date of enactment 
                of the Federal Public Transportation Act of 
                2005.
                  [(C) Allocation of funds.--Of the amounts 
                made available or appropriated under this 
                paragraph--
                          [(i) 82.72 percent shall be allocated 
                        for metropolitan planning under section 
                        5305; and
                          [(ii) 17.28 percent shall be 
                        allocated for State planning under 
                        section 5305.
          [(5) Research.--
                  [(A) Trust fund.--For fiscal year 2005, 
                $47,740,000 shall be available from the Mass 
                Transit Account of the Highway Trust Fund to 
                carry out sections 5311(b)(2), 5312, 5313(a), 
                5314, 5315, and 5322.
                  [(B) General fund.--In addition to the 
                amounts made available under subparagraph (A), 
                there is authorized to be appropriated 
                $6,820,000 for fiscal year 2005 to carry out 
                sections 5311(b)(2), 5312, 5313(a), 5314, 5315, 
                and 5322.
                  [(C) Allocation of funds.--Of the funds made 
                available or appropriated under this 
                paragraph--
                          [(i) not less than $3,968,000 shall 
                        be available to carry out programs 
                        under the National Transit Institute 
                        under section 5315, of which not more 
                        than $992,000 shall be available to 
                        carry out section 5315(a)(16);
                          [(ii) not less than $5,208,000 shall 
                        be available to provide rural 
                        transportation assistance under section 
                        5311(b)(2);
                          [(iii) not less than $8,184,000 shall 
                        be available to carry out transit 
                        cooperative research programs under 
                        section 5313(a);
                          [(iv) not less than $2,976,000 shall 
                        be available to carry out Project 
                        Action under section 5312; and
                          [(v) the remainder shall be available 
                        to carry out national research and 
                        technology programs under sections 
                        5312, 5314, and 5322.
          [(6) University transportation research.--
                  [(A) Trust fund.--For fiscal year 2005, 
                $5,208,000 shall be available from the Mass 
                Transit Account of the Highway Trust Fund to 
                carry out section 5505.
                  [(B) General fund.--In addition to amounts 
                made available under subparagraph (A), there is 
                authorized to be appropriated $744,000 for 
                fiscal year 2005 to carry out section 5505.
                  [(C) Allocation of funds.--Of the amounts 
                made available or appropriated under this 
                paragraph--
                          [(i) $1,984,000 shall be available 
                        for grants under section 5505(d) to the 
                        center identified in section 
                        5505(j)(4)(A), as in effect on the day 
                        before the date of enactment of the 
                        Federal Public Transportation Act of 
                        2005; and
                          [(ii) $1,984,000 shall be available 
                        for grants under section 5505(d) to the 
                        center identified in section 
                        5505(j)(4)(F), as in effect on the day 
                        before the date of enactment of the 
                        Federal Public Transportation Act of 
                        2005.
                  [(D) Special rule.--Nothing in this paragraph 
                shall be construed to limit the transportation 
                research conducted by the centers receiving 
                financial assistance under this section.
          [(7) Administration.--
                  [(A) Trust fund.--For fiscal year 2005, 
                $67,704,000 shall be available from the Mass 
                Transit Account of the Highway Trust Fund to 
                carry out section 5334.
                  [(B) General fund.--In addition to amounts 
                made available under subparagraph (A), there is 
                authorized to be appropriated $9,672,000 for 
                fiscal year 2005 to carry out section 5334.
          [(8) Availability of amounts.--Amounts made available 
        or appropriated under paragraphs (1) through (6) shall 
        remain available until expended.
  [(b) Formula and Bus Grants.--
          [(1) In general.--There shall be available from the 
        Mass Transit Account of the Highway Trust Fund to carry 
        out sections 5305, 5307, 5308, 5309, 5310, 5311, 5316, 
        5317, 5320, 5335, 5339, and 5340 and section 3038 of 
        the Federal Transit Act of 1998 (112 Stat. 387 et seq.) 
        --
                  [(A) $6,979,931,000 for fiscal year 2006;
                  [(B) $7,262,775,000 for fiscal year 2007;
                  [(C) $7,872,893,000 for fiscal year 2008;
                  [(D) $8,360,565,000 for fiscal year 2009;
                  [(E) $8,360,565,000 for fiscal year 2010;
                  [(F) $8,360,565,000 for fiscal year 2011; and
                  [(G) $8,360,565,000 for fiscal year 2012.
          [(2) Allocation of funds.--Of the amounts made 
        available under paragraph (1)--
                  [(A) $95,000,000 for fiscal year 2006, 
                $99,000,000 for fiscal year 2007, $107,000,000 
                for fiscal year 2008, and $113,500,000 for each 
                of fiscal years 2009 through 2012 shall be 
                available to carry out section 5305;
                  [(B) $3,466,681,000 for fiscal year 2006, 
                $3,606,175,000 for fiscal year 2007, 
                $3,910,843,000 for fiscal year 2008, and 
                $4,160,365,000 for each of fiscal years 2009 
                through 2012 shall be allocated in accordance 
                with section 5336 to provide financial 
                assistance for urbanized areas under section 
                5307;
                  [(C) $43,000,000 for fiscal year 2006, 
                $45,000,000 for fiscal year 2007, $49,000,000 
                for fiscal year 2008, and $51,500,000 for each 
                of fiscal years 2009 through 2012 shall be 
                available to carry out section 5308;
                  [(D) $1,391,000,000 for fiscal year 2006, 
                $1,448,000,000 for fiscal year 2007, 
                $1,570,000,000 for fiscal year 2008, and 
                $1,666,500,000 for each of fiscal years 2009 
                through 2012 shall be allocated in accordance 
                with section 5337 to provide financial 
                assistance under section 5309(m)(2)(B);
                  [(E) $822,250,000 for fiscal year 2006, 
                $855,500,000 for fiscal year 2007, $927,750,000 
                for fiscal year 2008, and $984,000,000 for each 
                of fiscal years 2009 through 2012 shall be 
                available to carry out section 5309(m)(2)(C);
                  [(F) $112,000,000 for fiscal year 2006, 
                $117,000,000 for fiscal year 2007, $127,000,000 
                for fiscal year 2008, and $133,500,000 for each 
                of fiscal years 2009 through 2012 shall be 
                available to provide financial assistance for 
                services for elderly persons and persons with 
                disabilities under section 5310;
                  [(G) $388,000,000 for fiscal year 2006, 
                $404,000,000 for fiscal year 2007, $438,000,000 
                for fiscal year 2008, and $465,000,000 for each 
                of fiscal years 2009 through 2012 shall be 
                available to provide financial assistance for 
                other than urbanized areas under section 5311;
                  [(H) $138,000,000 for fiscal year 2006, 
                $144,000,000 for fiscal year 2007, $156,000,000 
                for fiscal year 2008, and $164,500,000 for each 
                of fiscal years 2009 through 2012 shall be 
                available to carry out section 5316;
                  [(I) $78,000,000 for fiscal year 2006, 
                $81,000,000 for fiscal year 2007, $87,500,000 
                for fiscal year 2008, and $92,500,000 for each 
                of fiscal years 2009 through 2012 shall be 
                available to carry out section 5317;
                  [(J) $22,000,000 for fiscal year 2006, 
                $23,000,000 for fiscal year 2007, $25,000,000 
                for fiscal year 2008, and $26,900,000 for each 
                of fiscal years 2009 through 2012 shall be 
                available to carry out section 5320;
                  [(K) $3,500,000 for each of fiscal years 2006 
                through 2012 shall be available to carry out 
                section 5335;
                  [(L) $25,000,000 for each of fiscal years 
                2006 through 2012 shall be available to carry 
                out section 5339;
                  [(M) $388,000,000 for fiscal year 2006, 
                $404,000,000 for fiscal year 2007, $438,000,000 
                for fiscal year 2008, and $465,000,000 for each 
                of fiscal years 2009 through 2012 shall be 
                allocated in accordance with section 5340 to 
                provide financial assistance for urbanized 
                areas under section 5307 and other than 
                urbanized areas under section 5311; and
                  [(N) $7,500,000 for fiscal year 2006, 
                $7,600,000 for fiscal year 2007, $8,300,000 for 
                fiscal year 2008, and $8,800,000 for each of 
                fiscal years 2009 through 2012 shall be 
                available to carry out section 3038 of the 
                Transportation Equity Act for the 21st Century 
                (49 U.S.C. 5310 note).
  [(c) Capital Investment Grants.--There are authorized to be 
appropriated to carry out section 5309(m)(2)(A)--
          [(1) $1,503,000,000 for fiscal year 2006;
          [(2) $1,566,000,000 for fiscal year 2007;
          [(3) $1,700,000,000 for fiscal year 2008;
          [(4) $1,809,250,000 for fiscal year 2009;
          [(5) $2,000,000,000 for fiscal year 2010;
          [(6) $2,000,000,000 for fiscal year 2011; and
          [(7) $1,600,000,000 for fiscal year 2012.
  [(d) Research and University Research Centers.--
          [(1) In general.--There is authorized to be 
        appropriated to carry out transit cooperative research 
        programs under section 5313, the National Transit 
        Institute under section 5315, university research 
        centers under section 5506, and national research 
        programs under sections 5312, 5313, 5314, and 5322 
        $58,000,000 for fiscal year 2006, $61,000,000 for 
        fiscal year 2007, $65,500,000 for fiscal year 2008, 
        $69,750,000 for each of fiscal years 2009 through 2011 
        and $44,000,000 for fiscal year 2012 of which--
                  [(A) $9,000,000 for fiscal year 2006, 
                $9,300,000 for fiscal year 2007, $9,600,000 for 
                fiscal year 2008, and $10,000,000 for each of 
                fiscal years 2009, 2010, and 2011 shall be 
                allocated to carry out transit cooperative 
                research programs under section 5313;
                  [(B) $4,300,000 shall be allocated for each 
                fiscal year to carry out programs under the 
                National Transit Institute under section 5315, 
                of which not more than $1,000,000 for each 
                fiscal year shall be used to carry out section 
                5315(b)(2)(P);
                  [(C) $7,000,000 shall be allocated for each 
                fiscal year to carry out the university centers 
                program under section 5506;
                  [(D) $3,000,000 shall be allocated for each 
                fiscal year to carry out Project Action under 
                section 5314(a)(2);
                  [(E) $1,000,000 shall be allocated for each 
                fiscal year to carry out the National Technical 
                Assistance Center under section 5314(c); and
                  [(F) any funds made available under this 
                paragraph that are not allocated under 
                subparagraphs (A) through (E) shall be 
                allocated to carry out national research 
                programs under sections 5312, 5313, 5314, and 
                5322.
          [(2) University centers program.--
                  [(A) Allocation.--Of the amounts allocated 
                under paragraph (1)(C), the following amounts 
                shall be available to provide transportation 
                research, training, and curriculum development:
                          [(i) $2,000,000 for each of fiscal 
                        years 2006 through 2012 for the 
                        University of Tennessee--Knoxville 
                        National Transportation Research 
                        Center.
                          [(ii) $1,500,000 for each of fiscal 
                        years 2006 through 2012 for Texas A&M 
                        University--Texas Transportation 
                        Institute.
                          [(iii) $1,000,000 for each of fiscal 
                        years 2006 through 2012 for Morgan 
                        State University.
                          [(iv) $400,000 for each of fiscal 
                        years 2006 and 2007 for the Small Urban 
                        and Rural Transit Center at North 
                        Dakota State University.
                          [(v) $550,000 for each of fiscal 
                        years 2006 and 2007 and $650,000 for 
                        each of fiscal years 2008 through 2012 
                        for the University Transportation 
                        Center at the University of Alabama.
                          [(vi) $450,000 for each of fiscal 
                        years 2006 and 2007 and $550,000 for 
                        each of fiscal years 2008 through 2012 
                        for the Injury Control Research Center 
                        at the University of Alabama 
                        Birmingham.
                          [(vii) $550,000 for each of fiscal 
                        years 2006 and 2007 and $650,000 for 
                        each of fiscal years 2008 through 2012 
                        for the Jackson State University 
                        Intermodal Transportation Institute at 
                        the Jackson State University.
                          [(viii) $550,000 for each of fiscal 
                        years 2006 and 2007 and $650,000 for 
                        each of fiscal years 2008 through 2012 
                        for the University Transportation 
                        Center at the University of Denver/
                        Mississippi State University.
                  [(B) Requirements.--The universities 
                specified in subparagraph (A) shall be 
                considered to be university transportation 
                centers under section 5506 and shall be subject 
                to the requirements of subsections (b), (h), 
                (i), (k), (l), and (m) of such section.
          [(3) Additional authorizations.--
                  [(A) Research.--Of amounts authorized to be 
                appropriated under paragraph (1) for fiscal 
                year 2012, the Secretary shall allocate for 
                each of the activities and projects described 
                in subparagraphs (A) through (F) of paragraph 
                (1) an amount equal to 63 percent of the amount 
                allocated for fiscal year 2009 under each such 
                subparagraph.
                  [(B) University centers program.--
                          [(i) Fiscal year 2012.--Of the 
                        amounts allocated under subparagraph 
                        (A)(i) for the university centers 
                        program under section 5506 for fiscal 
                        year 2012, the Secretary shall allocate 
                        for each program described in clauses 
                        (i) through (iii) and (v) through 
                        (viii) of paragraph (2)(A) an amount 
                        equal to 63 percent of the amount 
                        allocated for fiscal year 2009 under 
                        each such clause.
                          [(ii) Funding.--If the Secretary 
                        determines that a project or activity 
                        described in paragraph (2) received 
                        sufficient funds in fiscal year 2011, 
                        or a previous fiscal year, to carry out 
                        the purpose for which the project or 
                        activity was authorized, the Secretary 
                        may not allocate any amounts under 
                        clause (i) for the project or activity 
                        for fiscal year 2012 or any subsequent 
                        fiscal year.
  [(e) Administration.--There is authorized to be appropriated 
to carry out section 5334--
          [(1) $82,000,000 for fiscal year 2006;
          [(2) $85,000,000 for fiscal year 2007;
          [(3) $92,500,000 for fiscal year 2008;
          [(4) $98,500,000 for fiscal year 2009;
          [(5) $98,911,000 for fiscal year 2010;
          [(6) $98,911,000 for fiscal year 2011; and
          [(7) $98,713,000 for fiscal year 2012.
  [(f) Grants as Contractual Obligations.--
          [(1) Grants financed from Highway Trust Fund.--A 
        grant or contract that is approved by the Secretary and 
        financed with amounts made available from the Mass 
        Transit Account of the Highway Trust Fund pursuant to 
        this section is a contractual obligation of the 
        Government to pay the Federal share of the cost of the 
        project.
          [(2) Grants financed from General Fund.--A grant or 
        contract that is approved by the Secretary and financed 
        with amounts appropriated in advance from the General 
        Fund of the Treasury pursuant to this section is a 
        contractual obligation of the Government to pay the 
        Federal share of the cost of the project only to the 
        extent that amounts are appropriated for such purpose 
        by an Act of Congress.
  [(g) Availability of Amounts.--Amounts made available by or 
appropriated under subsections (b), (c), and (d) shall remain 
available until expended.

[Sec. 5339. Alternatives analysis program

  [(a) Grants and Agreements.--Under criteria established by 
the Secretary, the Secretary may award grants to States, 
authorities of the States, metropolitan planning organizations, 
and local governmental authorities to develop alternatives 
analyses as defined by section 5309(a)(1).
  [(b) Government's Share of Costs.--The Government's share of 
the cost of an activity funded using amounts made available 
under this section may not exceed 80 percent of the cost of the 
activity.
  [(c) Availability of Funds.--An amount made available or 
appropriated under section 5338(b)(2)(L) for this section shall 
remain available for 3 fiscal years, including the fiscal year 
in which the amount is made available or appropriated. Any of 
such amounts that are unobligated at the end of the 3-fiscal-
year period may be used by the Secretary for any purpose under 
this section.

[Sec. 5340. Apportionments based on growing States and high density 
                    States formula factors

  [(a) Definition.--In this section, the term ``State'' shall 
mean each of the 50 States of the United States.
  [(b) Allocation.--Of the amounts made available for each 
fiscal year under section 5338(b)(2)(M), the Secretary shall 
apportion--
          [(1) 50 percent to States and urbanized areas in 
        accordance with subsection (c); and
          [(2) 50 percent to States and urbanized areas in 
        accordance with subsection (d).
  [(c) Growing State Apportionments.--
          [(1) Apportionment among States.--The amounts 
        apportioned under subsection (b)(1) shall provide each 
        State with an amount equal to the total amount 
        apportioned multiplied by a ratio equal to the 
        population of that State forecast for the year that is 
        15 years after the most recent decennial census, 
        divided by the total population of all States forecast 
        for the year that is 15 years after the most recent 
        decennial census. Such forecast shall be based on the 
        population trend for each State between the most recent 
        decennial census and the most recent estimate of 
        population made by the Secretary of Commerce.
          [(2) Apportionments between urbanized areas and other 
        than urbanized areas in each State.--
                  [(A) In general.--The Secretary shall 
                apportion amounts to each State under paragraph 
                (1) so that urbanized areas in that State 
                receive an amount equal to the amount 
                apportioned to that State multiplied by a ratio 
                equal to the sum of the forecast population of 
                all urbanized areas in that State divided by 
                the total forecast population of that State. In 
                making the apportionment under this 
                subparagraph, the Secretary shall utilize any 
                available forecasts made by the State. If no 
                forecasts are available, the Secretary shall 
                utilize data on urbanized areas and total 
                population from the most recent decennial 
                census.
                  [(B) Remaining amounts.--Amounts remaining 
                for each State after apportionment under 
                subparagraph (A) shall be apportioned to that 
                State and added to the amount made available 
                for grants under section 5311.
          [(3) Apportionments among urbanized areas in each 
        State.--The Secretary shall apportion amounts made 
        available to urbanized areas in each State under 
        paragraph (2)(A) so that each urbanized area receives 
        an amount equal to the amount apportioned under 
        paragraph (2)(A) multiplied by a ratio equal to the 
        population of each urbanized area divided by the sum of 
        populations of all urbanized areas in the State. 
        Amounts apportioned to each urbanized area shall be 
        added to amounts apportioned to that urbanized area 
        under section 5336, and made available for grants under 
        section 5307.
  [(d) High Density State Apportionments.--Amounts to be 
apportioned under subsection (b)(2) shall be apportioned as 
follows:
          [(1) Eligible States.--The Secretary shall designate 
        as eligible for an apportionment under this subsection 
        all States with a population density in excess of 370 
        persons per square mile.
          [(2) State urbanized land factor.--For each State 
        qualifying for an apportionment under paragraph (1), 
        the Secretary shall calculate an amount equal to--
                  [(A) the total land area of the State (in 
                square miles); multiplied by
                  [(B) 370; multiplied by (C)(i) the population 
                of the State in urbanized areas; divided by
                  [(ii) the total population of the State.
          [(3) State apportionment factor.--For each State 
        qualifying for an apportionment under paragraph (1), 
        the Secretary shall calculate an amount equal to the 
        difference between the total population of the State 
        less the amount calculated in paragraph (2).
          [(4) State apportionment.--Each State qualifying for 
        an apportionment under paragraph (1) shall receive an 
        amount equal to the amount to be apportioned under this 
        subsection multiplied by the amount calculated for the 
        State under paragraph (3) divided by the sum of the 
        amounts calculated under paragraph (3) for all States 
        qualifying for an apportionment under paragraph (1).
          [(5) Apportionments among urbanized areas in each 
        State.--The Secretary shall apportion amounts made 
        available to each State under paragraph (4) so that 
        each urbanized area receives an amount equal to the 
        amount apportioned under paragraph (4) multiplied by a 
        ratio equal to the population of each urbanized area 
        divided by the sum of populations of all urbanized 
        areas in the State. Amounts apportioned to each 
        urbanized area shall be added to amounts apportioned to 
        that urbanized area under section 5336, and made 
        available for grants under section 5307.]

Sec. 5338. Authorizations

  (a) Formula and Bus Grants.--
          (1) In general.--There shall be available from the 
        Alternative Transportation Account of the Highway Trust 
        Fund to carry out sections 5305, 5307, 5310, 5311, 
        5317, 5330, 5335, and 5337 $8,400,000,000 for each of 
        fiscal years 2013 through 2016.
          (2) Allocation of funds.--Amounts made available 
        under paragraph (1) shall be allocated as follows:
                  (A) $126,000,000 for each of fiscal years 
                2013 through 2016 shall be available to carry 
                out section 5305.
                  (B) $4,578,000,000 for each of fiscal years 
                2013 through 2016 shall be allocated in 
                accordance with section 5336 to provide 
                financial assistance for urbanized areas and 
                State safety oversight agencies under sections 
                5307 and 5336(k).
                  (C) $840,000,000 for each of fiscal years 
                2013 through 2016 shall be available to provide 
                financial assistance for States and local 
                governmental authorities to replace, 
                rehabilitate, and purchase buses and related 
                equipment and to construct bus-related 
                facilities under section 5310. Of such amount, 
                $3,000,000 shall be available for each fiscal 
                year for bus testing under section 5318.
                  (D) $672,000,000 for each of fiscal years 
                2013 through 2016 shall be available to provide 
                financial assistance for rural areas under 
                section 5311.
                  (E) $504,000,000 for each of fiscal years 
                2013 through 2016 shall be available to provide 
                financial assistance for recipients and 
                subrecipients to provide coordinated access and 
                mobility public transportation projects and 
                services under section 5317.
                  (F) $3,500,000 for each of fiscal years 2013 
                through 2016 shall be available to carry out 
                section 5335. Such amount shall be made 
                available from funds allocated in accordance 
                with section 5336 before the apportionments 
                under subsection 5336(i) are carried out.
                  (G) $1,680,000,000 for each of fiscal years 
                2013 through 2016 shall be made available and 
                allocated in accordance with section 5337 to 
                provide financial assistance for State and 
                local government authorities to finance capital 
                projects to modernize eligible fixed guideway 
                systems.
  (b) Capital Investment Grants.--There is authorized to be 
appropriated to carry out section 5309(m)(2) $1,955,000,000 for 
each of fiscal years 2013 through 2016.
  (c) Research, Training and Outreach, and Technical 
Assistance.--There is authorized to be appropriated to carry 
out the transit research program under section 5312 and the 
training and outreach, National Transit Institute, and 
technical assistance activities authorized by section 5322, 
$45,000,000 for each of fiscal years 2013 through 2016. Such 
amounts shall remain available until expended.
  (d) Administration.--There is authorized to be appropriated 
to carry out sections 5326 and 5334 $98,000,000 for each of 
fiscal years 2013 through 2016.
  (e) Grants as Contractual Obligations.--
          (1) Grants financed from highway trust fund.--A grant 
        or contract that is approved by the Secretary and 
        financed with amounts made available from the 
        Alternative Transportation Account of the Highway Trust 
        Fund pursuant to this section is a contractual 
        obligation of the Government to pay the Federal share 
        of the cost of the project.
          (2) Grants financed from general fund.--A grant or 
        contract that is approved by the Secretary and financed 
        with amounts appropriated in advance from the General 
        Fund of the Treasury pursuant to this section is a 
        contractual obligation of the Government to pay the 
        Federal share of the cost of the project only to the 
        extent that amounts are appropriated for such purpose 
        by an Act of Congress.

           *       *       *       *       *       *       *

                 CHAPTER 55--INTERMODAL TRANSPORTATION

                          SUBCHAPTER I--GENERAL

Sec.
5501.  National Intermodal Transportation System policy.
     * * * * * * *
[5505.  National university transportation centers.]

           *       *       *       *       *       *       *

SUBCHAPTER I--GENERAL

           *       *       *       *       *       *       *

[Sec. 5505. National university transportation centers

  [(a) In General.--
          [(1) Establishment and operation.--The Secretary of 
        Transportation shall make grants under this section to 
        eligible nonprofit institutions of higher learning to 
        establish and operate national university 
        transportation centers.
          [(2) Role of centers.--The role of each center shall 
        be to advance significant transportation research on 
        critical national transportation issues and to expand 
        the workforce of transportation professionals.
  [(b) Applicability of Requirements.--A grant received by an 
eligible nonprofit institution of higher learning under this 
section shall be available for the same purposes, and shall be 
subject to the same terms and conditions, as a grant made to a 
nonprofit institution of higher learning under section 5506.
  [(c) Eligible Nonprofit Institution of Higher Learning 
Defined.--In this section, the term ``eligible nonprofit 
institution of higher learning'' means each of the following:
          [(1) University of Alaska.
          [(2) Marshall University, West Virginia, on behalf of 
        a consortium of West Virginia colleges and 
        universities.
          [(3) University of Minnesota.
          [(4) University of Missouri, Rolla.
          [(5) Northwestern University.
          [(6) Oklahoma Transportation Center.
          [(7) Portland State University, in partnership with 
        the University of Oregon, Oregon State University, and 
        the Oregon Institute of Technology.
          [(8) University of Vermont.
          [(9) Western Transportation Institute at Montana 
        State University.
          [(10) University of Wisconsin.
  [(d) Grants.--The Secretary shall make a grant under this 
section to each eligible nonprofit institution of higher 
learning in an amount $2,000,000 in fiscal year 2005 and 
$3,500,000 in each of fiscal years 2006 through 2009 to carry 
out this section.]

Sec. 5506. University transportation research

  (a) * * *
  (b) Objectives.--Grants received under this section shall be 
used by nonprofit institutions of higher learning to advance 
significantly the state-of-the-art in transportation research 
and expand the workforce of transportation professionals 
through the following programs and activities:
          (1) Research.--Basic and applied research that is 
        consistent with section 503 of title 23, the products 
        of which are judged by peers or other experts in the 
        field of transportation to advance the body of 
        knowledge in transportation.

           *       *       *       *       *       *       *

  (c) [Regional, Tier I, and Tier II Centers] Regional and 
Standard Centers.--
          (1) [Regional and tier i centers] Regional and 
        standard centers.--For each of fiscal years [2005 
        through 2009] 2013 through 2016, the Secretary shall 
        make grants under subsection (a) to nonprofit 
        institutions of higher learning to establish and 
        operate--
                  (A) * * *
                  (B) [10 Tier I] 20 standard university 
                transportation centers.
          [(2) Tier II centers.--
                  [(A) For each of fiscal years 2006 through 
                2009, the Secretary shall make grants under 
                subsection (a) to nonprofit institutions of 
                higher learning to establish and operate 22 
                Tier II university transportation centers.
                  [(B) The Tier II centers consist of the 
                following:
                          [(i) University of Arkansas, Mack-
                        Blackwell Rural Transportation Center.
                          [(ii) University of California, 
                        Davis.
                          [(iii) California State University, 
                        San Bernardino.
                          [(iv) Cleveland State University, 
                        Work Zone Safety Institute.
                          [(v) University of Connecticut.
                          [(vi) University of Delaware in 
                        Newark.
                          [(vii) University of Detroit Mercy 
                        (including the coalition partners of 
                        the university).
                          [(viii) George Mason University.
                          [(ix) Hampton University, Eastern 
                        Seaboard Intermodal Transportation 
                        Applications Center (ESITAC).
                          [(x) Kansas State University.
                          [(xi) Louisiana State University, 
                        LTRC-TTEC.
                          [(xii) University of Massachusetts 
                        Amherst.
                          [(xiii) Michigan Technological 
                        University.
                          [(xiv) University of Nevada Las 
                        Vegas.
                          [(xv) North Carolina State 
                        University, Center for Transportation 
                        and the Environment.
                          [(xvi) Northwestern University.
                          [(xvii) Ohio Higher Education 
                        Transportation Consortium University of 
                        Akron.
                          [(xviii) University of Rhode Island.
                          [(xix) University of Toledo.
                          [(xx) Utah State University.
                          [(xxi) Youngstown State University.
                          [(xxii) University of Memphis.]
          [(3)] (2) Location of regional centers.--One regional 
        university transportation center shall be located in 
        each of the 10 United States Government regions that 
        comprise the Standard Federal Regional Boundary System.
          [(4)] (3) Limitation.--A nonprofit institution of 
        higher learning may not directly receive a grant under 
        this section for a fiscal year for more than one 
        university transportation center.
  (d) Competitive Selection Process.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Opportunity announcement.--
                  (A) Public disclosure.--All funding 
                opportunities under this section shall be 
                publically announced and shall be posted on the 
                Department of Transportation's Web site and on 
                Grants.gov. Any announcement shall, at a 
                minimum, include a detailed description of how 
                applications will be evaluated and a list of 
                any specific research areas, educational 
                objectives, or technology transfer objectives 
                expected to be addressed by an application.
                  (B) Input.--In developing an opportunity 
                announcement under this paragraph, the 
                Secretary shall solicit the input of 
                transportation stakeholders, including academic 
                researchers, State highway and transportation 
                departments, local and regional governments, 
                private industry, the Administrator of the 
                Research and Innovative Technology 
                Administration, and Administrators of other 
                relevant Department of Transportation agencies.
          (4) Proposal review and selection.--
                  (A) In general.--The Secretary shall make 
                award decisions under subsection (c)(1) through 
                a peer-reviewed, merit-based process. The 
                Secretary may make grants to, and enter into 
                cooperative agreements with, the National 
                Academy of Sciences to carry out such 
                activities under this paragraph as the 
                Secretary determines are appropriate.
                  (B) Peer-review.--
                          (i) In general.--The Secretary, 
                        acting through the National Research 
                        Council of the National Academy of 
                        Sciences, shall establish a peer-review 
                        process in which all proposals shall be 
                        reviewed by an external committee of 
                        experts.
                          (ii) Selection.--The external 
                        committee of experts shall be selected 
                        and convened by the Transportation 
                        Research Board of the National Research 
                        Council based on--
                                  (I) their specific knowledge 
                                of transportation research 
                                fields or their broad knowledge 
                                of transportation research 
                                fields;
                                  (II) their knowledge of 
                                associated educational 
                                activities;
                                  (III) their broad knowledge 
                                of the community of 
                                transportation practitioners; 
                                and
                                  (IV) to the extent possible, 
                                diverse representation within 
                                the review group.
                          (iii) Duties.--The external committee 
                        of experts shall evaluate proposals 
                        based on the degree to which they 
                        advance the objectives in subsection 
                        (b), the selection criteria in 
                        paragraph (2) of this subsection, and 
                        any additional review criteria set 
                        forth in the opportunity announcements 
                        described in paragraph (3) of this 
                        subsection.
                          (iv) Report.--The external committee 
                        of experts shall issue a report, 
                        published and made available to the 
                        public by the Transportation Research 
                        Board, summarizing the evaluation 
                        process and explaining its findings.
                          (v) Cost.--The Secretary shall pay 
                        for any necessary expenses associated 
                        with peer-review with a portion of the 
                        funds assigned to the Research and 
                        Innovative Technology Administration 
                        for administration of this section.
                  (C) Secretarial review.--The Secretary, in 
                consultation with the Administrator of the 
                Research and Innovative Technology 
                Administration and Administrators of any other 
                relevant Department of Transportation agencies, 
                shall make final award decisions. The 
                Secretary's decision shall consider--
                          (i) the findings of the committee 
                        under subparagraph (B);
                          (ii) the portfolio of other programs 
                        funded under this section;
                          (iii) the objectives set forth in 
                        subsection (b);
                          (iv) the criteria set forth in 
                        paragraph (2);
                          (v) the details included in the 
                        opportunity announcement required under 
                        paragraph (3); and
                          (vi) other current proposals and 
                        previously funded proposals.
                  (D) Transparency.--
                          (i) In general.--The Secretary shall 
                        provide to each applicant of a proposal 
                        copies of reviews by the committee 
                        under subparagraph (B) and any other 
                        materials used in the evaluation 
                        process (with any reviewer identifying 
                        information redacted) of the 
                        applicant's proposal.
                          (ii) Public availability.--The 
                        Secretary shall make results of the 
                        review process available to all 
                        applicants and to the public on the 
                        Department's website.
                          (iii) Report.--The Secretary shall 
                        issue a public report that includes, at 
                        a minimum--
                                  (I) the results of the peer-
                                review process, including the 
                                findings of the committee under 
                                subparagraph (B); and
                                  (II) the reasons for the 
                                Secretary's final decision, 
                                including a description of--
                                          (aa) the context in 
                                        which the proposal was 
                                        reviewed; and
                                          (bb) how the findings 
                                        of the committee under 
                                        subparagraph (B) were 
                                        used in reaching the 
                                        final decision.
  (e) Regional University Transportation Centers.--
          (1) Competition.--Not later than [March 31, 2006, and 
        not later than March 31st of every 4th year thereafter] 
        180 days after the date of enactment of the American 
        Energy and Infrastructure Jobs Act of 2012, and every 4 
        years thereafter, the Secretary shall complete a 
        competition among nonprofit institutions of higher 
        learning for grants to establish and operate the 10 
        regional university transportation centers referred to 
        in subsection (c)(1)(A).

           *       *       *       *       *       *       *

          (5) Amount of grants.--The Secretary shall make a 
        grant to a nonprofit institution of higher learning to 
        establish and operate a regional university 
        transportation center of--
                  (A) * * *
                  (B) $2,000,000 for each of fiscal years 2006 
                through 2008; [and]
                  (C) $2,250,000 for fiscal year 2009[.]; and
                  (D) $3,500,000 for each of fiscal years 2013 
                through 2016.
          (6) Research requirement.--
                  (A) Comprehensive transportation safety.--The 
                Secretary shall make a grant to 1 of the 10 
                regional university transportation centers 
                established under subsection (c) for the 
                purpose of furthering the objectives described 
                in subsection (b) in the field of comprehensive 
                transportation safety.
                  (B) Intelligent transportation systems.--The 
                Secretary shall make a grant to 1 of the 10 
                regional university transportation centers 
                established under subsection (c) (other than 
                the center described in subparagraph (A)) for 
                the purpose of furthering the objectives 
                described in subsection (b) in the field of 
                intelligent transportation systems.
          (7) Competitive process.--The Secretary shall make 
        award decisions through a competitive process that 
        follows the requirements described in subsections 
        (d)(3) and (d)(4) and incorporates the additional 
        selection criteria set forth in paragraph (2) of this 
        subsection.
  (f) [Tier I] Standard University Transportation Centers.--
          (1) Competition.--Not later than [June 30, 2006, and 
        not later than June 30 of every 4th year thereafter] 
        180 days after the date of enactment of the American 
        Energy and Infrastructure Jobs Act of 2012, and every 4 
        years thereafter, the Secretary shall complete a 
        competition among nonprofit institutions of higher 
        learning for grants to establish and operate the [10 
        Tier I] 20 standard university transportation centers 
        referred to in subsection (c)(1)(B).

           *       *       *       *       *       *       *

          (3) Grant recipients.--After selecting a nonprofit 
        institution of higher learning as a grant recipient on 
        the basis of a competition conducted under this 
        subsection, the Secretary shall make a grant to the 
        recipient to establish and operate a [Tier I] standard 
        university transportation center in each of the first 4 
        fiscal years beginning after the date of the 
        competition.

           *       *       *       *       *       *       *

          (5) Amount of grants.--The Secretary shall make a 
        grant of [$1,000,000] $2,000,000 for each of fiscal 
        years [2005 through 2009] 2013 through 2016 to a 
        nonprofit institution of higher learning to establish 
        and operate a [Tier I] standard university 
        transportation center.
  [(g) Tier II University Transportation Centers.--
          [(1) Selection.--The Secretary shall make grants to 
        the nonprofit institutions of higher learning to 
        establish and operate the 22 Tier II university 
        transportation centers referred to in subsection 
        (c)(2)(B).
          [(2) Amount of grants.--The Secretary shall make a 
        grant of $500,000 for each of fiscal years 2006 through 
        2009 to a nonprofit institution of higher learning to 
        establish and operate a Tier II university 
        transportation center.]
  [(h)] (g) Support of National Strategy for Surface 
Transportation Research.--In order to be eligible to receive a 
grant under this section, a nonprofit institution of higher 
learning shall provide assurances satisfactory to the Secretary 
that the research and education activities of its university 
transportation center will support the national strategy for 
surface transportation research, as identified by--
          (1) * * *
          (2) the programs of the National Research and 
        Technology Program of the Federal Transit 
        Administration.
  [(i) Maintenance of Effort.--
          [(1) In general.--In order to be]
  (h) Maintenance of Effort.--In order to be eligible to 
receive a grant under this section, a nonprofit institution of 
higher learning shall enter into an agreement with the 
Secretary to ensure that the institution will maintain total 
expenditures from all other sources to establish and operate a 
university transportation center and related research 
activities at a level at least equal to the average level of 
such expenditures in its 2 fiscal years prior to award of a 
grant under this section.
          [(2) Special rule.--Nothing in paragraph (1) requires 
        a nonprofit institution of higher learning designated 
        as a Tier II university transportation center to 
        maintain total expenditures as described in paragraph 
        (1) in excess of the amount of the grant awarded to the 
        institution.]
  [(j)] (i) Federal Share.--The Federal share of the costs of 
activities carried out using a grant made under this section 
shall be [50] 65 percent of such costs. The non-Federal share 
may include funds provided to a recipient under section [503] 
503A, 504(b), or 505 of title 23.
  [(k)] (j) Program Coordination.--
          (1) * * *

           *       *       *       *       *       *       *

  [(l)] (k) Program Administration.--The Secretary shall carry 
out this section acting through the Administrator of the 
Research and Innovative Technology Administration.
  [(m)] (l) Limitation on Availability of Funds.--Funds made 
available to carry out this section shall remain available for 
obligation by the Secretary for a period of 2 years after the 
last day of the fiscal year for which such funds are 
authorized.
  (m) Annual Report.--The Secretary shall submit to the 
Committee on Science, Space, and Technology and the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate, and make available to the public 
on the Department's Web site, an annual report on the 
university transportation center program under this section 
detailing the activities of the regional and standard centers 
during the previous year and how such activities reflect the 
priorities of the strategic plan required under section 508(a) 
of title 23.

           *       *       *       *       *       *       *

SUBTITLE IV--INTERSTATE TRANSPORTATION

           *       *       *       *       *       *       *

PART A--RAIL

           *       *       *       *       *       *       *

CHAPTER 109--LICENSING

           *       *       *       *       *       *       *

Sec. 10909. Solid waste rail transfer facility land-use exemption

  (a) * * *
  (b) Land-Use Exemption Procedures.--Not later than 90 days 
after the date of enactment of the [Clean Railroad Act of 
2008,] Clean Railroads Act of 2008, the Board shall publish 
procedures governing the submission and review of applications 
for solid waste rail transfer facility land-use exemptions. At 
a minimum, the procedures shall address--
          (1) * * *

           *       *       *       *       *       *       *

  (e) Existing Facilities.--[Upon the granting of petition from 
the State] Upon the granting of a petition from the State in 
which a solid waste rail transfer facility is operating as of 
the date of enactment of the Clean Railroads Act of 2008 by the 
Board, the facility shall submit a complete application for a 
siting permit to the Board pursuant to the procedures issued 
pursuant to subsection (b). No State may enforce a law, 
regulation, order, or other requirement affecting the siting of 
a facility that is operating as of the date of enactment of the 
Clean Railroads Act of 2008 until the Board has approved or 
denied a permit pursuant to subsection (c).

           *       *       *       *       *       *       *

PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS

           *       *       *       *       *       *       *

                       CHAPTER 135--JURISDICTION

SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION

           *       *       *       *       *       *       *

Sec. 13506. Miscellaneous motor carrier transportation exemptions

  (a) In General.--Neither the Secretary nor the Board has 
jurisdiction under this part over--
          (1) * * *

           *       *       *       *       *       *       *

          (4) a motor vehicle in interstate or intrastate 
        commerce controlled and operated by a farmer and 
        transporting--
                  (A) * * *

           *       *       *       *       *       *       *

                       CHAPTER 139--REGISTRATION

Sec.
13901. Requirement for registration.
     * * * * * * *
13909. Availability of information.

[Sec. 13901. Requirement for registration

  [A person may provide transportation or service subject to 
jurisdiction under subchapter I or III of chapter 135 or be a 
broker for transportation subject to jurisdiction under 
subchapter I of that chapter, only if the person is registered 
under this chapter to provide the transportation or service.]

Sec. 13901. Requirement for registration

  (a) In General.--A person may provide the following 
transportation or services only if the person is registered 
under this chapter to provide the transportation or service:
          (1) Transportation as a motor carrier subject to 
        jurisdiction under subchapter I of chapter 135.
          (2) Service as a freight forwarder subject to 
        jurisdiction under subchapter III of chapter 135.
          (3) Service as a broker for transportation subject to 
        jurisdiction under subchapter I of chapter 135.
  (b) Registration Numbers.--
          (1) In general.--If the Secretary registers a person 
        under this chapter to provide transportation or 
        service, including as a motor carrier, freight 
        forwarder, or broker, the Secretary shall issue a 
        distinctive registration number to the person for the 
        transportation or service. In the case of a person 
        registered by the Secretary to provide more than one 
        type of transportation or service, the Secretary shall 
        issue a separate registration number to the person for 
        each authority to provide transportation or service.
          (2) Transportation or service type indicator.--A 
        registration number issued under paragraph (1) shall 
        include an indicator of the type of transportation or 
        service for which the registration number is issued, 
        including whether the registration number is issued for 
        registration of a motor carrier, freight forwarder, or 
        broker.
  (c) Specification of Authority.--For each agreement to 
provide transportation or service for which registration is 
required under this chapter, the registrant shall specify, in 
writing, the authority under which the person is providing the 
transportation or service.

Sec. 13902. Registration of motor carriers

  (a) Motor Carrier Generally.--
          [(1) In general.--Except as provided in this section, 
        the Secretary shall register a person to provide 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135 of this title as a motor carrier if 
        the Secretary finds that the person is willing and able 
        to comply with--
                  [(A) this part and the applicable regulations 
                of the Secretary and the Board;
                  [(B)(i) any safety regulations imposed by the 
                Secretary;
                  [(ii) the duties of employers and employees 
                established by the Secretary under section 
                31135; and
                  [(iii) the safety fitness requirements 
                established by the Secretary under section 
                31144;
                  [(C) the accessibility requirements 
                established by the Secretary under subpart H of 
                part 37 of title 49, Code of Federal 
                Regulations, or such successor regulations to 
                those accessibility requirements as the 
                Secretary may issue, for transportation 
                provided by an over-the-road bus; and
                  [(D) the minimum financial responsibility 
                requirements established by the Secretary 
                pursuant to sections 13906 and 31138.
          [(2) Additional registration requirements for 
        household goods motor carriers.--In addition to meeting 
        the requirements of paragraph (1), the Secretary may 
        register a person to provide transportation of 
        household goods as a household goods motor carrier only 
        after that person--
                  [(A) provides evidence of participation in an 
                arbitration program and provides a copy of the 
                notice of the arbitration program as required 
                by section 14708(b)(2);
                  [(B) identifies its tariff and provides a 
                copy of the notice of the availability of that 
                tariff for inspection as required by section 
                13702(c);
                  [(C) provides evidence that it has access to, 
                has read, is familiar with, and will observe 
                all applicable Federal laws relating to 
                consumer protection, estimating, consumers' 
                rights and responsibilities, and options for 
                limitations of liability for loss and damage; 
                and
                  [(D) discloses any relationship involving 
                common stock, common ownership, common 
                management, or common familial relationships 
                between that person and any other motor 
                carrier, freight forwarder, or broker of 
                household goods within 3 years of the proposed 
                date of registration.]
          (1) In general.--Except as provided in this section, 
        the Secretary shall register a person to provide 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135 as a motor carrier using self-
        propelled vehicles the motor carrier owns, rents, or 
        leases if the Secretary finds that the person--
                  (A) is willing and able to comply with--
                          (i) this part and the applicable 
                        regulations of the Secretary and the 
                        Board;
                          (ii) any safety regulations imposed 
                        by the Secretary;
                          (iii) the duties of employers and 
                        employees established by the Secretary 
                        under section 31135;
                          (iv) the safety fitness requirements 
                        established by the Secretary under 
                        section 31144;
                          (v) the accessibility requirements 
                        established by the Secretary under 
                        subpart H of part 37 of title 49, Code 
                        of Federal Regulations, or a successor 
                        regulation, for transportation provided 
                        by an over-the-road bus; and
                          (vi) the minimum financial 
                        responsibility requirements established 
                        by the Secretary pursuant to sections 
                        13906 and 31138;
                  (B) has demonstrated, through successful 
                completion of a proficiency examination, to be 
                developed by the Secretary by regulation, 
                knowledge of the requirements and regulations 
                described in subparagraph (A);
                  (C) has disclosed to the Secretary any 
                relationship involving common stock, common 
                ownership, common control, common management, 
                or common familial relationship between that 
                person and any other motor carrier in the 3-
                year period preceding the date of the filing of 
                the application for registration; and
                  (D) has been issued a Department of 
                Transportation number under section 31134.
          (2) Registration for household goods motor 
        carriers.--
                  (A) Additional requirements.--In addition to 
                meeting the requirements of paragraph (1), the 
                Secretary may register a person to provide 
                transportation of household goods as a 
                household goods motor carrier only after the 
                person--
                          (i) provides evidence of 
                        participation in an arbitration program 
                        under section 14708 and provides a copy 
                        of the notice of the arbitration 
                        program as required by section 
                        14708(b)(2);
                          (ii) identifies the motor carrier's 
                        tariff and provides a copy of the 
                        notice of the availability of that 
                        tariff for inspection as required by 
                        section 13702(c);
                          (iii) provides evidence that the 
                        person has access to, has read, is 
                        familiar with, and will observe all 
                        applicable Federal laws relating to 
                        consumer protection, estimating, 
                        consumers' rights and responsibilities, 
                        and options for limitations of 
                        liability for loss and damage;
                          (iv) discloses any relationship 
                        involving common stock, common 
                        ownership, common control, common 
                        management, or common familial 
                        relationships between the person and 
                        any other motor carrier, freight 
                        forwarder, or broker of household goods 
                        within 3 years of the proposed date of 
                        registration;
                          (v) demonstrates that the person is 
                        willing and able to comply with the 
                        household goods consumer protection 
                        rules of the Secretary; and
                          (vi) demonstrates, through successful 
                        completion of a proficiency 
                        examination, to be developed by the 
                        Secretary by regulation, knowledge of 
                        the requirements and regulations 
                        described in this subparagraph.
                  (B) Household goods audits.--
                          (i) In general.--The Secretary shall 
                        require, by regulation, each registrant 
                        described in subparagraph (A) to 
                        undergo a household goods audit during 
                        the 180-day period beginning 1 year 
                        after the date of issuance of a 
                        provisional registration to the 
                        registrant.
                          (ii) Regulations.--
                                  (I) Deadline.--The Secretary 
                                shall issue regulations under 
                                clause (i) not later than 2 
                                years after the date of 
                                enactment of the Motor Carrier 
                                Safety, Efficiency, and 
                                Accountability Act of 2012.
                                  (II) Issuance of standards.--
                                The regulations shall include 
                                standards for household goods 
                                audits.
                          (iii) Contents.--The Secretary shall 
                        ensure that the standards issued under 
                        clause (ii)(II) require evidence 
                        demonstrating that a registrant 
                        described in subparagraph (A)--
                                  (I) has consistently adhered 
                                to the household goods 
                                regulations of the Secretary;
                                  (II) has consistently adhered 
                                to the requirements of its 
                                tariff;
                                  (III) has not wrongfully 
                                withheld the household goods of 
                                a customer;
                                  (IV) has not had a pattern of 
                                substantiated customer service 
                                complaints filed against it; 
                                and
                                  (V) has complied with all 
                                relevant arbitration 
                                requirements.
                  (C) Corrective action plan.--
                          (i) In general.--If a registrant 
                        described in subparagraph (A) fails a 
                        household goods audit, the registrant 
                        may submit to the Secretary for 
                        approval a corrective action plan to 
                        address deficiencies identified in the 
                        audit. The registrant shall submit the 
                        plan during the 60-day period beginning 
                        on the date the registrant is notified 
                        of the results of the audit.
                          (ii) Deadline for approval or 
                        disapproval.--The Secretary shall 
                        approve or disapprove a corrective 
                        action plan submitted under clause (i) 
                        not later than 60 days after the date 
                        of submission of the plan.
                          (iii) Assessment of implementation of 
                        corrective action plan.--If the 
                        Secretary approves a corrective action 
                        plan submitted by a registrant under 
                        clause (i), the Secretary shall 
                        determine, during the 1-year period 
                        beginning on the date of such approval, 
                        whether the registrant has carried out 
                        the plan satisfactorily.
                  (D) Provisional registration.--
                          (i) In general.--Any registration 
                        issued under subparagraph (A) shall be 
                        designated as a provisional 
                        registration until the audit required 
                        by subparagraph (B) is completed.
                          (ii) Requirement for issuance of 
                        permanent registration.--A provisional 
                        registration issued to a registrant 
                        under subparagraph (A) shall become 
                        permanent after the registrant--
                                  (I) passes the household 
                                goods audit required under 
                                subparagraph (B); or
                                  (II) implements to the 
                                satisfaction of the Secretary a 
                                corrective action plan under 
                                subparagraph (C).
                          (iii) Revocation of provisional 
                        registration.--If a registrant fails a 
                        household goods audit required under 
                        subparagraph (B) or does not implement 
                        to the satisfaction of the Secretary a 
                        corrective action plan under 
                        subparagraph (C), the Secretary shall 
                        revoke the provisional registration of 
                        the registrant.
                  (E) Reapplying for registration.--
                          (i) In general.--Nothing in this 
                        paragraph permanently prohibits a 
                        person from reapplying for registration 
                        to provide transportation of household 
                        goods as a household goods motor 
                        carrier.
                          (ii) Limitation.--If the Secretary 
                        revokes the provisional registration of 
                        a person under this paragraph, the 
                        person shall be required to wait at 
                        least 1 year before reapplying for a 
                        registration to provide transportation 
                        of household goods as a household goods 
                        motor carrier.

           *       *       *       *       *       *       *

          (6) Separate registration required.--A motor carrier 
        may not broker transportation services unless the motor 
        carrier has registered as a broker under this chapter.

           *       *       *       *       *       *       *

  (g) Registration as Freight Forwarder or Broker Required.--A 
motor carrier registered under this chapter--
          (1) may only provide transportation of property 
        with--
                  (A) self-propelled motor vehicles owned or 
                leased by the motor carrier; or
                  (B) interchanges, as permitted under 
                regulations issued by the Secretary and subject 
                to requirements that the originating carrier 
                physically transports the cargo at some point 
                and retains liability for the cargo and payment 
                of interchanged carriers; and
          (2) may not arrange such transportation unless the 
        motor carrier has obtained a separate registration as a 
        freight forwarder or broker for transportation under 
        section 13903 or 13904, as the case may be.
  [(g)] (h) Motor Carrier Defined.--In this section and 
sections 13905 and 13906, the term ``motor carrier'' includes 
foreign motor private carriers.

[Sec. 13903. Registration of freight forwarders

  [(a) In General.--The Secretary shall register a person to 
provide service subject to jurisdiction under subchapter III of 
chapter 135 as a freight forwarder if the Secretary finds that 
the person is fit, willing, and able to provide the service and 
to comply with this part and applicable regulations of the 
Secretary and the Board.
  [(b) Registration as Carrier Required.--The freight forwarder 
may provide transportation as the carrier itself only if the 
freight forwarder also has registered to provide transportation 
as a carrier under this chapter.

[Sec. 13904. Registration of brokers

  [(a) In General.--The Secretary shall register, subject to 
section 13906(b), a person to be a broker for transportation of 
property subject to jurisdiction under subchapter I of chapter 
135, if the Secretary finds that the person is fit, willing, 
and able to be a broker for transportation and to comply with 
this part and applicable regulations of the Secretary.
  [(b) Registration as Carrier Required.--
          [(1) In general.--The broker may provide the 
        transportation itself only if the broker also has been 
        registered to provide the transportation as a motor 
        carrier under this chapter.
          [(2) Limitation.--This subsection does not apply to a 
        motor carrier registered under this chapter or to an 
        employee or agent of the motor carrier to the extent 
        the transportation is to be provided entirely by the 
        motor carrier, with other registered motor carriers, or 
        with rail or water carriers.
  [(c) Regulations To Protect Shippers.--Regulations of the 
Secretary applicable to brokers registered under this section 
shall provide for the protection of shippers by motor vehicle.
  [(d) Bond and Insurance.--The Secretary may impose on brokers 
for motor carriers of passengers such requirements for bonds or 
insurance or both as the Secretary determines are needed to 
protect passengers and carriers dealing with such brokers.]

Sec. 13903. Registration of freight forwarders

  (a) In General.--The Secretary shall register a person to 
provide service subject to jurisdiction under subchapter III of 
chapter 135 as a freight forwarder if the Secretary finds that 
the person--
          (1) is qualified by experience to act as a freight 
        forwarder; and
          (2) is fit, willing, and able to provide the service 
        and to comply with this part and applicable regulations 
        of the Secretary.
  (b) Financial Security Requirements.--A registration issued 
under subsection (a) shall remain in effect only as long as the 
freight forwarder is in compliance with section 13906(c).
  (c) Experience or Training Requirement.--A freight forwarder 
shall employ, as an officer, an individual who--
          (1) has at least 3 years of relevant experience; or
          (2) provides the Secretary with satisfactory evidence 
        of completion of relevant training.
  (d) Registration as Motor Carrier Required.--A freight 
forwarder may not provide transportation as a motor carrier 
unless the freight forwarder has registered separately under 
this chapter to provide transportation as a motor carrier.

Sec. 13904. Registration of brokers

  (a) In General.--The Secretary shall register a person to be 
a broker for transportation of property subject to jurisdiction 
under subchapter I of chapter 135, if the Secretary finds that 
the person--
          (1) is qualified by experience to act as a broker for 
        transportation; and
          (2) is fit, willing, and able to be a broker for 
        transportation and to comply with this part and 
        applicable regulations of the Secretary.
  (b) Financial Security Requirements.--A registration issued 
under subsection (a) shall remain in effect only as long as the 
broker for transportation is in compliance with section 
13906(b).
  (c) Experience or Training Requirement.--A broker shall 
employ, as an officer, an individual who--
          (1) has at least 3 years of relevant experience; or
          (2) provides the Secretary with satisfactory evidence 
        of completion of relevant training.
  (d) Registration as Motor Carrier Required.--
          (1) In general.--A broker for transportation may not 
        provide transportation as a motor carrier unless the 
        broker has registered separately under this chapter to 
        provide transportation as a motor carrier.
          (2) Limitation.--This subsection does not apply to a 
        motor carrier registered under this chapter or to an 
        employee or agent of the motor carrier to the extent 
        the transportation is to be provided entirely by the 
        motor carrier.
  (e) Regulations To Protect Motor Carriers and Shippers.--
Regulations of the Secretary applicable to brokers registered 
under this section shall provide for the protection of motor 
carriers and shippers by motor vehicle.
  (f) Bond and Insurance.--The Secretary may impose on brokers 
for motor carriers of passengers such requirements for bonds or 
insurance (or both) as the Secretary determines are needed to 
protect passengers and carriers dealing with such brokers.

Sec. 13905. Effective periods of registration

  (a) * * *

           *       *       *       *       *       *       *

  [(c) In General.--Except as otherwise provided in this part, 
each registration issued under section 13902, 13903, or 13904 
shall be effective from the date specified by the Secretary and 
shall remain in effect for such period as the Secretary 
determines appropriate by regulation.]
  (c) Effective Period.--
          (1) In general.--Except as provided in this part, 
        each registration issued under section 13902, 13903, or 
        13904 shall be effective from the date specified by the 
        Secretary and shall remain in effect for such period as 
        the Secretary determines appropriate by regulation.
          (2) Reissuance of registration.--Not later than 4 
        years after the date of enactment of the Motor Carrier 
        Safety, Efficiency, and Accountability Act of 2012, the 
        Secretary shall require a freight forwarder or broker 
        to renew its registration issued under this chapter. 
        Such registration shall expire not later than 5 years 
        after the date of such renewal and may be further 
        renewed as provided under this chapter.
          (3) Requirement for information update.--
                  (A) In general.--The Secretary shall require 
                a motor carrier, freight forwarder, or broker 
                to update its registration information under 
                this chapter within 30 days of any change in 
                address, other contact information, officers, 
                process agent, or other essential information 
                as determined by the Secretary and published in 
                the Federal Register.
                  (B) Motor carriers of passengers.--In 
                addition to the requirements of subparagraph 
                (A), the Secretary shall require a motor 
                carrier of passengers to update its 
                registration information, including numbers of 
                vehicles, annual mileage, and individuals 
                responsible for compliance with Federal safety 
                regulations quarterly for the first 2 years 
                after being issued a registration under section 
                13902.
  (d) Suspension, Amendments, and Revocations.--
          [(1) In general.--On application of the registrant, 
        the Secretary may amend or revoke a registration. On 
        complaint or on the Secretary's own initiative and 
        after notice and an opportunity for a proceeding, the 
        Secretary may (A) suspend, amend, or revoke any part of 
        the registration of a motor carrier, broker, or freight 
        forwarder for willful failure to comply with this part, 
        an applicable regulation or order of the Secretary or 
        of the Board (including the accessibility requirements 
        established by the Secretary under subpart H of part 37 
        of title 49, Code of Federal Regulations, or such 
        successor regulations to those accessibility 
        requirements as the Secretary may issue, for 
        transportation provided by an over-the-road bus), or a 
        condition of its registration; and (B) suspend, amend, 
        or revoke any part of the registration of a motor 
        carrier, broker, or freight forwarder: (i) for failure 
        to pay a civil penalty imposed under chapter 5, 51, 
        149, or 311 of this title; or (ii) for failure to 
        arrange and abide by an acceptable payment plan for 
        such civil penalty, within 90 days of the time 
        specified by order of the Secretary for the payment of 
        such penalty. Subparagraph (B) shall not apply to any 
        person who is unable to pay a civil penalty because 
        such person is a debtor in a case under chapter 11 of 
        title 11, United States Code.]
          (1) Applications.--On application of the registrant, 
        the Secretary may deny, suspend, amend, or revoke a 
        registration.
          (2) Complaints and actions on secretary's own 
        initiative.--On complaint or on the Secretary's own 
        initiative and after notice and an opportunity for a 
        proceeding, the Secretary may--
                  (A) deny, suspend, amend, or revoke any part 
                of the registration of a motor carrier, broker, 
                or freight forwarder for willful failure to 
                comply with--
                          (i) this part;
                          (ii) an applicable regulation or 
                        order of the Secretary or the Board, 
                        including the accessibility 
                        requirements established by the 
                        Secretary under subpart H of part 37 of 
                        title 49, Code of Federal Regulations, 
                        or a successor regulation, for 
                        transportation provided by an over-the-
                        road bus; or
                          (iii) a condition of its 
                        registration;
                  (B) deny, suspend, amend, or revoke any part 
                of the registration of a motor carrier, broker, 
                or freight forwarder for failure to--
                          (i) pay a civil penalty imposed under 
                        chapter 5, 51, 149, or 311 of this 
                        title; or
                          (ii) arrange and abide by an 
                        acceptable payment plan for such civil 
                        penalty, within 90 days of the time 
                        specified by order of the Secretary for 
                        the payment of such penalty; and
                  (C) deny, suspend, amend, or revoke any part 
                of a registration of a motor carrier following 
                a determination by the Secretary that the motor 
                carrier failed to disclose in its application 
                for registration a material fact relevant to 
                its willingness and ability to comply with--
                          (i) this part;
                          (ii) an applicable regulation or 
                        order of the Secretary or the Board; or
                          (iii) a condition of its 
                        registration.
          (3) Limitation.--Paragraph (2)(B) shall not apply to 
        any person who is unable to pay a civil penalty because 
        such person is a debtor in a case under chapter 11 of 
        title 11.
          [(2)] (4) Regulations.--Not later than 12 months 
        after the date of the enactment of this paragraph, the 
        Secretary, after notice and opportunity for public 
        comment, shall issue regulations to provide for the 
        suspension, amendment, or revocation of a registration 
        under this part for failure to pay a civil penalty as 
        provided in [paragraph (1)(B)] paragraph (2)(B).
  (e) Procedure.--Except on application of the registrant or if 
the Secretary determines that the registrant has failed to 
disclose a material fact in an application for registration in 
accordance with subsection (d)(2)(C), the Secretary may revoke 
a registration of a motor carrier, freight forwarder, or 
broker, only after--
          (1) * * *

           *       *       *       *       *       *       *

Sec. 13906. Security of motor carriers, motor private carriers, 
                    brokers, and freight forwarders

  (a) * * *
  [(b) Broker Requirements.--The Secretary may register a 
person as a broker under section 13904 only if the person files 
with the Secretary a bond, insurance policy, or other type of 
security approved by the Secretary to ensure that the 
transportation for which a broker arranges is provided. The 
registration remains in effect only as long as the broker 
continues to satisfy the security requirements of this 
subsection.
  [(c) Freight Forwarder Requirements.--
          [(1) Liability insurance.--The Secretary may register 
        a person as a freight forwarder under section 13903 of 
        this title only if the person files with the Secretary 
        a bond, insurance policy, or other type of security 
        approved by the Secretary. The security must be 
        sufficient to pay, not more than the amount of the 
        security, for each final judgment against the freight 
        forwarder for bodily injury to, or death of, an 
        individual, or loss of, or damage to, property (other 
        than property referred to in paragraph (2) of this 
        subsection), resulting from the negligent operation, 
        maintenance, or use of motor vehicles by or under the 
        direction and control of the freight forwarder when 
        providing transfer, collection, or delivery service 
        under this part.
          [(2) Freight forwarder insurance.--The Secretary may 
        require a registered freight forwarder to file with the 
        Secretary a bond, insurance policy, or other type of 
        security approved by the Secretary sufficient to pay, 
        not more than the amount of the security, for loss of, 
        or damage to, property for which the freight forwarder 
        provides service.
          [(3) Effective period.--The freight forwarder's 
        registration remains in effect only as long as the 
        freight forwarder continues to satisfy the security 
        requirements of this subsection.]
  (b) Broker Financial Security Requirements.--
          (1) Requirements.--
                  (A) In general.--The Secretary may register a 
                person as a broker under section 13904 only if 
                the person files with the Secretary a surety 
                bond, proof of trust fund, or other financial 
                security, or a combination thereof, in a form 
                and amount, and from a provider, determined by 
                the Secretary to be adequate to ensure 
                financial responsibility.
                  (B) Use of a group surety bond, trust fund, 
                or other surety.--In implementing the standards 
                established by subparagraph (A), the Secretary 
                may authorize the use of a group surety bond, 
                trust fund, or other financial security, or a 
                combination thereof, that meets the 
                requirements of this subsection.
                  (C) Surety bonds.--A surety bond obtained 
                under this section may only be obtained from a 
                bonding company that has been approved by the 
                Secretary of the Treasury.
                  (D) Proof of trust or other financial 
                security.--For purposes of subparagraph (A), a 
                trust fund or other financial security may be 
                acceptable to the Secretary only if the trust 
                fund or other financial security consists of 
                assets readily available to pay claims without 
                resort to personal guarantees or collection of 
                pledged accounts receivable.
          (2) Scope of financial responsibility.--
                  (A) Payment of claims.--A surety bond, trust 
                fund, or other financial security obtained 
                under paragraph (1) shall be available to pay 
                any claim against a broker arising from its 
                failure to pay freight charges under its 
                contracts, agreements, or arrangements for 
                transportation subject to jurisdiction under 
                chapter 135 if--
                          (i) subject to the review by the 
                        surety provider, the broker consents to 
                        the payment;
                          (ii) in the case the broker does not 
                        respond to adequate notice to address 
                        the validity of the claim, the surety 
                        provider determines the claim is valid; 
                        or
                          (iii) the claim is not resolved 
                        within a reasonable period of time 
                        following a reasonable attempt by the 
                        claimant to resolve the claim under 
                        clauses (i) and (ii) and the claim is 
                        reduced to a judgment against the 
                        broker.
                  (B) Response of surety providers to claims.--
                If a surety provider receives notice of a claim 
                described in subparagraph (A), the surety 
                provider shall--
                          (i) respond to the claim on or before 
                        the 30th day following receipt of the 
                        notice; and
                          (ii) in the case of a denial, set 
                        forth in writing for the claimant the 
                        grounds for the denial.
                  (C) Costs and attorneys fees.--In any action 
                against a surety provider to recover on a claim 
                described in subparagraph (A), the prevailing 
                party shall be entitled to recover its 
                reasonable costs and attorneys fees.
          (3) Minimum financial security.--A broker subject to 
        the requirements of this section shall provide 
        financial security of $100,000, regardless of the 
        number of branch offices or sales agents of the broker.
          (4) Cancellation notice.--If a financial security 
        required under this subsection is canceled--
                  (A) the holder of the financial security 
                shall provide electronic notification to the 
                Secretary of the cancellation not later than 30 
                days before the effective date of the 
                cancellation; and
                  (B) the Secretary shall immediately post such 
                notification on the public Internet Web site of 
                the Department of Transportation.
          (5) Suspension.--The Secretary shall immediately 
        suspend the registration of a broker issued under this 
        chapter if the available financial security of the 
        broker falls below the amount required under this 
        subsection.
          (6) Payment of claims in cases of financial failure 
        or insolvency.--If a broker registered under this 
        chapter experiences financial failure or insolvency, 
        the surety provider of the broker shall--
                  (A) submit a notice to cancel the financial 
                security to the Administrator in accordance 
                with paragraph (4);
                  (B) publicly advertise for claims for 60 days 
                beginning on the date of publication by the 
                Secretary of the notice to cancel the financial 
                security; and
                  (C) pay, not later than 30 days after the 
                expiration of the 60-day period for submission 
                of claims--
                          (i) all uncontested claims received 
                        during such period; or
                          (ii) a pro rata share of such claims 
                        if the total amount of such claims 
                        exceeds the financial security 
                        available.
          (7) Penalties.--
                  (A) Civil actions.--Either the Secretary or 
                the Attorney General may bring a civil action 
                in an appropriate district court of the United 
                States to enforce the requirements of this 
                subsection or a regulation prescribed or order 
                issued under this subsection. The court may 
                award appropriate relief, including injunctive 
                relief.
                  (B) Civil penalties.--If the Secretary 
                determines, after notice and opportunity for a 
                hearing, that a surety provider of a broker 
                registered under this chapter has violated the 
                requirements of this subsection or a regulation 
                prescribed under this subsection, the surety 
                provider shall be liable to the United States 
                for a civil penalty in an amount not to exceed 
                $10,000.
                  (C) Eligibility.--If the Secretary 
                determines, after notice and opportunity for a 
                hearing, that a surety provider of a broker 
                registered under this chapter has violated the 
                requirements of this subsection or a regulation 
                prescribed under this subsection, the surety 
                provider shall be ineligible to provide the 
                financial security of a broker for 5 years.
          (8) Deduction of costs prohibited.--The amount of the 
        financial security required under this subsection may 
        not be reduced by deducting attorney's fees or 
        administrative costs.
          (9) Financial security amount assessment.--Every 5 
        years, the Secretary shall review, with public notice 
        and comment, the amounts of the financial security 
        required under this subsection to determine whether the 
        amounts are sufficient to provide adequate financial 
        security, and shall be authorized to increase the 
        amounts, if necessary, based upon that determination.
  (c) Freight Forwarder Financial Security Requirements.--
          (1) Requirements.--
                  (A) In general.--The Secretary may register a 
                person as a freight forwarder under section 
                13903 only if the person files with the 
                Secretary a surety bond, proof of trust fund, 
                or other financial security, or a combination 
                thereof, in a form and amount, and from a 
                provider, determined by the Secretary to be 
                adequate to ensure financial responsibility.
                  (B) Use of a group surety bond, trust fund, 
                or other financial security.--In implementing 
                the standards established by subparagraph (A), 
                the Secretary may authorize the use of a group 
                surety bond, trust fund, or other financial 
                security, or a combination thereof, that meets 
                the requirements of this subsection.
                  (C) Surety bonds.--A surety bond obtained 
                under this section may only be obtained from a 
                bonding company that has been approved by the 
                Secretary of the Treasury.
                  (D) Proof of trust or other financial 
                security.--For purposes of subparagraph (A), a 
                trust fund or other financial security may be 
                acceptable to the Secretary only if the trust 
                fund or other financial security consists of 
                assets readily available to pay claims without 
                resort to personal guarantees or collection of 
                pledged accounts receivable.
          (2) Scope of financial responsibility.--
                  (A) Payment of claims.--A surety bond, trust 
                fund, or other financial security obtained 
                under paragraph (1) shall be available to pay 
                any claim against a freight forwarder arising 
                from its failure to pay freight charges under 
                its contracts, agreements, or arrangements for 
                transportation subject to jurisdiction under 
                chapter 135 if--
                          (i) subject to the review by the 
                        surety provider, the freight forwarder 
                        consents to the payment;
                          (ii) in the case the freight 
                        forwarder does not respond to adequate 
                        notice to address the validity of the 
                        claim, the surety provider determines 
                        the claim is valid; or
                          (iii) the claim is not resolved 
                        within a reasonable period of time 
                        following a reasonable attempt by the 
                        claimant to resolve the claim under 
                        clauses (i) and (ii) and the claim is 
                        reduced to a judgment against the 
                        freight forwarder.
                  (B) Response of surety providers to claims.--
                If a surety provider receives notice of a claim 
                described in subparagraph (A), the surety 
                provider shall--
                          (i) respond to the claim on or before 
                        the 30th day following receipt of the 
                        notice; and
                          (ii) in the case of a denial, set 
                        forth in writing for the claimant the 
                        grounds for the denial.
                  (C) Costs and attorneys fees.--In any action 
                against a surety provider to recover on a claim 
                described in subparagraph (A), the prevailing 
                party shall be entitled to recover its 
                reasonable costs and attorneys fees.
          (3) Freight forwarder insurance.--
                  (A) In general.--The Secretary may register a 
                person as a freight forwarder under section 
                13903 only if the person files with the 
                Secretary a surety bond, insurance policy, or 
                other type of financial security that meets 
                standards to be prescribed by the Secretary.
                  (B) Liability insurance.--A financial 
                security filed by a freight forwarder under 
                subparagraph (A) shall be sufficient to pay an 
                amount, not to exceed the amount of the 
                financial security, for each final judgment 
                against the freight forwarder for--
                          (i) bodily injury to, or death of, an 
                        individual, or
                          (ii) loss of, or damage to, property 
                        (other than property referred to in 
                        subparagraph (C)),
                resulting from the negligent operation, 
                maintenance, or use of motor vehicles by, or 
                under the direction and control of, the freight 
                forwarder when providing transfer, collection, 
                or delivery service under this part.
                  (C) Cargo insurance.--The Secretary may 
                require a registered freight forwarder to file 
                with the Secretary a surety bond, insurance 
                policy, or other type of financial security 
                approved by the Secretary that will pay an 
                amount, not to exceed the amount of the 
                financial security, for loss of, or damage to, 
                property for which the freight forwarder 
                provides service.
          (4) Minimum financial security.--Each freight 
        forwarder subject to the requirements of this section 
        shall provide financial security of $100,000, 
        regardless of the number of branch offices or sales 
        agents of the freight forwarder.
          (5) Cancellation notice.--If a financial security 
        required under this subsection is canceled--
                  (A) the holder of the financial security 
                shall provide electronic notification to the 
                Secretary of the cancellation not later than 30 
                days before the effective date of the 
                cancellation; and
                  (B) the Secretary shall immediately post such 
                notification on the public Internet Web site of 
                the Department of Transportation.
          (6) Suspension.--The Secretary shall immediately 
        suspend the registration of a freight forwarder issued 
        under this chapter if the available financial security 
        of the freight forwarder falls below the amount 
        required under this subsection.
          (7) Payment of claims in cases of financial failure 
        or insolvency.--If a freight forwarder registered under 
        this chapter experiences financial failure or 
        insolvency, the surety provider of the freight 
        forwarder shall--
                  (A) submit a notice to cancel the financial 
                security to the Administrator in accordance 
                with paragraph (5);
                  (B) publicly advertise for claims for 60 days 
                beginning on the date of publication by the 
                Secretary of the notice to cancel the financial 
                security; and
                  (C) pay, not later than 30 days after the 
                expiration of the 60-day period for submission 
                of claims--
                          (i) all uncontested claims received 
                        during such period; or
                          (ii) a pro rata share of such claims 
                        if the total amount of such claims 
                        exceeds the financial security 
                        available.
          (8) Penalties.--
                  (A) Civil actions.--Either the Secretary or 
                the Attorney General may bring a civil action 
                in an appropriate district court of the United 
                States to enforce the requirements of this 
                subsection or a regulation prescribed or order 
                issued under this subsection. The court may 
                award appropriate relief, including injunctive 
                relief.
                  (B) Civil penalties.--If the Secretary 
                determines, after notice and opportunity for a 
                hearing, that a surety provider of a freight 
                forwarder registered under this chapter has 
                violated the requirements of this subsection or 
                a regulation prescribed under this subsection, 
                the surety provider shall be liable to the 
                United States for a civil penalty in an amount 
                not to exceed $10,000.
                  (C) Eligibility.--If the Secretary 
                determines, after notice and opportunity for a 
                hearing, that a surety provider of a freight 
                forwarder registered under this chapter has 
                violated the requirements of this subsection or 
                a regulation prescribed under this subsection, 
                the surety provider shall be ineligible to 
                provide the financial security of a freight 
                forwarder for 5 years.
          (9) Deduction of costs prohibited.--The amount of the 
        financial security required under this subsection may 
        not be reduced by deducting attorney's fees or 
        administrative costs.
          (10) Financial security and insurance amount 
        assessment.--Every 5 years, the Secretary shall review, 
        with public notice and comment, the amounts of the 
        financial security and insurance required under this 
        subsection to determine whether the amounts are 
        sufficient to provide adequate financial security, and 
        shall be authorized to increase the amounts, if 
        necessary, based upon that determination.

           *       *       *       *       *       *       *

Sec. 13908. Registration and other reforms

  (a) * * *

           *       *       *       *       *       *       *

  (d) Fee System.--The Secretary shall establish, under section 
9701 of title 31, a fee system for the Unified Carrier 
Registration System according to the following guidelines:
          (1) Registration and filing evidence of financial 
        responsibility.--The fee for new registrants shall as 
        nearly as possible cover the costs of processing the 
        registration [but shall not exceed $300].

           *       *       *       *       *       *       *

Sec. 13909. Availability of information

  The Secretary shall make information relating to registration 
and financial security required by this chapter publicly 
available on the Internet, including--
          (1) the names and addresses of the principals of each 
        entity holding such registration;
          (2) the status of such registration; and
          (3) the electronic address of the entity's surety 
        provider for the submission of claims.

           *       *       *       *       *       *       *

               CHAPTER 149--CIVIL AND CRIMINAL PENALTIES

Sec.
14901. General civil penalties.
     * * * * * * *
14916. Unlawful brokerage activities.

           *       *       *       *       *       *       *

Sec. 14916. Unlawful brokerage activities

  (a) Prohibited Activities.--A person may provide interstate 
brokerage services as a broker only if the person--
          (1) is registered under, and in compliance with, 
        section 13904; and
          (2) has satisfied the financial security requirements 
        under section 13906.
  (b) Exceptions.--Subsection (a) shall not apply to--
          (1) a non-vessel-operating common carrier (as defined 
        in section 40102 of title 46);
          (2) an ocean freight forwarder (as defined in section 
        40102 of title 46);
          (3) a customs broker licensed in accordance with 
        section 111.2 of title 19, Code of Federal Regulations; 
        or
          (4) an indirect air carrier holding a Standard 
        Security Program approved by the Transportation 
        Security Administration,
when arranging for inland transportation as part of an 
international through movement involving ocean transportation 
between the United States and a foreign port.
  (c) Civil Penalties and Private Cause of Action.--Any person 
who knowingly authorizes, consents to, or permits, directly or 
indirectly, either alone or in conjunction with any other 
person, a violation of subsection (a) is liable--
          (1) to the United States Government for a civil 
        penalty in an amount not to exceed $10,000 for each 
        violation; and
          (2) to the injured party for all valid claims 
        incurred without regard to amount.
  (d) Liable Parties.--The liability for civil penalties and 
for claims under this section for unauthorized brokering shall 
apply, jointly and severally--
          (1) to any corporate entity or partnership involved; 
        and
          (2) to the individual officers, directors, and 
        principals of such entities.

           *       *       *       *       *       *       *

                       SUBTITLE V--RAIL PROGRAMS

                             PART A--SAFETY

Chapter                                                             Sec.
      General......................................................20101
     * * * * * * *

                           PART B--ASSISTANCE

     * * * * * * *
      Capital Grants for Class II and Class III Railroads.........22301]
     * * * * * * *
22901roject development and review....................................

           *       *       *       *       *       *       *

PART A--SAFETY

           *       *       *       *       *       *       *

CHAPTER 201--GENERAL

           *       *       *       *       *       *       *

SUBCHAPTER I--GENERAL

           *       *       *       *       *       *       *

Sec. 20116. Rulemaking process

  No rule or order issued by the Secretary under this part 
shall be effective if it incorporates by reference a code, 
rule, standard, requirement, or practice issued by an 
association or other entity that is not an agency of the 
Federal Government, unless (1) the date on which the code, 
rule, standard, requirement, or practice was adopted is 
specifically cited in the rule or order, or (2) the code, rule, 
standard, requirement, or practice has been subject to notice 
and comment under a rule or order issued under this part.

           *       *       *       *       *       *       *

Sec. 20120. Enforcement report

  (a)  In General.--Beginning not later than December 31, 2009, 
the Secretary of Transportation shall make available to the 
public and publish on its public [website] Web site an annual 
report that--
          (1) provides a summary of railroad safety and 
        hazardous materials compliance inspections and audits 
        that Federal or State inspectors conducted in the prior 
        fiscal year organized by type of alleged violation, 
        including track, motive power and equipment, signal, 
        grade crossing, operating practices, [accident and 
        incidence reporting] accident and incident reporting, 
        and hazardous materials;
          (2) provides a summary of all enforcement actions 
        taken by the Secretary or the Federal Railroad 
        Administration during the prior fiscal year, 
        including--
                  (A) * * *

           *       *       *       *       *       *       *

                  (G) the number of cases referred to the 
                Attorney General for civil or criminal 
                prosecution; and

           *       *       *       *       *       *       *

          (5) identifies the number of locomotive engineer 
        certification denial or revocation cases appealed to 
        and the average length of time it took to be decided 
        by--
                  (A) * * *
                  (B) an [Administrative Hearing Officer or 
                Administrative Law Judge] administrative 
                hearing officer or administrative law judge; or

           *       *       *       *       *       *       *

SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY

           *       *       *       *       *       *       *

Sec. 20156. Railroad safety risk reduction program

  (a) * * *

           *       *       *       *       *       *       *

  (c) Risk Analysis.--In developing its railroad safety risk 
reduction program, each railroad carrier required to submit 
such a program pursuant to subsection (a) shall identify and 
analyze the aspects of its railroad, including operating rules 
and practices, infrastructure, equipment, employee levels and 
schedules, safety culture, management structure, employee 
training, and other matters, including those not covered by 
railroad safety regulations or other Federal regulations, that 
impact railroad safety.

           *       *       *       *       *       *       *

  (e) Technology Implementation Plan.--
          (1) * * *

           *       *       *       *       *       *       *

          [(4) Positive train control.--Except as required by 
        section 20157 (relating to the requirements for 
        implementation of positive train control systems), the 
        Secretary shall ensure that--
                  [(A) each railroad carrier's technology 
                implementation plan required under paragraph 
                (1) that includes a schedule for implementation 
                of a positive train control system complies 
                with that schedule; and
                  [(B) each railroad carrier required to submit 
                such a plan implements a positive train control 
                system pursuant to such plan by December 31, 
                2018.]
          (4) Positive train control.--Except as required by 
        section 20157 (relating to the requirements for 
        implementation of positive train control systems), the 
        Secretary shall ensure that each railroad carrier's 
        technology implementation plan required under paragraph 
        (1) that includes a schedule for implementation of a 
        positive train control system complies with that 
        schedule. Nothing in this section shall be construed as 
        requiring the installation of positive train control on 
        railroad tracks if positive train control is not 
        required on those tracks by section 20157 and positive 
        train control on those tracks is not chosen by the 
        railroad as a technology to be implemented under this 
        section.

           *       *       *       *       *       *       *

  (g) Consensus.--
          (1) In general.--Each railroad carrier required to 
        submit a railroad safety risk reduction program under 
        subsection (a) shall consult with, employ good faith, 
        and use its best efforts to reach agreement with, all 
        of its directly affected employees, including any [non-
        profit] nonprofit employee labor organization 
        representing a class or craft of directly affected 
        employees of the railroad carrier, on the contents of 
        the safety risk reduction program.

           *       *       *       *       *       *       *

Sec. 20157. Implementation of positive train control systems

  (a) In General.--
          (1) Plan required.--Not later than 18 months after 
        the date of enactment of the Rail Safety Improvement 
        Act of 2008, each Class I railroad carrier and each 
        entity providing regularly scheduled intercity or 
        commuter rail passenger transportation shall develop 
        and submit to the Secretary of Transportation a plan 
        for implementing a positive train control system by 
        [December 31, 2015] December 31, 2020, governing 
        operations on--
                  (A) its main line over which intercity rail 
                passenger transportation or commuter rail 
                passenger transportation, as defined in section 
                24102, is regularly provided; and
                  (B) its main line over which poison- or 
                toxic-by-inhalation hazardous materials, as 
                defined in [parts 171.8, 173.115, and 173.132] 
                sections 171.8, 173.115, and 173.132 of title 
                49, Code of Federal Regulations, are 
                transported[; and] on or after December 31, 
                2020.
                  [(C) such other tracks as the Secretary may 
                prescribe by regulation or order.]

           *       *       *       *       *       *       *

          (3) Alternative strategy.--A plan submitted under 
        this subsection may provide that, in lieu of installing 
        positive train control on all or some of the tracks on 
        which positive train control is otherwise required to 
        be installed pursuant to paragraph (1)(B), the railroad 
        carrier will utilize an alternative risk reduction 
        strategy that would reduce the risk of release of 
        poison- or toxic-by-inhalation hazardous materials to 
        the same extent the risk of a release of poison- or 
        toxic-by-inhalation hazardous materials would be 
        reduced if positive train control were installed on 
        those tracks. An alternative risk reduction strategy 
        may only be used pursuant to this paragraph on tracks 
        for which positive train control is not required 
        pursuant to paragraph (1)(A).

           *       *       *       *       *       *       *

  (c) Review and [Approval.--Not later than 90 days after the 
Secretary receives a plan] Approval.--
          (1) In general.--Not later than 90 days after the 
        Secretary receives a plan or revision of a plan under 
        this section, the Secretary shall review and approve or 
        disapprove it. If the proposed plan is not approved, 
        the Secretary shall notify the affected railroad 
        carrier or other entity as to the specific areas in 
        which the proposed plan is deficient, and the railroad 
        carrier or other entity shall correct all deficiencies 
        within 30 days following receipt of written notice from 
        the Secretary. The Secretary shall annually conduct a 
        review to ensure that the railroad carriers are 
        complying with their plans.
          (2) Revision of plan.--A railroad carrier may revise 
        a plan under this section as necessary to reflect rail 
        lines that are added or removed, or to reflect 
        alternative risk reduction strategies proposed pursuant 
        to subsection (a)(3).
  (d) Report.--Not later than [December 31, 2012] December 31, 
2015, the Secretary shall transmit a report to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the progress of the railroad 
carriers in implementing such positive train control systems 
and alternative risk reduction strategies. Such report shall 
include any recommendations for improving the ability of rail 
carriers to implement positive train control systems or 
alternative risk reduction strategies in accordance with this 
section.
  (e) Enforcement.--The Secretary is authorized to assess civil 
penalties pursuant to chapter 213 for a violation of this 
section, including the failure to submit or comply with a plan 
for implementing positive train control and alternative risk 
reduction strategies under subsection (a).
  (f) Other Railroad Carriers.--Nothing in this section 
restricts the discretion of the Secretary to require railroad 
carriers other than those specified in subsection (a) to 
implement a positive train control system pursuant to this 
section [or section 20156], or to specify the period by which 
implementation shall occur that does not exceed the time limits 
established in this section or section 20156. In exercising 
such discretion, the Secretary shall, at a minimum, consider 
the risk to railroad employees and the public associated with 
the operations of the railroad carrier.

           *       *       *       *       *       *       *

Sec. 20159. Roadway user sight distance at highway-rail grade crossings

  Not later than 18 months after the date of enactment of the 
Rail Safety Improvement Act of 2008, [the Secretary] the 
Secretary of Transportation, after consultation with the 
Federal Railroad Administration, the Federal Highway 
Administration, and States, shall develop and make available to 
States model legislation providing for improving safety by 
addressing sight obstructions, including vegetation growth, 
topographic features, structures, and standing railroad 
equipment, at highway-rail grade crossings that are equipped 
solely with passive warnings, as recommended by the Inspector 
General of the Department of Transportation in Report No. MH-
2007-044.

Sec. 20160. National crossing inventory

  (a) Initial Reporting of Information About Previously 
Unreported Crossings.--Not later than 1 year after the date of 
enactment of the Rail Safety Improvement Act of 2008 or 6 
months after a new crossing becomes operational, whichever 
occurs later, each railroad carrier shall--
          (1) report to the Secretary of Transportation current 
        information, including information about warning 
        devices and signage, as specified by the Secretary, 
        concerning each previously unreported crossing through 
        which it operates [or with] with respect to the 
        trackage over which it operates; or

           *       *       *       *       *       *       *

  (b) Updating of Crossing Information.--
          (1) On a periodic basis beginning not later than 2 
        years after the date of enactment of the Rail Safety 
        Improvement Act of 2008 and on or before September 30 
        of every year thereafter, or as otherwise specified by 
        the Secretary, each railroad carrier shall--
                  (A) report to the Secretary current 
                information, including information about 
                warning devices and signage, as specified by 
                the Secretary, concerning each crossing through 
                which it operates [or with] with respect to the 
                trackage over which it operates; or

           *       *       *       *       *       *       *

Sec. 20162. Minimum training standards and plans

  (a) In General.--The Secretary of Transportation shall, not 
later than 1 year after the date of enactment of the Rail 
Safety Improvement Act of 2008, establish--
          (1) * * *

           *       *       *       *       *       *       *

          (3) a minimum training curriculum, and ongoing 
        training criteria, testing, and skills evaluation 
        measures to ensure that safety-related railroad 
        employees, and contractor and subcontractor employees, 
        charged with the inspection of track or railroad 
        equipment are qualified to assess [railroad compliance 
        with Federal standards] railroad carrier compliance 
        with Federal standards to identify defective conditions 
        and initiate immediate remedial action to correct 
        critical safety defects that are known to contribute to 
        derailments, accidents, incidents, or injuries, and, in 
        implementing the requirements of this paragraph, take 
        into consideration existing training programs of 
        railroad carriers.

           *       *       *       *       *       *       *

Sec. 20164. Development and use of rail safety technology

  (a) In General.--Not later than 1 year [after enactment of 
the Railroad Safety Enhancement Act of 2008] after the 
enactment of the Rail Safety Improvement Act of 2008, the 
Secretary of Transportation shall prescribe standards, 
guidance, regulations, or orders governing the development, 
use, and implementation of rail safety technology in dark 
territory, in arrangements not defined in section 20501 or 
otherwise not covered by Federal standards, guidance, 
regulations, or orders that ensure the safe operation of such 
technology, such as--
          (1) * * *

           *       *       *       *       *       *       *

PART B--ASSISTANCE

           *       *       *       *       *       *       *

CHAPTER 221--LOCAL RAIL FREIGHT ASSISTANCE

           *       *       *       *       *       *       *

Sec. 22106. Limitations on financial assistance

  (a) * * *
  (b) State Use of Repaid Funds and Contingent Interest 
Recoveries.--The State shall place the United States 
Government's share of money that is repaid and any contingent 
interest that is recovered in an interest-bearing account. The 
repaid money, contingent interest, and any [interest thereof] 
interest thereon shall be considered to be State funds. The 
State shall use such funds to make other grants and loans, 
consistent with the purposes for which financial assistance may 
be used under subsection (a), as the State considers to be 
appropriate.

           *       *       *       *       *       *       *

   [CHAPTER 223--CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS

[Sec.
[22301.  Capital grants for class II and class III railroads.

[Sec. 22301. Capital grants for class II and class III railroads

  [(a) Establishment of Program.--
          [(1) Establishment.--The Secretary of Transportation 
        shall establish a program for making capital grants to 
        class II and class III railroads. Such grants shall be 
        for projects in the public interest that--
                  [(A)(i) rehabilitate, preserve, or improve 
                railroad track (including roadbed, bridges, and 
                related track structures) used primarily for 
                freight transportation;
                  [(ii) facilitate the continued or greater use 
                of railroad transportation for freight 
                shipments; and
                  [(iii) reduce the use of less fuel efficient 
                modes of transportation in the transportation 
                of such shipments; or
                  [(B) demonstrate innovative technologies and 
                advanced research and development that increase 
                fuel economy, reduce greenhouse gas emissions, 
                and lower the costs of operation.
          [(2) Provision of grants.--Grants may be provided 
        under this chapter--
                  [(A) directly to the class II or class III 
                railroad; or
                  [(B) with the concurrence of the class II or 
                class III railroad, to a State or local 
                government.
          [(3) State cooperation.--Class II and class III 
        railroad applicants for a grant under this chapter are 
        encouraged to utilize the expertise and assistance of 
        State transportation agencies in applying for and 
        administering such grants. State transportation 
        agencies are encouraged to provide such expertise and 
        assistance to such railroads.
          [(4) Regulations.--Not later than October 1, 2008, 
        the Secretary shall issue final regulations to 
        implement the program under this section.
  [(b) Maximum Federal Share.--The maximum Federal share for 
carrying out a project under this section shall be 80 percent 
of the project cost. The non-Federal share may be provided by 
any non-Federal source in cash, equipment, or supplies. Other 
in-kind contributions may be approved by the Secretary on a 
case-by-case basis consistent with this chapter.
  [(c) Use of Funds.--Grants provided under this section shall 
be used to implement track capital projects as soon as 
possible. In no event shall grant funds be contractually 
obligated for a project later than the end of the third Federal 
fiscal year following the year in which the grant was awarded. 
Any funds not so obligated by the end of such fiscal year shall 
be returned to the Secretary for reallocation.
  [(d) Employee Protection.--The Secretary shall require as a 
condition of any grant made under this section that the 
recipient railroad provide a fair arrangement at least as 
protective of the interests of employees who are affected by 
the project to be funded with the grant as the terms imposed 
under section 11326(a), as in effect on the date of the 
enactment of this chapter.
  [(e) Labor Standards.--
          [(1) Prevailing wages.--The Secretary shall ensure 
        that laborers and mechanics employed by contractors and 
        subcontractors in construction work financed by a grant 
        made under this section will be paid wages not less 
        than those prevailing on similar construction in the 
        locality, as determined by the Secretary of Labor under 
        subchapter IV of chapter 31 of title 40 (commonly known 
        as the ``Davis-Bacon Act''). The Secretary shall make a 
        grant under this section only after being assured that 
        required labor standards will be maintained on the 
        construction work.
          [(2) Wage rates.--Wage rates in a collective 
        bargaining agreement negotiated under the Railway Labor 
        Act (45 U.S.C. 151 et seq.) are deemed for purposes of 
        this subsection to comply with the subchapter IV of 
        chapter 31 of title 40.
  [(f) Study.--The Secretary shall conduct a study of the 
projects carried out with grant assistance under this section 
to determine the extent to which the program helps promote a 
reduction in fuel use associated with the transportation of 
freight and demonstrates innovative technologies that increase 
fuel economy, reduce greenhouse gas emissions, and lower the 
costs of operation. Not later than March 31, 2009, the 
Secretary shall submit a report to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the study, including any 
recommendations the Secretary considers appropriate regarding 
the program.
  [(g) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary $50,000,000 for each of fiscal 
years 2008 through 2011 for carrying out this section.]
          * * * * * * *

              CHAPTER 229--PROJECT DEVELOPMENT AND REVIEW

Sec.
22901. Applicability.
22902. Definitions.
22903. Efficient environmental reviews for rail project decisionmaking.
22904. Integration of planning and environmental review.
22905. Program for eliminating duplication of environmental reviews.
22906. Railroad corridor preservation.
22907. Treatment of railroads for historic preservation.
22908. Categorical exclusion.
22909. State assumption of responsibility for categorical exclusions.
22910. Rail project delivery program.
22911. Exemption in emergencies.

Sec. 22901. Applicability

  The provisions of this chapter--
          (1) shall be applicable to any freight or intercity 
        passenger rail capital project that is carried out or 
        planned to be carried out with the use of Federal funds 
        administered by the Federal Railroad Administration 
        through a grant, contract, loan, or other financing 
        instrument;
          (2) shall be broadly construed; and
          (3) may be applied by the Secretary to any class or 
        program of such projects.

Sec. 22902. Definitions

  In this chapter, the following definitions apply:
          (1) Agency.--The term ``agency'' means any agency, 
        department, or other unit of Federal, State, local, or 
        Indian tribal government.
          (2) Environmental impact statement.--The term 
        ``environmental impact statement'' means the detailed 
        statement of environmental impacts required to be 
        prepared under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.).
          (3) Environmental law.--The term ``environmental 
        law'' includes any law that provides procedural or 
        substantive protection, as applicable, for the natural 
        or built environment with regard to the construction 
        and operation of transportation projects.
          (4) Environmental review process.--
                  (A) In general.--The term ``environmental 
                review process'' means the process for 
                preparing for a rail project an environmental 
                impact statement, environmental assessment, 
                categorical exclusion, or other document 
                prepared under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                  (B) Inclusions.--The term ``environmental 
                review process'' includes the process for and 
                completion of any environmental permit, 
                approval, review, or study required for a rail 
                project under any Federal law other than the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
          (5) Federal environmental laws.--The term ``Federal 
        environmental laws'' means Federal laws governing the 
        review, including through the issuance of permits and 
        other approvals of environmental impacts of, the 
        construction and operation of transportation projects. 
        Such term includes section 102(2)(C) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 
        4332(2)(C)), section 404 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1344), section 106 of the 
        National Historic Preservation Act (16 U.S.C. 470f), 
        and sections 7(a)(2), 9(a)(1)(B), and 10(a)(1)(B) of 
        the Endangered Species Act of 1973 (16 U.S.C. 
        1536(a)(2), 1538(a)(1)(B), 1539(a)(1)(B)).
          (6) Federal lead agency.--The term ``Federal lead 
        agency'' means the Department of Transportation.
          (7) Joint lead agency.--The term ``joint lead 
        agency'' means an agency designated as a joint lead 
        agency as described in paragraph (1) or (2) of section 
        22903(b).
          (8) Lead agency.--The term ``lead agency'' means the 
        Department of Transportation and, if applicable, any 
        joint lead agency.
          (9) Planning product.--The term ``planning product'' 
        means any decision, analysis, study, or other 
        documented result of an evaluation or decisionmaking 
        process carried out during rail and transportation 
        planning.
          (10) Project sponsor.--The term ``project sponsor'' 
        means the State agency or other entity, including any 
        private or public-private entity, that seeks approval 
        of the Secretary for a rail project.
          (11) Rail project.--The term ``rail project'' means 
        any freight or intercity passenger rail capital project 
        that is carried out or is planned to be carried out 
        with the use of Federal funds administered by the 
        Federal Railroad Administration through a grant, 
        contract, loan, or other financing instrument.
          (12) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.
          (13) State.--The term ``State'' has the meaning given 
        that term in section 22701(3).
          (14) State transportation department.--The term 
        ``State transportation department'' means any statewide 
        agency of a State with responsibility for one or more 
        modes of transportation.

Sec. 22903. Efficient environmental reviews for rail project 
                    decisionmaking

  (a) Applicability.--
          (1) In general.--The project development procedures 
        in this section are applicable to all rail projects for 
        which an environmental impact statement is prepared 
        under the National Environmental Policy Act of 1969 and 
        may be applied, to the extent determined appropriate by 
        the Secretary, to other rail projects for which an 
        environmental document is prepared as part of an 
        environmental review process.
          (2) Flexibility.--Any authorities granted in this 
        section may be exercised, and any requirements 
        established in this section may be satisfied, for a 
        rail project, class of projects, or program of rail 
        projects.
          (3) Funding threshold.--The Secretary's approval of a 
        rail project involving Federal funds shall not be 
        considered a Federal action for the purposes of the 
        National Environmental Policy Act of 1969 if the 
        Federal funding share--
                  (A) constitutes 15 percent or less of the 
                total estimated project costs; or
                  (B) is less than $10,000,000.
          (4) Programmatic compliance.--At the request of a 
        State, the Secretary may modify the procedures 
        developed under this section to encourage programmatic 
        approaches and strategies with respect to environmental 
        programs and permits (in lieu of project-by-project 
        reviews).
  (b) Lead Agencies.--
          (1) In general.--If the rail project requires 
        approval from more than one modal administration within 
        the Department of Transportation, the Secretary shall 
        designate a single modal administration to serve as the 
        Federal lead agency for the Department in the 
        environmental review process for the project.
          (2) Joint lead agencies.--Nothing in this section 
        precludes another agency from being a joint lead agency 
        in accordance with regulations under the National 
        Environmental Policy Act of 1969.
          (3) Project sponsor as joint lead agency.--Any 
        project sponsor that is a State or local governmental 
        entity applying to receive or receiving Federal funds 
        for the rail project shall serve as a joint lead agency 
        with the Department of Transportation for purposes of 
        preparing any environmental document under the National 
        Environmental Policy Act of 1969 and may prepare any 
        such environmental document required in support of any 
        action or approval by the Secretary if the Federal lead 
        agency furnishes guidance in such preparation and 
        independently evaluates such document and the document 
        is approved and adopted by the Secretary prior to the 
        Secretary taking any subsequent action or making any 
        approval based on such document, whether or not the 
        Secretary's action or approval results in Federal 
        funding.
          (4) Ensuring compliance.--The Secretary shall ensure 
        that a project sponsor complies with all design and 
        mitigation commitments made jointly by the Secretary 
        and the project sponsor in any environmental document 
        prepared by the project sponsor in accordance with this 
        subsection, and that such document is appropriately 
        supplemented if rail project changes become necessary.
          (5) Adoption and use of documents.--Any environmental 
        document prepared in accordance with this subsection 
        shall be adopted and used by any Federal agency in 
        making any approval of a rail project as the document 
        required to be completed under the National 
        Environmental Policy Act of 1969.
          (6) Roles and responsibility of lead agency.--With 
        respect to the environmental review process for any 
        rail project, the lead agency shall have authority and 
        responsibility--
                  (A) to take such actions as are necessary and 
                proper, within the authority of the lead 
                agency, to facilitate the expeditious 
                resolution of the environmental review process 
                for the rail project; and
                  (B) to prepare or ensure that any required 
                environmental impact statement or other 
                document required to be completed under the 
                National Environmental Policy Act of 1969 is 
                completed in accordance with this section and 
                other applicable Federal law.
  (c) Participating Agencies.--
          (1) In general.--The lead agency shall be responsible 
        for inviting and designating participating agencies in 
        accordance with this subsection.
          (2) Invitation.--The lead agency shall identify, as 
        early as practicable in the environmental review 
        process for a rail project, any other Federal and non-
        Federal agencies that may have an interest in the rail 
        project, and shall invite such agencies to become 
        participating agencies in the environmental review 
        process for the rail project. The invitation shall set 
        a deadline for responses to be submitted. The deadline 
        may be extended by the lead agency for good cause.
          (3) Federal participating agencies.--Any Federal 
        agency that is invited by the lead agency to 
        participate in the environmental review process for a 
        rail project shall be designated as a participating 
        agency by the lead agency unless the invited agency 
        informs the lead agency, in writing, by the deadline 
        specified in the invitation that the invited agency--
                  (A) has no jurisdiction or authority with 
                respect to the rail project;
                  (B) has no expertise or information relevant 
                to the rail project; and
                  (C) does not intend to submit comments on the 
                rail project.
          (4) Effect of designation.--
                  (A) Requirement.--A participating agency 
                shall comply with the requirements of this 
                section and any schedule established under this 
                section.
                  (B) Implication.--Designation as a 
                participating agency under this subsection 
                shall not imply that the participating agency--
                          (i) supports a proposed rail project; 
                        or
                          (ii) has any jurisdiction over, or 
                        special expertise with respect to 
                        evaluation of, the rail project.
          (5) Cooperating agency.--A participating agency may 
        also be designated by a lead agency as a ``cooperating 
        agency'' under the regulations contained in part 1500 
        of title 40, Code of Federal Regulations.
          (6) Designations for categories of rail projects.--
        The Secretary may exercise the authorities granted 
        under this subsection for a rail project, class of rail 
        projects, or program of rail projects.
          (7) Concurrent reviews.--Each participating agency 
        and cooperating agency shall--
                  (A) carry out obligations of that agency 
                under other applicable law concurrently, and in 
                conjunction, with the review required under the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.); and
                  (B) formulate and implement administrative, 
                policy, and procedural mechanisms to enable the 
                agency to ensure completion of the 
                environmental review process in a timely, 
                coordinated, and environmentally responsible 
                manner.
  (d) Rail Project Initiation.--The project sponsor shall 
notify the Secretary of the type of work, length, and general 
location of the proposed rail project, together with a 
statement of any Federal approvals anticipated to be necessary 
for the proposed rail project, for the purpose of informing the 
Secretary that the environmental review process should be 
initiated. The project sponsor may satisfy this requirement by 
submitting to the Secretary a draft notice for publication in 
the Federal Register announcing the preparation of an 
environmental impact statement for the rail project.
  (e) Purpose and Need.--
          (1) Participation.--As early as practicable during 
        the environmental review process, the lead agency shall 
        provide an opportunity for involvement by participating 
        agencies and the public in defining the purpose and 
        need for a rail project.
          (2) Definition.--Following participation under 
        paragraph (1), the lead agency shall define the rail 
        project's purpose and need for purposes of any document 
        which the lead agency is responsible for preparing for 
        the rail project.
          (3) Objectives.--The statement of purpose and need 
        shall include a clear statement of the objectives that 
        the proposed action is intended to achieve, which may 
        include--
                  (A) achieving a transportation objective 
                identified in an applicable rail or 
                transportation plan;
                  (B) supporting land use, economic 
                development, or growth objectives established 
                in applicable Federal, State, local, or tribal 
                plans;
                  (C) serving national defense, national 
                security, or other national objectives, as 
                established in Federal laws, plans, or 
                policies; and
                  (D) serving the purpose for which the 
                applicable grant, contract, loan, or other 
                financing program was established.
          (4) Alternatives analysis.--
                  (A) Participation.--As early as practicable 
                during the environmental review process, the 
                lead agency shall provide an opportunity for 
                involvement by participating agencies and the 
                public in determining the range of alternatives 
                to be considered for a rail project.
                  (B) Range of alternatives.--
                          (i) In general.--Following 
                        participation under paragraph (1), the 
                        lead agency shall determine the range 
                        of alternatives for consideration in 
                        any document which the lead agency is 
                        responsible for preparing for the rail 
                        project.
                          (ii) Restriction.--A Federal agency 
                        may not require the evaluation of any 
                        alternative that was evaluated, but not 
                        adopted--
                                  (I) in any prior State or 
                                Federal environmental document 
                                with regard to the applicable 
                                transportation or rail plan or 
                                program; or
                                  (II) after the preparation of 
                                a programmatic or tiered 
                                environmental document that 
                                evaluated alternatives to the 
                                rail project.
                          (iii) Legal sufficiency.--The 
                        evaluation of the range of alternatives 
                        shall be deemed legally sufficient if 
                        the environmental document complies 
                        with the requirements of this 
                        paragraph.
                  (C) Methodologies.--
                          (i) In general.--The lead agency also 
                        shall determine, after consultation 
                        with participating agencies as part of 
                        the scoping process, the methodologies 
                        to be used and the level of detail 
                        required in the analysis of each 
                        alternative for a rail project.
                          (ii) Comments.--Each participating 
                        agency shall limit comments on such 
                        methodologies to those issues that are 
                        within the authority and expertise of 
                        such participating agency.
                          (iii) Studies.--The lead agency may 
                        not conduct studies proposed by any 
                        participating agency that are not 
                        within the authority or expertise of 
                        such participating agency.
                  (D) Preferred alternative.--At the discretion 
                of the lead agency, the preferred alternative 
                for a rail project, after being identified, may 
                be developed to a higher level of detail than 
                other alternatives in order to facilitate the 
                development of mitigation measures or 
                concurrent compliance with other applicable 
                laws if the lead agency determines that the 
                development of such higher level of detail will 
                not prevent the lead agency from making an 
                impartial decision as to whether to accept 
                another alternative which is being considered 
                in the environmental review process.
                  (E) Limitations on the evaluation of impacts 
                evaluated in prior environmental documents.--
                          (i) In general.--The lead agency may 
                        not reevaluate, and a Federal agency 
                        may not require the reevaluation of, 
                        cumulative impacts or growth-inducing 
                        impacts where such impacts were 
                        previously evaluated in--
                                  (I) a rail transportation 
                                plan or program;
                                  (II) a prior environmental 
                                document approved by the 
                                Secretary; or
                                  (III) a prior State 
                                environmental document approved 
                                pursuant to a State law that is 
                                substantially equivalent to 
                                section 102(2)(C) of the 
                                National Environmental Policy 
                                Act of 1969 (42 U.S.C. 
                                4332(2)(C)).
                          (ii) Legal sufficiency.--The 
                        evaluation of cumulative impacts and 
                        growth inducing impacts shall be deemed 
                        legally sufficient if the environmental 
                        document complies with the requirements 
                        of this paragraph.
          (5) Effective decisionmaking.--
                  (A) Concurrence.--At the discretion of the 
                lead agency, a participating agency shall be 
                presumed to concur in the determinations made 
                by the lead agency under this subsection unless 
                the participating agency submits an objection 
                to the lead agency in writing within 30 days 
                after receiving notice of the lead agency's 
                determination and specifies the statutory basis 
                for the objection.
                  (B) Adoption of determination.--If the 
                participating agency concurs or does not object 
                within the 30-day period, the participating 
                agency shall adopt the lead agency's 
                determination for purposes of any reviews, 
                approvals, or other actions taken by the 
                participating agency as part of the 
                environmental review process for the rail 
                project.
  (f) Coordination and Scheduling.--
          (1) Coordination plan.--
                  (A) In general.--The lead agency shall 
                establish a rail plan for coordinating public 
                and agency participation in and comment on the 
                environmental review process for a rail 
                project, category of rail projects, or program 
                of rail projects. The coordination plan may be 
                incorporated into a memorandum of 
                understanding.
                  (B) Schedule.--
                          (i) In general.--The lead agency may 
                        establish as part of the coordination 
                        plan, after consultation with each 
                        participating agency for the rail 
                        project and with each State in which 
                        the rail project is located (and, if 
                        the State is not the project sponsor, 
                        with the project sponsor), a schedule 
                        for completion of the environmental 
                        review process for the rail project.
                          (ii) Factors for consideration.--In 
                        establishing the schedule, the lead 
                        agency shall consider factors such as--
                                  (I) the responsibilities of 
                                participating agencies under 
                                applicable laws;
                                  (II) resources available to 
                                the cooperating agencies;
                                  (III) overall size and 
                                complexity of the rail project;
                                  (IV) the overall schedule for 
                                and cost of the rail project; 
                                and
                                  (V) the sensitivity of the 
                                natural and historic resources 
                                that could be affected by the 
                                rail project.
                  (C) Consistency with other time periods.--A 
                schedule under subparagraph (B) shall be 
                consistent with any other relevant time periods 
                established under Federal law.
                  (D) Modification.--The lead agency may--
                          (i) lengthen a schedule established 
                        under subparagraph (B) for good cause; 
                        and
                          (ii) shorten a schedule only with the 
                        concurrence of the affected cooperating 
                        agencies.
                  (E) Dissemination.--A copy of a schedule 
                established under subparagraph (B), and of any 
                modifications to the schedule, shall be--
                          (i) provided to all participating 
                        agencies and to the State 
                        transportation department of each State 
                        in which the rail project is located 
                        (and, if the State is not the project 
                        sponsor, to the project sponsor); and
                          (ii) made available to the public.
          (2) Comment deadlines.--The lead agency shall 
        establish the following deadlines for comment during 
        the environmental review process for a rail project:
                  (A) For comments by agencies and the public 
                on a draft environmental impact statement, a 
                period of not more than 60 days after 
                publication in the Federal Register of notice 
                of the date of public availability of such 
                document, unless--
                          (i) a different deadline is 
                        established by agreement of the lead 
                        agency, the project sponsor, and all 
                        participating agencies; or
                          (ii) the deadline is extended by the 
                        lead agency for good cause.
                  (B) For all other comment periods established 
                by the lead agency for agency or public 
                comments in the environmental review process, a 
                period of no more than 30 days from 
                availability of the materials on which comment 
                is requested, unless--
                          (i) a different deadline is 
                        established by agreement of the lead 
                        agency, the project sponsor, and all 
                        participating agencies; or
                          (ii) the deadline is extended by the 
                        lead agency for good cause.
          (3) Deadlines for decisions under other laws.--
                  (A) Prior approval deadline.--If a 
                participating agency is required to make a 
                determination regarding or otherwise approve or 
                disapprove the rail project prior to the record 
                of decision or finding of no significant impact 
                of the lead agency, such participating agency 
                shall make such determination or approval no 
                later than 30 days after the lead agency 
                publishes notice of the availability of a final 
                environmental impact statement or other final 
                environmental document, or no later than such 
                other date that is otherwise required by law, 
                whichever occurs first.
                  (B) Other deadlines.--With regard to any 
                determination or approval of a participating 
                agency that is not subject to subparagraph (A), 
                each participating agency shall make any 
                required determination regarding or otherwise 
                approve or disapprove the rail project no later 
                than 90 days after the date that the lead 
                agency approves the record of decision or 
                finding of no significant impact for the rail 
                project, or not later than such other date that 
                is otherwise required by law, whichever occurs 
                first.
                  (C) Deemed approved.--In the event that any 
                participating agency fails to make a 
                determination or approve or disapprove the rail 
                project within the applicable deadline 
                described in subparagraphs (A) and (B), the 
                rail project shall be deemed approved by such 
                participating agency and such approval shall be 
                deemed to comply with the applicable 
                requirements of Federal law.
                  (D) Judicial review.--
                          (i) In general.--An approval of a 
                        rail project under subparagraph (C) 
                        shall not be subject to judicial 
                        review.
                          (ii) Written finding.--The Secretary 
                        may issue a written finding verifying 
                        the approval made in accordance with 
                        this paragraph.
  (g) Issue Identification and Resolution.--
          (1) Cooperation.--The lead agency and the 
        participating agencies shall work cooperatively in 
        accordance with this section to identify and resolve 
        issues that could delay completion of the environmental 
        review process or could result in denial of any 
        approvals required for the rail project under 
        applicable laws.
          (2) Lead agency responsibilities.--The lead agency 
        shall make information available to the participating 
        agencies as early as practicable in the environmental 
        review process regarding the environmental and 
        socioeconomic resources located within the rail project 
        area and the general locations of the alternatives 
        under consideration. Such information may be based on 
        existing data sources, including geographic information 
        systems mapping.
          (3) Participating agency responsibilities.--Based on 
        information received from the lead agency, 
        participating agencies shall identify, as early as 
        practicable, any issues of concern regarding the rail 
        project's potential environmental or socioeconomic 
        impacts. In this paragraph, issues of concern include 
        any issues that could substantially delay or prevent an 
        agency from granting a permit or other approval that is 
        needed for the rail project.
          (4) Issue resolution.--
                  (A) Meeting of participating agencies.--At 
                any time upon request of a project sponsor or 
                the Governor of a State in which the rail 
                project is located, the lead agency shall 
                promptly convene a meeting with the relevant 
                participating agencies, the project sponsor, 
                and the Governor (if the meeting was requested 
                by the Governor) to resolve issues that could 
                delay completion of the environmental review 
                process or could result in denial of any 
                approvals required for the rail project under 
                applicable laws.
                  (B) Notice that resolution cannot be 
                achieved.--If a resolution cannot be achieved 
                within 30 days following such a meeting and a 
                determination by the lead agency that all 
                information necessary to resolve the issue has 
                been obtained, the lead agency shall notify the 
                heads of all participating agencies, the 
                project sponsor, the Governor, the Committee on 
                Environment and Public Works of the Senate, the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives, and the 
                Council on Environmental Quality, and shall 
                publish such notification in the Federal 
                Register.
                  (C) Resolution final.--
                          (i) In general.--The lead agency and 
                        participating agencies may not 
                        reconsider the resolution of any issue 
                        agreed to by the relevant agencies in a 
                        meeting under subparagraph (A).
                          (ii) Compliance with applicable 
                        law.--Any such resolution shall be 
                        deemed to comply with applicable law 
                        notwithstanding that the agencies 
                        agreed to such resolution prior to the 
                        approval of the environmental document.
  (h) Streamlined Documentation and Decisionmaking.--
          (1) In general.--The lead agency in the environmental 
        review process for a rail project, in order to reduce 
        paperwork and expedite decisionmaking, shall prepare a 
        condensed final environmental impact statement.
          (2) Condensed format.--A condensed final 
        environmental impact statement for a rail project in 
        the environmental review process shall consist only 
        of--
                  (A) an incorporation by reference of the 
                draft environmental impact statement;
                  (B) any updates to specific pages or sections 
                of the draft environmental impact statement as 
                appropriate; and
                  (C) responses to comments on the draft 
                environmental impact statement and copies of 
                the comments.
          (3) Timing of decision.--Notwithstanding any other 
        provision of law, in conducting the environmental 
        review process for a rail project, the lead agency 
        shall combine a final environmental impact statement 
        and a record of decision for the rail project into a 
        single document if--
                  (A) the alternative approved in the record of 
                decision is either a preferred alternative that 
                was identified in the draft environmental 
                impact statement or is a modification of such 
                preferred alternative that was developed in 
                response to comments on the draft environmental 
                impact statement; and
                  (B) the Secretary determines that the lead 
                agency, participating agency, or the project 
                sponsor has committed to implement the measures 
                applicable to the approved alternative that are 
                identified in the final environmental impact 
                statement.
  (i) Supplemental Environmental Review and re-Evaluation.--
          (1) Supplemental environmental review.--After the 
        approval of a record of decision or finding of no 
        significant impact with regard to a rail project, an 
        agency may not require the preparation of a subsequent 
        environmental document for such rail project unless the 
        lead agency determines that--
                  (A) changes to the rail project will result 
                in new significant impacts that were not 
                evaluated in the environmental document; or
                  (B) new information has become available or 
                changes in circumstances have occurred after 
                the lead agency approval of the rail project 
                that will result in new significant impacts 
                that were not evaluated in the environmental 
                document.
          (2) Re-evaluations.--The Secretary may only require 
        the re-evaluation of a document prepared under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) if--
                  (A) the Secretary determines that the events 
                in paragraph (1)(A) or (1)(B) apply; and
                  (B) more than 5 years has elapsed since the 
                Secretary's prior approval of the rail project 
                or authorization of rail project funding.
          (3) Change to record of decisions.--After the 
        approval of a record of decision, the Secretary may not 
        require the record of decision to be changed based 
        solely because of a change in the fiscal circumstances 
        surrounding the rail project.
  (j) Performance Measurement.--The Secretary shall establish a 
program to measure and report on progress toward improving and 
expediting the planning and environmental review processes.
  (k) Assistance to Affected State and Federal Agencies.--
          (1) In general.--For a rail project that is subject 
        to the environmental review process established under 
        this section and for which funds are made available to 
        a State under funding programs administered by the 
        Federal Railroad Administration, the Secretary may 
        approve a request by the State to provide such funds to 
        affected Federal agencies (including the Department of 
        Transportation), State agencies, and Indian tribes 
        participating in the environmental review process for 
        the rail projects in that State or participating in a 
        State process that has been approved by the Secretary 
        for that State. Such funds may be provided only to 
        support activities that directly and meaningfully 
        contribute to expediting and improving transportation 
        or rail project planning and delivery for rail projects 
        in that State.
          (2) Activities eligible for funding.--Activities for 
        which funds may be provided under paragraph (1) include 
        transportation planning activities that precede the 
        initiation of the environmental review process, 
        dedicated staffing, training of agency personnel, 
        information gathering and mapping, and development of 
        programmatic agreements.
          (3) Amounts.--Requests under paragraph (1) may be 
        approved only for the additional amounts that the 
        Secretary determines are necessary for the Federal 
        agencies, State agencies, or Indian tribes 
        participating in the environmental review process to 
        meet the time limits for environmental review.
          (4) Condition.--A request under paragraph (1) to 
        expedite time limits for environmental review may be 
        approved only if such time limits are less than the 
        customary time necessary for such review.
  (l) Regulations.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of the American Energy and Infrastructure 
        Jobs Act of 2012, the Secretary, by regulation, shall--
                  (A) implement this section; and
                  (B) establish methodologies and procedures 
                for evaluating the environmental impacts, 
                including cumulative impacts and growth-
                inducing impacts, of rail projects subject to 
                this section.
          (2) Compliance with applicable law.--Any 
        environmental document that utilizes the methodologies 
        and procedures established under this subsection shall 
        be deemed to comply with the applicable requirements 
        of--
                  (A) the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) or its 
                implementing regulations; or
                  (B) any other Federal environmental statute 
                applicable to rail projects.
  (m) Limitations on Claims.--
          (1) In general.--Notwithstanding any other provision 
        of law, a claim arising under Federal law seeking 
        judicial review of a permit, license, or approval 
        issued by a Federal agency for a rail project shall be 
        barred unless it is filed within 90 days after 
        publication of a notice in the Federal Register 
        announcing that the permit, license, or approval is 
        final pursuant to the law under which the agency action 
        is taken, unless a shorter time is specified in the 
        Federal law pursuant to which judicial review is 
        allowed. Nothing in this subsection shall create a 
        right to judicial review or place any limit on filing a 
        claim that a person has violated the terms of a permit, 
        license, or approval.
          (2) New information.--The preparation of a 
        supplemental environmental impact statement or other 
        environmental document when required by this section 
        shall be considered a separate final agency action and 
        the deadline for filing a claim for judicial review of 
        such action shall be 90 days after the date of 
        publication of a notice in the Federal Register 
        announcing such action.
  (n) Limitations on Judicial Relief.--Notwithstanding any 
other provision of law, the following limitations shall apply 
to actions brought before a court in connection with a rail 
project under this section:
          (1) Venue for any action shall be where the rail 
        project is located.
          (2) A specific property interest impacted by the rail 
        project in question must exist in order to have 
        standing to bring an action.
          (3) No action may be commenced by any person alleging 
        a violation of--
                  (A) the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.), chapters 5 and 7 
                of title 5, or any other Federal environmental 
                law if such Federal law is identified in the 
                draft environmental impact statement, unless 
                such person provided written notice to the lead 
                agency of the alleged violation of law, and the 
                facts supporting such claim, during the public 
                comment period on the draft environmental 
                impact statement; or
                  (B) any other law with regard to the rail 
                project unless such person provided written 
                notice to the applicable approving agency of 
                the alleged violation of law, and the facts 
                supporting such claim, during the public 
                comment period on such agency approval.
          (4) Elected or appointed officials working for the 
        Federal Government or a State government may not be 
        named in their individual capacities in an action if 
        they are acting within the scope of their official 
        duties.

Sec. 22904. Integration of planning and environmental review

  (a) Adoption of Planning Products for Use in NEPA 
Proceedings.--
          (1) In general.--Notwithstanding any other provision 
        of law and subject to the conditions set forth in 
        subsection (c), the Federal lead agency for a rail 
        project, at the request of the project sponsors, may 
        adopt and use a planning product in proceedings 
        relating to any class of action in the environmental 
        review process of the rail project.
          (2) Partial adoption of planning products.--The 
        Federal lead agency may adopt a planning product under 
        paragraph (1) in its entirety or may select portions 
        for adoption.
          (3) Timing.--A determination under paragraph (1) with 
        respect to the adoption of a planning product shall be 
        made at the time the lead agencies decide the 
        appropriate scope of environmental review for the rail 
        project.
  (b) Applicability.--
          (1) Planning decisions.--Planning decisions that may 
        be adopted pursuant to this section include--
                  (A) a purpose and need or goals and 
                objectives statement for the rail project, 
                including with respect to whether private 
                financial assistance or other special financial 
                measures are necessary to implement the rail 
                project;
                  (B) a decision with respect to rail project 
                location;
                  (C) a decision with respect to the 
                elimination of unreasonable alternatives and 
                the selection of the range of reasonable 
                alternatives for detailed study during the 
                environmental review process;
                  (D) a basic description of the environmental 
                setting;
                  (E) a decision with respect to methodologies 
                for analysis; and
                  (F) identifications of programmatic level 
                mitigation for potential impacts that the 
                Federal lead agency, in consultation with 
                Federal, State, local, and tribal resource 
                agencies, determines are most effectively 
                addressed at a regional or national program 
                level, including--
                          (i) system-level measures to avoid, 
                        minimize, or mitigate impacts of 
                        proposed transportation and rail 
                        investments on environmental resources, 
                        including regional ecosystem and water 
                        resources; and
                          (ii) potential mitigation activities, 
                        locations, and investments.
          (2) Planning analyses.--Planning analyses that may be 
        adopted pursuant to this section include studies with 
        respect to--
                  (A) freight and passenger rail needs and 
                demands;
                  (B) regional development and growth;
                  (C) local land use, growth management, and 
                development;
                  (D) population and employment;
                  (E) natural and built environmental 
                conditions;
                  (F) environmental resources and 
                environmentally sensitive areas;
                  (G) potential environmental effects, 
                including the identification of resources of 
                concern and potential cumulative effects on 
                those resources, identified as a result of a 
                statewide or regional cumulative effects 
                assessment; and
                  (H) mitigation needs for a proposed action, 
                or programmatic level mitigation, for potential 
                effects that the Federal lead agency determines 
                are most effectively addressed at a regional or 
                national program level.
  (c) Conditions.--Adoption and use of a planning product under 
this section is subject to a determination by the Federal lead 
agency, in consultation with joint lead agencies and project 
sponsors as appropriate, that the following conditions have 
been met:
          (1) The planning product was developed through a 
        planning process conducted pursuant to applicable 
        Federal law.
          (2) The planning process included broad consideration 
        of freight and passenger rail needs and potential 
        effects.
          (3) During the planning process, notice was provided, 
        to the extent required by applicable law, through 
        publication or other means to Federal, State, and local 
        government agencies and tribal governments that might 
        have an interest in the proposed rail project, and to 
        members of the general public, of the planning products 
        that the planning process might produce and that might 
        be relied on during the environmental review process, 
        and such entities have been provided an appropriate 
        opportunity to participate in the planning process 
        leading to such planning product.
          (4) Prior to determining the scope of environmental 
        review for the rail project, the joint lead agencies 
        have made documentation relating to the planning 
        product available to Federal, State, and local 
        governmental agencies and tribal governments that may 
        have an interest in the proposed action, and to members 
        of the general public.
          (5) There is no significant new information or new 
        circumstance that has a reasonable likelihood of 
        affecting the continued validity or appropriateness of 
        the planning product.
          (6) The planning product is based on reliable and 
        reasonably current data and reasonable and 
        scientifically acceptable methodologies.
          (7) The planning product is documented in sufficient 
        detail to support the decision or the results of the 
        analysis and to meet requirements for use of the 
        information in the environmental review process.
          (8) The planning product is appropriate for adoption 
        and use in the environmental review process for the 
        rail project.
  (d) Effect of Adoption.--Notwithstanding any other provision 
of law, any planning product adopted by the Federal lead agency 
in accordance with this section shall not be reconsidered or 
made the subject of additional interagency consultation during 
the environmental review process of the rail project unless the 
Federal lead agency, in consultation with joint lead agencies 
and project sponsors as appropriate, determines that there is 
significant new information or new circumstances that affect 
the continued validity or appropriateness of the adopted 
planning product. Any planning product adopted by the Federal 
lead agency in accordance with this section may be relied upon 
and used by other Federal agencies in carrying out reviews of 
the rail project.
  (e) Rule of Construction.--This section may not be construed 
to make the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) process applicable to the transportation 
planning processes conducted under chapters 52 and 227 of this 
title, section 211 of the Passenger Rail Investment and 
Improvement Act of 2008, or section 26101 of this title. 
Initiation of the National Environmental Policy Act of 1969 
process as a part of, or concurrently with, transportation 
planning activities does not subject transportation plans and 
programs to the National Environmental Policy Act of 1969 
process. This section may not be construed to affect the use of 
planning products in the National Environmental Policy Act of 
1969 process pursuant to other authorities under law or to 
restrict the initiation of the National Environmental Policy 
Act of 1969 process during planning.

Sec. 22905. Program for eliminating duplication of environmental 
                    reviews

  (a) Establishment.--
          (1) In general.--The Secretary shall establish a 
        program to eliminate duplicative environmental reviews 
        and approvals under State and Federal law of rail 
        projects. Under this program, a State may use State 
        laws and procedures to conduct reviews and make 
        approvals in lieu of Federal environmental laws and 
        regulations, consistent with the provisions of this 
        section.
          (2) Participating states.--All States are eligible to 
        participate in the program.
          (3) Scope of alternative review and approval 
        procedures.--For purposes of this section, alternative 
        environmental review and approval procedures may 
        include one or more of the following:
                  (A) Substitution of one or more State 
                environmental laws for one or more Federal 
                environmental laws, if the Secretary determines 
                in accordance with this section that the State 
                environmental laws provide environmental 
                protection and opportunities for public 
                involvement that are substantially equivalent 
                to the applicable Federal environmental laws.
                  (B) Substitution of one or more State 
                regulations for Federal regulations 
                implementing one or more Federal environmental 
                laws, if the Secretary determines in accordance 
                with this section that the State regulations 
                provide environmental protection and 
                opportunities for public involvement that are 
                substantially equivalent to the Federal 
                regulations.
  (b) Application.--To participate in the program, a State 
shall submit to the Secretary an application containing such 
information as the Secretary may require, including--
          (1) a full and complete description of the proposed 
        alternative environmental review and approval 
        procedures of the State;
          (2) for each State law or regulation included in the 
        proposed alternative environmental review and approval 
        procedures of the State, an explanation of the basis 
        for concluding that the law or regulation meets the 
        requirements under subsection (a)(3); and
          (3) evidence of having sought, received, and 
        addressed comments on the proposed application from the 
        public and appropriate Federal environmental resource 
        agencies.
  (c) Review of Application.--The Secretary shall--
          (1) review an application submitted under subsection 
        (b);
          (2) approve or disapprove the application in 
        accordance with subsection (d) not later than 90 days 
        after the date of the receipt of the application; and
          (3) transmit to the State notice of the approval or 
        disapproval, together with a statement of the reasons 
        for the approval or disapproval.
  (d) Approval of State Programs.--
          (1) In general.--The Secretary shall approve each 
        such application if the Secretary finds that the 
        proposed alternative environmental review and approval 
        procedures of the State are substantially equivalent to 
        the applicable Federal environmental laws and Federal 
        regulations.
          (2) Exclusion.--The National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.) and the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not 
        apply to any decision by the Secretary to approve or 
        disapprove any application submitted pursuant to this 
        section.
  (e) Compliance With Permits.--Compliance with a permit or 
other approval of a rail project issued pursuant to a program 
approved by the Secretary under this section shall be deemed 
compliance with the Federal laws and regulations identified in 
the program approved by the Secretary pursuant to this section.
  (f) Review and Termination.--
          (1) Review.--All State alternative environmental 
        review and approval procedures approved under this 
        section shall be reviewed by the Secretary not less 
        than once every 5 years.
          (2) Public notice and comment.--In conducting the 
        review process under paragraph (1), the Secretary shall 
        provide notice and an opportunity for public comment.
          (3) Extensions and terminations.--At the conclusion 
        of the review process, the Secretary may extend the 
        State alternative environmental review and approval 
        procedures for an additional 5-year period or terminate 
        the State program.
  (g) Report to Congress.--Not later than 2 years after the 
date of enactment of this section, and annually thereafter, the 
Secretary shall submit to Congress a report that describes the 
administration of the program.

Sec. 22906. Railroad corridor preservation

  (a) In General.--The Secretary may assist an applicant to 
acquire railroad right-of-way and adjacent real property 
interests before the completion of the environmental reviews 
for any rail project that may use the right-of-way and the real 
property interests if the acquisition is otherwise permitted 
under Federal law. The Secretary may establish restrictions on 
such an acquisition as the Secretary determines to be necessary 
and appropriate.
  (b) Environmental Reviews.--Railroad right-of-way and real 
property interests acquired under this section may not be 
developed in anticipation of final approval of the rail project 
until all required environmental reviews for the rail project 
have been completed.

Sec. 22907. Treatment of railroads for historic preservation

  Except for a railroad operated as a historic site with the 
purpose of preserving the railroad for listing in the National 
Register of Historic Places, a railroad subject to the safety 
regulation jurisdiction of the Federal Railroad Administration, 
or any portion of such railroad, or any property in current or 
former use by a railroad and intended to be restored to use by 
a railroad, shall not be considered a historic site, district, 
object, structure, or property of national, State, or local 
significance for purposes of section 303 of this title or 
section 106 or 110 of the National Historic Preservation Act 
(16 U.S.C. 470f or 470h-2) by virtue of being listed as a 
resource in, or eligible for listing in, the National Register 
of Historic Places. At the discretion of the Secretary, with 
the advice of the Department of the Interior, significant 
individual elements of a railroad such as depots and major 
bridges would be subject to such section 106 or 110.

Sec. 22908. Categorical exclusion

  (a) Treatment of Rail Projects.--The Secretary shall, for the 
purposes of this title, treat a rail project as a class of 
action categorically excluded from the requirements relating to 
the environmental assessment process or the preparation of 
environmental impact statements under the standards promulgated 
by the Council on Environmental Quality (40 C.F.R. 1508.4), if 
such rail project--
          (1) replaces or maintains existing railroad 
        equipment; track and bridge structures; 
        electrification, communication, signaling, or security 
        facilities; stations; maintenance-of-way and 
        maintenance-of-equipment bases; or other existing 
        railroad-related facilities;
          (2) is a rail line addition of any length within an 
        existing right of way;
          (3) is related to the implementation of positive 
        train control systems, as required by section 20157 of 
        title 49, United States Code; or
          (4) replaces, reconstructs, or rehabilitates an 
        existing railroad bridge, including replacement of a 
        culvert, that does not require the acquisition of a 
        significant amount of right-of-way.
  (b) Additional Actions.--If a rail project qualifies for 
categorical exclusion under this section except for additional 
actions that do not fit in the relevant category, the rail 
project may be categorically excluded if the Secretary 
determines, based on information provided by the project 
sponsor, that the additional actions meet the standards for 
categorical exclusion promulgated by the Council on 
Environmental Quality (40 C.F.R. 1508.4).
  (c) Other Operating Administrations' Categorical 
Exclusions.--If a rail project would be eligible for 
categorical exclusion from the requirements relating to the 
environmental assessment process or the preparation of 
environmental impact statements by another operating 
administration of the Department of Transportation, the Federal 
Railroad Administration may categorically exclude the rail 
project.

Sec. 22909. State assumption of responsibility for categorical 
                    exclusions

  (a) Categorical Exclusion Determinations.--
          (1) In general.--The Secretary may assign, and a 
        State may assume, responsibility for determining 
        whether certain designated activities are included 
        within classes of action identified by the Secretary 
        that are categorically excluded from requirements for 
        environmental assessments or environmental impact 
        statements pursuant to regulations promulgated by the 
        Council on Environmental Quality under part 1500 of 
        title 40, Code of Federal Regulations (as in effect on 
        October 1, 2003).
          (2) Scope of authority.--A determination described in 
        paragraph (1) shall be made by a State in accordance 
        with criteria established by the Secretary and for any 
        type of activity for which a categorical exclusion 
        classification is appropriate.
          (3) Criteria.--The criteria under paragraph (2) shall 
        include provisions for public availability of 
        information consistent with section 552 of title 5 and 
        the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
          (4) Preservation of flexibility.--The Secretary shall 
        not require a State, as a condition of assuming 
        responsibility under this section, to forego project 
        delivery methods that are otherwise permissible for 
        rail projects.
  (b) Other Applicable Federal Laws.--
          (1) In general.--If a State assumes responsibility 
        under subsection (a), the Secretary may also assign and 
        the State may assume all or part of the 
        responsibilities of the Secretary for environmental 
        review, consultation, or other related actions required 
        under any Federal environmental law applicable to 
        activities that are classified by the Secretary as 
        categorical exclusions, with the exception of 
        government-to-government consultation with Indian 
        tribes, subject to the same procedural and substantive 
        requirements as would be required if that 
        responsibility were carried out by the Secretary.
          (2) Sole responsibility.--A State that assumes 
        responsibility under paragraph (1) with respect to a 
        Federal law shall be solely responsible and solely 
        liable for complying with and carrying out that law, 
        and the Secretary shall have no such responsibility or 
        liability.
  (c) Memoranda of Understanding.--
          (1) In general.--The Secretary and the State, after 
        providing public notice and opportunity for comment, 
        shall enter into a memorandum of understanding setting 
        forth the responsibilities to be assigned under this 
        section and the terms and conditions under which the 
        assignments are made, including establishment of the 
        circumstances under which the Secretary would reassume 
        responsibility for categorical exclusion 
        determinations.
          (2) Term.--A memorandum of understanding--
                  (A) shall have a term of not more than 3 
                years; and
                  (B) shall be renewable.
          (3) Acceptance of jurisdiction.--In a memorandum of 
        understanding, the State shall consent to accept the 
        jurisdiction of the Federal courts for the compliance, 
        discharge, and enforcement of any responsibility of the 
        Secretary that the State assumes.
          (4) Monitoring.--The Secretary shall--
                  (A) monitor compliance by the State with the 
                memorandum of understanding and the provision 
                by the State of financial resources to carry 
                out the memorandum of understanding; and
                  (B) take into account the performance by the 
                State when considering renewal of the 
                memorandum of understanding.
  (d) Termination.--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.
  (e) State Agency Deemed to be Federal Agency.--A State agency 
that is assigned a responsibility under a memorandum of 
understanding shall be deemed to be a Federal agency for the 
purposes of the Federal law under which the responsibility is 
exercised.

Sec. 22910. Rail project delivery program

  (a) Establishment.--
          (1) In general.--The Secretary shall carry out a rail 
        project delivery program (referred to in this section 
        as the ``program'').
          (2) Assumption of responsibility.--
                  (A) In general.--Subject to the other 
                provisions of this section, with the written 
                agreement of the Secretary and a State, which 
                may be in the form of a memorandum of 
                understanding, the Secretary may assign, and 
                the State may assume, the responsibilities of 
                the Secretary with respect to one or more rail 
                projects within the State under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.).
                  (B) Additional responsibility.--If a State 
                assumes responsibility under subparagraph (A)--
                          (i) the Secretary may assign to the 
                        State, and the State may assume, all or 
                        part of the responsibilities of the 
                        Secretary for environmental review, 
                        consultation, or other action required 
                        under any Federal environmental law 
                        pertaining to the review or approval of 
                        a specific rail project; but
                          (ii) the Secretary may not assign any 
                        responsibility imposed on the Secretary 
                        by chapter 227 of this title.
                  (C) Procedural and substantive 
                requirements.--A State shall assume 
                responsibility under this section subject to 
                the same procedural and substantive 
                requirements as would apply if that 
                responsibility were carried out by the 
                Secretary.
                  (D) Federal responsibility.--Any 
                responsibility of the Secretary not explicitly 
                assumed by the State by written agreement under 
                this section shall remain the responsibility of 
                the Secretary.
                  (E) No effect on authority.--Nothing in this 
                section preempts or interferes with any power, 
                jurisdiction, responsibility, or authority of 
                an agency, other than the Department of 
                Transportation, under applicable law (including 
                regulations) with respect to a rail project.
                  (F) Preservation of flexibility.--The 
                Secretary may not require a State, as a 
                condition of participation in the program, to 
                forego project delivery methods that are 
                otherwise permissible for rail projects.
  (b) State Participation.--
          (1) Participating states.--All States are eligible to 
        participate in the program.
          (2) Application.--Not later than 270 days after the 
        date of enactment of this section, the Secretary shall 
        promulgate regulations that establish requirements 
        relating to information required to be contained in any 
        application of a State to participate in the program, 
        including, at a minimum--
                  (A) the rail projects or classes of projects 
                for which the State anticipates exercising the 
                authority that may be granted under the 
                program;
                  (B) verification of the financial resources 
                necessary to carry out the authority that may 
                be granted under the program; and
                  (C) evidence of the notice and solicitation 
                of public comment by the State relating to 
                participation of the State in the program, 
                including copies of comments received from that 
                solicitation.
          (3) Public notice.--
                  (A) In general.--Each State that submits an 
                application under this subsection shall give 
                notice of the intent of the State to 
                participate in the program not later than 30 
                days before the date of submission of the 
                application.
                  (B) Method of notice and solicitation.--The 
                State shall provide notice and solicit public 
                comment under this paragraph by publishing the 
                complete application of the State in accordance 
                with the appropriate public notice law of the 
                State.
          (4) Selection criteria.--The Secretary may approve 
        the application of a State under this section only if--
                  (A) the regulatory requirements under 
                paragraph (2) have been met;
                  (B) the Secretary determines that the State 
                has the capability, including financial and 
                personnel, to assume the responsibility; and
                  (C) the head of the State agency having 
                primary jurisdiction over rail matters enters 
                into a written agreement with the Secretary 
                described in subsection (c).
          (5) Other federal agency views.--If a State applies 
        to assume a responsibility of the Secretary that would 
        have required the Secretary to consult with another 
        Federal agency, the Secretary shall solicit the views 
        of the Federal agency before approving the application.
  (c) Written Agreement.--A written agreement under this 
section shall--
          (1) be executed by the Governor or the top-ranking 
        transportation official in the State who is charged 
        with responsibility for rail construction;
          (2) be in such form as the Secretary may prescribe;
          (3) provide that the State--
                  (A) agrees to assume all or part of the 
                responsibilities of the Secretary described in 
                subsection (a);
                  (B) expressly consents, on behalf of the 
                State, to accept the jurisdiction of the 
                Federal courts for the compliance, discharge, 
                and enforcement of any responsibility of the 
                Secretary assumed by the State;
                  (C) certifies that State laws (including 
                regulations) are in effect that--
                          (i) authorize the State to take the 
                        actions necessary to carry out the 
                        responsibilities being assumed; and
                          (ii) are comparable to section 552 of 
                        title 5, including providing that any 
                        decision regarding the public 
                        availability of a document under those 
                        State laws is reviewable by a court of 
                        competent jurisdiction; and
                  (D) agrees to maintain the financial 
                resources necessary to carry out the 
                responsibilities being assumed;
          (4) shall have a term of not more than 5 years; and
          (5) shall be renewable.
  (d) Jurisdiction.--
          (1) In general.--The United States district courts 
        shall have exclusive jurisdiction over any civil action 
        against a State for failure to carry out any 
        responsibility of the State under this section.
          (2) Legal standards and requirements.--A civil action 
        under paragraph (1) shall be governed by the legal 
        standards and requirements that would apply in such a 
        civil action against the Secretary had the Secretary 
        taken the actions in question.
          (3) Intervention.--The Secretary shall have the right 
        to intervene in any action described in paragraph (1).
  (e) Effect of Assumption of Responsibility.--A State that 
assumes responsibility under subsection (a)(2) shall be solely 
responsible and solely liable for carrying out, in lieu of the 
Secretary, the responsibilities assumed under subsection 
(a)(2), until the program is terminated as provided in 
subsection (j).
  (f) Limitations on Agreements.--Nothing in this section 
permits a State to assume any rulemaking authority of the 
Secretary under any Federal law.
  (g) Audits.--
          (1) In general.--To ensure compliance by a State with 
        any agreement of the State under subsection (c) 
        (including compliance by the State with all Federal 
        laws for which responsibility is assumed under 
        subsection (a)(2)), for each State participating in the 
        program under this section, the Secretary shall 
        conduct--
                  (A) semiannual audits during each of the 
                first 2 years of State participation; and
                  (B) annual audits during each of the third 
                and fourth years of State participation.
          (2) Public availability and comment.--
                  (A) In general.--An audit conducted under 
                paragraph (1) shall be provided to the public 
                for comment.
                  (B) Response.--Not later than 60 days after 
                the date on which the period for public comment 
                ends, the Secretary shall respond to public 
                comments received under subparagraph (A).
  (h) Monitoring.--After the fourth year of participation of 
the State in the program, the Secretary shall monitor 
compliance by the State with the written agreement, including 
the provision by the State of financial resources to carry out 
the written agreement.
  (i) Report to Congress.--The Secretary shall submit to 
Congress an annual report that describes the administration of 
the program.
  (j) Termination.--The Secretary may terminate the 
participation of any State in the program if--
          (1) the Secretary determines that the State is not 
        adequately carrying out the responsibilities assigned 
        to the State;
          (2) the Secretary provides to the State--
                  (A) notification of the determination of 
                noncompliance; and
                  (B) a period of at least 30 days during which 
                to take such corrective action as the Secretary 
                determines is necessary to comply with the 
                applicable agreement; and
          (3) the State, after the notification and period 
        provided under paragraph (2), fails to take 
        satisfactory corrective action, as determined by 
        Secretary.

Sec. 22911. Exemption in emergencies

  If any railroad, track, bridge, or other facility is in 
operation or under construction when damaged by an emergency 
declared by the Governor of the State and concurred in by the 
Secretary, or declared by the President pursuant to the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121), is proposed to be reconstructed with Federal 
funds, and is reconstructed in the same location with the same 
capacity, dimensions, and design as before the emergency, then 
that reconstruction project shall be exempt from any further 
environmental reviews, approvals, licensing, and permit 
requirements under--
          (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
          (2) sections 402 and 404 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1342, 1344);
          (3) the National Historic Preservation Act (16 U.S.C. 
        470 et seq.);
          (4) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
        seq.);
          (5) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
        seq.);
          (6) the Fish and Wildlife Coordination Act (16 U.S.C. 
        661 et seq.);
          (7) the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.), except when the reconstruction occurs in 
        designated critical habitat for threatened and 
        endangered species;
          (8) Executive Order 11990 (42 U.S.C. 4321 note; 
        relating to the protection of wetlands); and
          (9) any Federal law (including regulations) requiring 
        no net loss of wetlands.

           *       *       *       *       *       *       *

PART C--PASSENGER TRANSPORTATION

           *       *       *       *       *       *       *

                          CHAPTER 241--GENERAL

Sec.
24101.  Findings, mission, and goals.
     * * * * * * *
[24105.  Congestion grants.]

           *       *       *       *       *       *       *

[Sec. 24105. Congestion grants

  [(a) Authority.--The Secretary of Transportation may make 
grants to States, or to Amtrak in cooperation with States, for 
financing the capital costs of facilities, infrastructure, and 
equipment for high priority rail corridor projects necessary to 
reduce congestion or facilitate ridership growth in intercity 
rail passenger transportation.
  [(b) Eligible Projects.--Projects eligible for grants under 
this section include projects--
          [(1) identified by Amtrak as necessary to reduce 
        congestion or facilitate ridership growth in intercity 
        rail passenger transportation along heavily traveled 
        rail corridors;
          [(2) identified by the Surface Transportation Board 
        as necessary to improve the on time performance and 
        reliability of intercity rail passenger transportation 
        under section 24308(f); and
          [(3) designated by the Secretary as being 
        sufficiently advanced in development to be capable of 
        serving the purposes described in subsection (a) on an 
        expedited schedule.
  [(c) Federal Share.--The Federal share of the cost of a 
project financed under this section shall not exceed 80 
percent.
  [(d) Grant Conditions.--The Secretary of Transportation shall 
require each recipient of a grant under this section to comply 
with the grant requirements of section 24405 of this title.
  [(e) Authorization of Appropriations.--There are authorized 
to be appropriated, from amounts made available under section 
301 of the Passenger Rail Investment and Improvement Act of 
2008, to the Secretary to carry out this section--
          [(1) $50,000,000 for fiscal year 2010;
          [(2) $75,000,000 for fiscal year 2011;
          [(3) $100,000,000 for fiscal year 2012; and
          [(4) $100,000,000 for fiscal year 2013.]

           *       *       *       *       *       *       *

                          CHAPTER 243--AMTRAK

Sec.
24301. Status and applicable laws.
     * * * * * * *
24316. Plan [to assist families of passengers] to address needs of 
          families of passengers involved in rail passenger accidents.
24317. Inspector General.

           *       *       *       *       *       *       *

Sec. 24305. General authority

  (a) * * *

           *       *       *       *       *       *       *

  (c) Miscellaneous Authority.--Amtrak may--
          (1) * * *

           *       *       *       *       *       *       *

          (4) provide food and beverage services on its trains 
        [only if revenues from the services each year at least 
        equal the cost of providing the services] only as 
        provided in subsection (h);

           *       *       *       *       *       *       *

  (f) Domestic Buying Preferences.--(1) * * *

           *       *       *       *       *       *       *

  (5) The requirements of this subsection apply to all 
contracts for a project carried out within the scope of the 
applicable finding, determination, or decision under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), regardless of the funding source of such contracts, if 
at least one contract for the project is funded with amounts 
made available to carry out this title.
  (6) If the Secretary receives a request for an exemption 
under this subsection, the Secretary shall provide notice of 
and an opportunity for public comment on the request at least 
30 days before making a finding based on the request. Such a 
notice shall include the information available to the Secretary 
concerning the request and shall be provided by electronic 
means, including on the official public Internet Web site of 
the Department of Transportation. If the Secretary grants an 
exemption under this subsection, the Secretary shall publish in 
the Federal Register a detailed justification for the exemption 
that addresses the public comments received under this 
paragraph and shall ensure that such justification is published 
before the exemption takes effect.
  (g) Limitations on Use of Federal Funds.--
          (1) Limitations.--Amtrak may not use any Federal 
        funds for the following purposes:
                  (A) Hiring or contracting with any outside 
                legal professional for the purpose of filing, 
                litigating, or otherwise pursuing any cause of 
                action in a Federal or State court against a 
                passenger rail service provider.
                  (B) Filing, litigating, or otherwise pursuing 
                in any Federal or State court any cause of 
                action against a passenger rail service 
                provider arising from a competitive bid process 
                in which Amtrak and the passenger rail service 
                provider participated.
          (2) Definitions.--For the purposes of this 
        subsection--
                  (A) the term ``outside legal professional'' 
                means any individual, corporation, partnership, 
                limited liability corporation, limited 
                liability partnership, or other private entity 
                in the business of providing legal services 
                that is not employed on a full-time basis 
                solely by Amtrak; and
                  (B) the term ``passenger rail service 
                provider'' means any company, partnership, or 
                other public or private entity that operates 
                passenger rail service or bids to operate 
                passenger rail service in a competitive 
                process.
  (h) Food and Beverage Service.--
          (1) In general.--Except as provided in paragraph (6), 
        food and beverage service may be provided on Amtrak 
        trains only by a bidder selected by the Federal 
        Railroad Administration under paragraph (5). The 
        Federal Railroad Administration may consult with and 
        obtain assistance from the General Services 
        Administration in carrying out this subsection.
          (2) Requests for proposals.--Not later than 60 days 
        after the date of enactment of this subsection, the 
        Federal Railroad Administration shall issue separate 
        requests for proposals for provision of food and 
        beverage service on Amtrak trains on the national rail 
        passenger transportation system for each of 
        subparagraphs (A) through (D) of section 24102(5).
          (3) Deadlines.--
                  (A) Submittal of bids.--Bids for the 
                provision of food and beverage service on 
                Amtrak trains pursuant to the requests for 
                proposals issued under paragraph (2) shall be 
                submitted to the Federal Railroad 
                Administration not later than 60 days after the 
                issuance of the relevant request for proposals.
                  (B) Selection of winning bids.--The Federal 
                Railroad Administration shall select winning 
                bidders pursuant to paragraph (5) not later 
                than 90 days after the issuance of the relevant 
                request for proposals.
          (4) Amtrak participation.--Amtrak may participate in 
        the bidding pursuant to a request for proposals issued 
        under paragraph (2).
          (5) Selection of providers.--The Federal Railroad 
        Administration shall select for the provision of food 
        and beverage service on Amtrak trains the qualified 
        bidder responding to the request for proposals issued 
        under paragraph (2) whose bid would result in the 
        lowest cost, or the greatest source of revenue, to 
        Amtrak.
          (6) Exemption.--If no qualified bidder responds to 
        the request for proposals issued under paragraph (2), 
        Amtrak, after transmitting to the Federal Railroad 
        Administration and the Congress an explanation of the 
        reasons for the need of an exemption, may request from 
        the Federal Railroad Administration, and the Federal 
        Railroad Administration may grant, an exemption from 
        the limitations under this subsection.
          (7) Subsidy for net loss.--The Federal Railroad 
        Administration shall provide directly to the entity 
        providing food and beverage service on Amtrak trains 
        any portion of appropriations for Amtrak necessary to 
        cover a net loss resulting from the provision of such 
        service, but only to the extent that such net loss was 
        anticipated in the bid selected.

           *       *       *       *       *       *       *

[Sec. 24310. Management accountability

  [(a) In General.--Within 3 years after the date of enactment 
of the Passenger Rail Investment and Improvement Act of 2008, 
and 2 years thereafter, the Inspector General of the Department 
of Transportation shall complete an overall assessment of the 
progress made by Amtrak management and the Department of 
Transportation in implementing the provisions of that Act.
  [(b) Assessment.--The management assessment undertaken by the 
Inspector General may include a review of--
          [(1) effectiveness in improving annual financial 
        planning;
          [(2) effectiveness in implementing improved financial 
        accounting;
          [(3) efforts to implement minimum train performance 
        standards;
          [(4) progress maximizing revenues, minimizing Federal 
        subsidies, and improving financial results; and
          [(5) any other aspect of Amtrak operations the 
        Inspector General finds appropriate to review.]

Sec. 24310. Management accountability

  (a) In General.--Promptly after the date of enactment of the 
American Energy and Infrastructure Jobs Act of 2012, and again 
not later than 5 years after the date of enactment of the 
Passenger Rail Investment and Improvement Act of 2008, the 
Inspector General of the Department of Transportation shall 
complete an overall assessment of the progress made by the 
Department of Transportation, and the Inspector General of 
Amtrak shall complete an overall assessment of the progress 
made by Amtrak management, in implementing the provisions of 
the Passenger Rail Investment and Improvement Act of 2008.
  (b) Assessment.--The management assessment undertaken by the 
Amtrak Inspector General may include a review of--
          (1) effectiveness in improving annual financial 
        planning;
          (2) effectiveness in implementing improved financial 
        accounting;
          (3) efforts to implement minimum train performance 
        standards;
          (4) progress maximizing revenues, minimizing Federal 
        subsidies, and improving financial results; and
          (5) any other aspect of Amtrak operations the Amtrak 
        Inspector General finds appropriate to review.

           *       *       *       *       *       *       *

Sec. 24317. Inspector General

  (a) Investigation Authority.--The Inspector General of Amtrak 
shall have all authority available to other Inspectors General, 
as necessary in carrying out the duties specified in the 
Inspector General Act 1978 (5 U.S.C. App. 3), to investigate 
any alleged violation of section 286, 287, 371, 641, 1001, or 
1002 of title 18, and, with respect to audits conducted by the 
Amtrak Office of the Inspector General, any violation of 
section 1516 of such title.
  (b) Services From General Services Administration.--The 
Inspector General of Amtrak may obtain from the Administrator 
of General Services, and the Administrator shall provide to the 
Inspector General, services under sections 502(a) and 602 of 
title 40, including travel programs.
  (c) Qualified Immunity.--
          (1) In general.--An employee of the Amtrak Office of 
        Inspector General shall enjoy the same personal 
        qualified immunity from lawsuit or liability as the 
        employees of other inspectors general that operate 
        under authority of the Inspector General Act of 1978 
        with respect to the performance of investigative, 
        audit, or inspection functions authorized under that 
        Act that are carried out for the Amtrak Office of 
        Inspector General.
          (2) Federal government liability.--No liability of 
        any kind shall attach to or rest upon the United States 
        for any damages from or by any actions of the Amtrak 
        Office of Inspector General, its employees, agents, or 
        representatives.

           *       *       *       *       *       *       *

    CHAPTER 244--INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL 
                               ASSISTANCE

Sec.
24401.  Definitions.
[24402.  Capital investment grants to support intercity passenger rail 
          service.]
24402.  Intercity passenger rail capital grants to States.
          * * * * * * *

Sec. 24402. [Capital investment grants to support intercity passenger 
                    rail service] Intercity passenger rail capital 
                    grants to States

  (a) * * *
  [(b) Project as Part of State Rail Plan.--
          [(1) The Secretary may not approve a grant for a 
        project under this section unless the Secretary finds 
        that the project is part of a State rail plan developed 
        under chapter 227 of this title, or under the plan 
        required by section 211 of the Passenger Rail 
        Investment and Improvement Act of 2008, and that the 
        applicant or recipient has or will have the legal, 
        financial, and technical capacity to carry out the 
        project, satisfactory continuing control over the use 
        of the equipment or facilities, and the capability and 
        willingness to maintain the equipment or facilities.
          [(2) An applicant shall provide sufficient 
        information upon which the Secretary can make the 
        findings required by this subsection.
          [(3) If an applicant has not selected the proposed 
        operator of its service competitively, the applicant 
        shall provide written justification to the Secretary 
        showing why the proposed operator is the best, taking 
        into account price and other factors, and that use of 
        the proposed operator will not unnecessarily increase 
        the cost of the project.]
  [(c)] (b) Project Selection Criteria.--The Secretary, in 
selecting the recipients of financial assistance to be provided 
under subsection (a), shall--
          (1) require--
                  (A) * * *
          * * * * * * *
                  (D) [that if an applicant has selected the 
                proposed operator of its service competitively, 
                that the applicant provide] that the applicant 
                shall select the proposed operator of its 
                service competitively, and that the applicant 
                shall provide written justification to the 
                Secretary showing why the proposed operator is 
                the best, taking into account costs and other 
                factors;
          * * * * * * *
          (2) select projects--
                  (A) * * *
                  (B) for which there is a high degree of 
                confidence that the proposed project is 
                feasible and will result in the anticipated 
                benefits, as indicated by--
                          (i) * * *
                          (ii) the readiness of the project to 
                        be commenced; and
                          (iii) the timing and amount of the 
                        project's future noncommitted 
                        investments; and
                          [(iv) the commitment of any affected 
                        host rail carrier to ensure the 
                        realization of the anticipated 
                        benefits; and
                          [(v) other relevant factors as 
                        determined by the Secretary; and]
          * * * * * * *
  [(d)] (c) State Rail Plans.--State rail plans completed 
before the date of enactment of the Passenger Rail Investment 
and Improvement Act of 2008 that substantially meet the 
requirements of chapter 227 of this title, as determined by the 
Secretary pursuant to section 22506 of this title, shall be 
deemed by the Secretary to have met the requirements of 
subsection [(c)(1)(A)] (b)(1)(A) of this section.
  [(e)] (d) Amtrak Eligibility.--To receive a grant under this 
section, Amtrak may enter into a cooperative agreement with 1 
or more States to carry out 1 or more projects on a State rail 
plan's ranked list of rail capital projects developed under 
section 22504(a)(5) of this title. For such a grant, Amtrak may 
not use Federal funds authorized under section 101(a) or (c) of 
the Passenger Rail Investment and Improvement Act of 2008 to 
fulfill the non-Federal share requirements under subsection 
[(g)] (f) of this section.
  [(f)] (e) Letters of Intent and Early Systems Work 
Agreements.--
          (1) * * *
          (2) At least 30 days before issuing a letter under 
        paragraph (1) of this subsection, the Secretary shall 
        notify in writing the Committee on Transportation and 
        Infrastructure of the House of Representatives, the 
        Committee on Commerce, Science, and Transportation of 
        the Senate, and the House and Senate Committees on 
        Appropriations of the proposed letter or agreement. The 
        Secretary shall include with the notification a copy of 
        the proposed letter or agreement, the criteria used in 
        subsection [(c)] (b) for selecting the project for a 
        grant award, and a description of how the project meets 
        such criteria.
          * * * * * * *
  [(g)] (f) Federal Share of Net Project Cost.--
          (1) * * *
          * * * * * * *
          [(3) The following amounts, not to exceed $15,000,000 
        per fiscal year, shall be available to each applicant 
        as a credit toward an applicant's matching requirement 
        for a grant awarded under this section--
                  [(A) in each of fiscal years 2009, 2010, and 
                2011--
                          [(i) 50 percent of the average of 
                        amounts expended in fiscal years 2002 
                        through 2008 by an applicant for 
                        capital projects related to intercity 
                        passenger rail service; and
                          [(ii) 50 percent of the average of 
                        amounts expended in fiscal years 2002 
                        through 2008 by an applicant for 
                        operating costs of such service; and
                  [(B) in each of fiscal years 2010, 2011 and 
                2012, 50 percent of the amount by which the 
                amounts expended for capital projects and 
                operating costs related to intercity passenger 
                rail service by an applicant in the prior 
                fiscal year exceed the average capital and 
                operating expenditures made for such service in 
                fiscal years 2006, 2007, and 2008.
        The Secretary may require such information as necessary 
        to verify such expenditures. Credits made available to 
        an applicant in a fiscal year under this paragraph may 
        only be applied towards grants awarded in that fiscal 
        year.
          [(4) The Federal share of expenditures for capital 
        improvements under this chapter may not exceed 100 
        percent.]
  [(h)] (g) 2-Year Availability.--Funds appropriated under this 
section shall remain available until expended. [If any amount 
provided as a grant under this section is not obligated or 
expended for the purposes described in subsection (a) within 2 
years after the date on which the State received the grant, 
such sums shall be returned to the Secretary for other 
intercity passenger rail development projects under this 
section at the discretion of the Secretary.] If any amount 
provided as a grant under this section is not obligated within 
3 years after the date on which the State is awarded the grant, 
such amount shall be rescinded and deposited to the general 
fund of the Treasury, where such amount shall be dedicated for 
the sole purpose of deficit reduction and prohibited from use 
as an offset for other spending increases or revenue 
reductions.
  [(i)] (h) Cooperative Agreements.--
          (1) * * *
          * * * * * * *
  [(j)] (i) Special Transportation Circumstances.--In carrying 
out this section, the Secretary shall allocate an appropriate 
portion of the amounts available under this section to provide 
grants to States--
          (1) * * *
          * * * * * * *
  [(k)] (j) Small Capital Projects.--The Secretary shall make 
not less than 5 percent annually available from the amounts 
authorized under section 101(c) of the Passenger Rail 
Investment and Improvement Act of 2008 beginning in fiscal year 
2009 for grants for capital projects eligible under this 
section not exceeding $2,000,000, including costs eligible 
under section 209(d) of that Act. For grants awarded under this 
subsection, the Secretary may waive requirements of this 
section, including state rail plan requirements, as 
appropriate.
  [(l)] (k) Nonmotorized Transportation Access and Storage.--
Grants under this chapter may be used to provide access to 
rolling stock for nonmotorized transportation, including 
bicycles, and recreational equipment, and to provide storage 
capacity in trains for such transportation, equipment, and 
other luggage, to ensure passenger safety.
          * * * * * * *

Sec. 24405. Grant conditions

  (a) Buy America.--(1) * * *
          * * * * * * *
  [(4) If the Secretary determines that it is necessary to 
waive the application of paragraph (1) based on a finding under 
paragraph (2), the Secretary shall, before the date on which 
such finding takes effect--
          [(A) publish in the Federal Register a detailed 
        written justification as to why the waiver is needed; 
        and
          [(B) provide notice of such finding and an 
        opportunity for public comment on such finding for a 
        reasonable period of time not to exceed 15 days.]
  [(5)] (4) Not later than December 31, 2012, the Secretary 
shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a report on any waivers granted under paragraph (2).
  [(6)] (5) The Secretary of Transportation may not make a 
waiver under paragraph (2) of this subsection for goods 
produced in a foreign country if the Secretary, in consultation 
with the United States Trade Representative, decides that the 
government of that foreign country--
          (A) * * *
          * * * * * * *
  [(7)] (6) A person is ineligible to receive a contract or 
subcontract made with amounts authorized under this chapter if 
a court or department, agency, or instrumentality of the 
Government decides the person intentionally--
          (A) * * *
          * * * * * * *
  [(8)] (7) The Secretary may not impose any limitation on 
assistance provided under this chapter that restricts a State 
from imposing more stringent requirements than this subsection 
on the use of articles, materials, and supplies mined, 
produced, or manufactured in foreign countries in projects 
carried out with that assistance or restricts a recipient of 
that assistance from complying with those State-imposed 
requirements.
  [(9)] (8) The Secretary may allow a manufacturer or supplier 
of steel, iron, or manufactured goods to correct after bid 
opening any certification of noncompliance or failure to 
properly complete the certification (but not including failure 
to sign the certification) under this subsection if such 
manufacturer or supplier attests under penalty of perjury that 
such manufacturer or supplier submitted an incorrect 
certification as a result of an inadvertent or clerical error. 
The burden of establishing inadvertent or clerical error is on 
the manufacturer or supplier.
  [(10)] (9) A party adversely affected by an agency action 
under this subsection shall have the right to seek review under 
section 702 of title 5.
  [(11)] (10) The requirements of this subsection shall only 
apply to projects for which the costs exceed $100,000.
  (11) The requirements of this subsection apply to all 
contracts for a project carried out within the scope of the 
applicable finding, determination, or decision under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), regardless of the funding source of such contracts, if 
at least one contract for the project is funded with amounts 
made available to carry out this title.
  (12) If the Secretary receives a request for a waiver under 
this subsection, the Secretary shall provide notice of and an 
opportunity for public comment on the request at least 30 days 
before making a finding based on the request. Such a notice 
shall include the information available to the Secretary 
concerning the request and shall be provided by electronic 
means, including on the official public Internet Web site of 
the Department of Transportation. If the Secretary issues a 
waiver under this subsection, the Secretary shall publish in 
the Federal Register a detailed justification for the waiver 
that addresses the public comments received under this 
paragraph and shall ensure that such justification is published 
before the waiver takes effect.

CHAPTER 247--AMTRAK ROUTE SYSTEM

           *       *       *       *       *       *       *

Sec. 24711. Alternate passenger rail service pilot program

  (a) In General.--Within 1 year after the date of enactment of 
the Passenger Rail Investment and Improvement Act of 2008, the 
Federal Railroad Administration shall complete a rulemaking 
proceeding to develop a pilot program that--
          (1) permits a rail carrier or rail carriers that own 
        infrastructure over which Amtrak operates a passenger 
        rail service route described in subparagraph (B), (C), 
        or (D) of section 24102(5) or in section 24702 to 
        petition the Administration to be considered as a 
        passenger rail service provider over that route in lieu 
        of Amtrak for [a period not to exceed 5 years after the 
        date of enactment of the Passenger Rail Investment and 
        Improvement Act of 2008] an operations period of 5 
        years, renewable for a second 5-year operations period 
        at the discretion of the Administrator;

           *       *       *       *       *       *       *

  (f) Transfer Authority.--The Secretary of Transportation may 
provide directly to a winning bidder selected under this 
section any portion of appropriations for Amtrak operations 
necessary to cover the operating subsidy described in 
subsection (a)(5)(B).

           *       *       *       *       *       *       *

PART D--HIGH-SPEED RAIL

           *       *       *       *       *       *       *

CHAPTER 261--HIGH-SPEED RAIL ASSISTANCE

           *       *       *       *       *       *       *

Sec. 26106. High-speed rail corridor development

  (a) * * *

           *       *       *       *       *       *       *

  (e) Competitive Grant Selection and Criteria for Grants.--
          (1) * * *
          (2) Grant criteria.--The Secretary, in selecting the 
        recipients of high-speed rail development grants to be 
        provided under subsection (c), shall--
                  (A) require--
                          (i) * * *

           *       *       *       *       *       *       *

                          (v) [that if an applicant has 
                        selected the proposed operator of its 
                        service, that the applicant provide] 
                        that the applicant shall select the 
                        proposed operator of its service 
                        competitively, and that the applicant 
                        shall provide written justification to 
                        the Secretary showing why the proposed 
                        operator is the best, taking into 
                        account costs and other factors;

           *       *       *       *       *       *       *

                  (B) select high-speed rail projects--
                          (i) * * *
                          (ii) for which there is a high degree 
                        of confidence that the proposed project 
                        is feasible and will result in the 
                        anticipated benefits, as indicated by--
                                  (I) the project's 
                                precommencement compliance with 
                                environmental protection 
                                requirements; and
                                  (II) the readiness of the 
                                project to be commenced; and
                                  [(III) the commitment of any 
                                affected host rail carrier to 
                                ensure the realization of the 
                                anticipated benefits; and
                                  [(IV) other relevant factors 
                                as determined by the 
                                Secretary;]

           *       *       *       *       *       *       *

SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS

           *       *       *       *       *       *       *

PART B--COMMERCIAL

           *       *       *       *       *       *       *

              CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY

            SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS

Sec.
31100. Purpose.
     * * * * * * *
[31102. Grants to States.]
31102. Motor carrier safety assistance program.
     * * * * * * *
[31107.  Border enforcement grants.]
     * * * * * * *
[31109. Performance and registration information system management.]
31109. Performance and registration information systems management 
          program.
     * * * * * * *

                    SUBCHAPTER III--SAFETY REGULATION

     * * * * * * *
31134. Requirement for registration and Department of Transportation 
          number.
     * * * * * * *

SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS PROGRAMS

           *       *       *       *       *       *       *

[Sec. 31102. Grants to States

  [(a) General Authority.--Subject to this section and the 
availability of amounts, the Secretary of Transportation may 
make grants to States for the development or implementation of 
programs for improving motor carrier safety and the enforcement 
of regulations, standards, and orders of the United States 
Government on commercial motor vehicle safety, hazardous 
materials transportation safety, and compatible State 
regulations, standards, and orders.
  [(b) State Plan Procedures and Contents.--(1) The Secretary 
shall prescribe procedures for a State to submit a plan under 
which the State agrees to assume responsibility for improving 
motor carrier safety and to adopt and enforce regulations, 
standards, and orders of the Government on commercial motor 
vehicle safety, hazardous materials transportation safety, or 
compatible State regulations, standards, and orders. The 
Secretary shall approve the plan if the Secretary decides the 
plan is adequate to promote the objectives of this section and 
the plan--
          [(A) implements performance-based activities, 
        including deployment of technology to enhance the 
        efficiency and effectiveness of commercial motor 
        vehicle safety programs;
          [(B) designates the State motor vehicle safety agency 
        responsible for administering the plan throughout the 
        State;
          [(C) contains satisfactory assurances the agency has 
        or will have the legal authority, resources, and 
        qualified personnel necessary to enforce the 
        regulations, standards, and orders;
          [(D) contains satisfactory assurances the State will 
        devote adequate amounts to the administration of the 
        plan and enforcement of the regulations, standards, and 
        orders;
          [(E) provides that the total expenditure of amounts 
        of the State and its political subdivisions (not 
        including amounts of the Government) for commercial 
        motor vehicle safety programs for enforcement of 
        commercial motor vehicle size and weight limitations, 
        drug interdiction, and State traffic safety laws and 
        regulations under subsection (c) of this section will 
        be maintained at a level at least equal to the average 
        level of that expenditure for the 3 full fiscal years 
        beginning after October 1 of the year 5 years prior to 
        the beginning of each Government fiscal year.
          [(F) provides a right of entry and inspection to 
        carry out the plan;
          [(G) provides that all reports required under this 
        section be submitted to the agency and that the agency 
        will make the reports available to the Secretary on 
        request;
          [(H) provides that the agency will adopt the 
        reporting requirements and use the forms for 
        recordkeeping, inspections, and investigations the 
        Secretary prescribes;
          [(I) requires registrants of commercial motor 
        vehicles to make a declaration of knowledge of 
        applicable safety regulations, standards, and orders of 
        the Government and the State;
          [(J) provides that the State will grant maximum 
        reciprocity for inspections conducted under the North 
        American Inspection Standard through the use of a 
        nationally accepted system that allows ready 
        identification of previously inspected commercial motor 
        vehicles;
          [(K) ensures that activities described in subsection 
        (c)(1) of this section, if financed with grants under 
        subsection (a) of this section, will not diminish the 
        effectiveness of the development and implementation of 
        commercial motor vehicle safety programs described in 
        subsection (a);
          [(L) ensures that the State agency will coordinate 
        the plan, data collection, and information systems with 
        State highway safety programs under title 23;
          [(M) ensures participation in SAFETYNET and other 
        information systems by all appropriate jurisdictions 
        receiving funding under this section;
          [(N) ensures that information is exchanged among the 
        States in a timely manner;
          [(O) provides satisfactory assurances that the State 
        will undertake efforts that will emphasize and improve 
        enforcement of State and local traffic safety laws and 
        regulations related to commercial motor vehicle safety;
          [(P) provides satisfactory assurances that the State 
        will promote activities in support of national 
        priorities and performance goals, including--
                  [(i) activities aimed at removing impaired 
                commercial motor vehicle drivers from the 
                highways of the United States through adequate 
                enforcement of regulations on the use of 
                alcohol and controlled substances and by 
                ensuring ready roadside access to alcohol 
                detection and measuring equipment;
                  [(ii) activities aimed at providing an 
                appropriate level of training to State motor 
                carrier safety assistance program officers and 
                employees on recognizing drivers impaired by 
                alcohol or controlled substances; and
                  [(iii) interdiction activities affecting the 
                transportation of controlled substances by 
                commercial motor vehicle drivers and training 
                on appropriate strategies for carrying out 
                those interdiction activities;
          [(Q) provides that the State has established a 
        program to ensure that--
                  [(i) accurate, complete, and timely motor 
                carrier safety data is collected and reported 
                to the Secretary; and
                  [(ii) the State will participate in a 
                national motor carrier safety data correction 
                system prescribed by the Secretary;
          [(R) ensures that the State will cooperate in the 
        enforcement of registration requirements under section 
        13902 and financial responsibility requirements under 
        sections 13906, 31138, and 31139 and regulations issued 
        thereunder;
          [(S) ensures consistent, effective, and reasonable 
        sanctions;
          [(T) ensures that roadside inspections will be 
        conducted at a location that is adequate to protect the 
        safety of drivers and enforcement personnel;
          [(U) provides that the State will include in the 
        training manual for the licensing examination to drive 
        a noncommercial motor vehicle and a commercial motor 
        vehicle, information on best practices for driving 
        safely in the vicinity of noncommercial and commercial 
        motor vehicles;
          [(V) provides that the State will enforce the 
        registration requirements of section 13902 by 
        prohibiting the operation of any vehicle discovered to 
        be operated by a motor carrier without a registration 
        issued under such section or to operate beyond the 
        scope of such registration;
          [(W) provides that the State will conduct 
        comprehensive and highly visible traffic enforcement 
        and commercial motor vehicle safety inspection programs 
        in high-risk locations and corridors; and
          [(X) except in the case of an imminent or obvious 
        safety hazard, ensures that an inspection of a vehicle 
        transporting passengers for a motor carrier of 
        passengers is conducted at a station, terminal, border 
        crossing, maintenance facility, destination, or other 
        location where a motor carrier may make a planned stop.
  [(2) If the Secretary disapproves a plan under this 
subsection, the Secretary shall give the State a written 
explanation and allow the State to modify and resubmit the plan 
for approval.
  [(3) In estimating the average level of State expenditure 
under paragraph (1)(E) of this subsection, the Secretary--
          [(A) may allow the State to exclude State 
        expenditures for Government-sponsored demonstration or 
        pilot programs; and
          [(B) shall require the State to exclude Government 
        amounts and State matching amounts used to receive 
        Government financing under subsection (a) of this 
        section.
  [(c) Use of Grants To Enforce Other Laws.--A State may use 
amounts received under a grant under subsection (a)--
          [(1) for the following activities if the activities 
        are carried out in conjunction with an appropriate 
        inspection of the commercial motor vehicle to enforce 
        Government or State commercial motor vehicle safety 
        regulations:
                  [(A) enforcement of commercial motor vehicle 
                size and weight limitations at locations other 
                than fixed weight facilities, at specific 
                locations such as steep grades or mountainous 
                terrains where the weight of a commercial motor 
                vehicle can significantly affect the safe 
                operation of the vehicle, or at ports where 
                intermodal shipping containers enter and leave 
                the United States; and
                  [(B) detection of the unlawful presence of a 
                controlled substance (as defined under section 
                102 of the Comprehensive Drug Abuse Prevention 
                and Control Act of 1970 (21 U.S.C. 802)) in a 
                commercial motor vehicle or on the person of 
                any occupant (including the operator) of the 
                vehicle; and
          [(2) for documented enforcement of State traffic laws 
        and regulations designed to promote the safe operation 
        of commercial motor vehicles, including documented 
        enforcement of such laws and regulations relating to 
        noncommercial motor vehicles when necessary to promote 
        the safe operation of commercial motor vehicles if the 
        number of motor carrier safety activities (including 
        roadside safety inspections) conducted in the State is 
        maintained at a level at least equal to the average 
        level of such activities conducted in the State in 
        fiscal years 2003, 2004, and 2005; except that the 
        State may not use more than 5 percent of the basic 
        amount the State receives under the grant under 
        subsection (a) for enforcement activities relating to 
        noncommercial motor vehicles described in this 
        paragraph unless the Secretary determines a higher 
        percentage will result in significant increases in 
        commercial motor vehicle safety.
  [(d) Continuous Evaluation of Plans.--On the basis of reports 
submitted by a State motor vehicle safety agency of a State 
with a plan approved under this section and the Secretary's own 
investigations, the Secretary shall make a continuing 
evaluation of the way the State is carrying out the plan. If 
the Secretary finds, after notice and opportunity for comment, 
the State plan previously approved is not being followed or has 
become inadequate to ensure enforcement of the regulations, 
standards, or orders, the Secretary shall withdraw approval of 
the plan and notify the State. The plan stops being effective 
when the notice is received. A State adversely affected by the 
withdrawal may seek judicial review under chapter 7 of title 5. 
Notwithstanding the withdrawal, the State may retain 
jurisdiction in administrative or judicial proceedings begun 
before the withdrawal if the issues involved are not related 
directly to the reasons for the withdrawal.
  [(e) Annual Report.--The Secretary shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science and 
Transportation of the Senate an annual report that--
          [(1) analyzes commercial motor vehicle safety trends 
        among the States and documents the most effective 
        commercial motor vehicle safety programs implemented 
        with grants under this section; and
          [(2) describes the effect of activities carried out 
        with grants made under this section on commercial motor 
        vehicle safety.]

Sec. 31102. Motor carrier safety assistance program

  (a) General Authority.--The Secretary of Transportation shall 
administer a motor carrier safety assistance program to assist 
States with--
          (1) the development or implementation of programs for 
        improving motor carrier safety; and
          (2) the enforcement of Federal regulations, 
        standards, and orders (and compatible State 
        regulations, standards, and orders) on--
                  (A) commercial motor vehicle safety; and
                  (B) hazardous materials transportation 
                safety.
  (b) State Plans.--
          (1) Procedures.--The Secretary shall prescribe 
        procedures for a State to participate in the program, 
        including procedures under which the State shall submit 
        a plan, in writing, to the Secretary in which the State 
        agrees--
                  (A) to assume responsibility for improving 
                motor carrier safety in the State; and
                  (B) to adopt and enforce Federal regulations, 
                standards, and orders (and compatible State 
                regulations, standards, and orders) on--
                          (i) commercial motor vehicle safety; 
                        and
                          (ii) hazardous materials 
                        transportation safety.
          (2) Contents.--A plan submitted by a State under 
        paragraph (1) shall--
                  (A) provide for implementation of 
                performance-based activities, including 
                deployment of technology, to enhance the 
                efficiency and effectiveness of commercial 
                motor vehicle safety programs;
                  (B) provide for implementation of a border 
                commercial motor vehicle safety program and 
                related enforcement activities if the State 
                shares a land border with another country;
                  (C) designate a State motor vehicle safety 
                agency (in this paragraph referred to as the 
                ``designated State agency'') responsible for 
                administering the plan throughout the State;
                  (D) provide satisfactory assurances that the 
                designated State agency has or will have the 
                legal authority, resources, and qualified 
                personnel necessary to enforce the regulations, 
                standards, and orders;
                  (E) provide satisfactory assurances that the 
                State will devote adequate amounts to the 
                administration of the plan and enforcement of 
                the regulations, standards, and orders;
                  (F) provide a right of entry and inspection 
                to carry out the plan;
                  (G) provide that all reports required under 
                this section be submitted to the designated 
                State agency and that the designated State 
                agency will make the reports available to the 
                Secretary on request;
                  (H) provide that the designated State agency 
                will adopt the reporting requirements and use 
                the forms for recordkeeping, inspections, and 
                investigations the Secretary prescribes;
                  (I) require registrants of commercial motor 
                vehicles to make a declaration of knowledge of 
                applicable safety regulations, standards, and 
                orders of the Government and the State;
                  (J) provide that the State will grant maximum 
                reciprocity for inspections conducted under the 
                North American Inspection Standard through the 
                use of a nationally accepted system that allows 
                ready identification of previously inspected 
                commercial motor vehicles;
                  (K) ensure that activities described in 
                subsection (f)(3)(B), if financed with grants 
                under this section, will not diminish the 
                effectiveness of the development and 
                implementation of commercial motor vehicle 
                safety programs described in subsection (a);
                  (L) ensure that the designated State agency 
                will coordinate the plan, data collection, and 
                information systems with State highway safety 
                programs under title 23;
                  (M) ensure participation in appropriate 
                Federal Motor Carrier Safety Administration 
                information systems and other information 
                systems by all appropriate jurisdictions 
                receiving funding under this section;
                  (N) provide satisfactory assurances that the 
                State is willing and able to exchange 
                information with other States in a timely 
                manner;
                  (O) provide satisfactory assurances that the 
                State will undertake efforts that will 
                emphasize and improve enforcement of State and 
                local traffic safety laws and regulations 
                related to commercial motor vehicle safety;
                  (P) provide satisfactory assurances that the 
                State will promote activities in support of 
                national priorities, including--
                          (i) activities aimed at removing 
                        impaired commercial motor vehicle 
                        drivers from the highways of the United 
                        States--
                                  (I) through adequate 
                                enforcement of regulations on 
                                the use of alcohol and 
                                controlled substances; and
                                  (II) by ensuring ready 
                                roadside access to alcohol 
                                detection and measuring 
                                equipment;
                          (ii) activities aimed at providing an 
                        appropriate level of training to State 
                        motor carrier safety assistance program 
                        officers and employees on recognizing 
                        drivers impaired by alcohol or 
                        controlled substances; and
                          (iii) interdiction activities 
                        affecting the transportation of 
                        controlled substances by commercial 
                        motor vehicle drivers and training on 
                        appropriate strategies for carrying out 
                        those interdiction activities;
                  (Q) provide satisfactory assurances that the 
                State has established a program to ensure 
                that--
                          (i) accurate, complete, and timely 
                        motor carrier safety data is collected 
                        and reported to the Secretary; and
                          (ii) the State will participate in a 
                        national motor carrier safety data 
                        correction system prescribed by the 
                        Secretary;
                  (R) ensure that the State will cooperate in 
                the enforcement of financial responsibility 
                requirements under sections 13906, 31138, and 
                31139 and regulations issued thereunder;
                  (S) ensure consistent, effective, and 
                reasonable sanctions;
                  (T) ensure that roadside inspections will be 
                conducted at a location that is adequate to 
                protect the safety of drivers and enforcement 
                personnel;
                  (U) provide satisfactory assurances that the 
                State will include, in the training manual for 
                the licensing examination to drive a 
                noncommercial motor vehicle and a commercial 
                motor vehicle, information on best practices 
                for driving safely in the vicinity of 
                noncommercial and commercial motor vehicles;
                  (V) provide satisfactory assurances that the 
                State will enforce the registration 
                requirements of sections 13902 and 31134 by 
                prohibiting the operation of any vehicle 
                discovered to be operated by a motor carrier--
                          (i) without a registration issued 
                        under such sections; or
                          (ii) beyond the scope of such 
                        registration;
                  (W) provide satisfactory assurances that the 
                State will conduct comprehensive and highly 
                visible traffic enforcement and commercial 
                motor vehicle safety inspection programs in 
                high-risk locations and corridors; and
                  (X) provide for implementation of activities 
                to monitor the safety performance of motor 
                carriers of passengers, including inspections 
                of commercial motor vehicles designed or used 
                to transport passengers; except that roadside 
                inspections must be conducted at a station, 
                terminal, border crossing, maintenance 
                facility, destination, or other location where 
                a motor carrier may make a planned stop, except 
                in the case of an imminent or obvious safety 
                hazard.
          (3) Maintenance of effort.--
                  (A) In general.--A plan submitted by a State 
                under this subsection shall provide that the 
                total expenditure of amounts of the State and 
                political subdivisions of the State (not 
                including amounts of the United States) for 
                commercial motor vehicle safety programs and 
                for enforcement of commercial motor vehicle 
                size and weight limitations, drug interdiction, 
                and State traffic safety laws and regulations 
                under subsection (f) will be maintained at a 
                level at least equal to the average level of 
                that expenditure for the 3 most recent fiscal 
                years ending before the date of enactment of 
                the Motor Carrier Safety, Efficiency, and 
                Accountability Act of 2012.
                  (B) Calculating state expenditures.--In 
                calculating the average level of State 
                expenditure, the Secretary--
                          (i) may allow the State to exclude 
                        State expenditures for Government-
                        sponsored demonstration or pilot 
                        programs; and
                          (ii) shall require the State to 
                        exclude Government amounts.
  (c) Guidance and Standards.--
          (1) In general.--Not later than October 1, 2013, the 
        Secretary shall--
                  (A) develop guidance on the effectiveness of 
                specific enforcement and related activities in 
                generating reductions in fatalities and crashes 
                involving commercial motor vehicles; and
                  (B) publish standards for data timeliness, 
                accuracy, and completeness that will allow 
                States to meet the objectives of this section 
                and that are consistent with the standards 
                issued under section 31106(a)(4).
          (2) Optimization of allocations.--The Secretary shall 
        develop a tool for States to optimize allocations of 
        motor carrier safety resources to carry out enforcement 
        and related activities to meet the objectives of this 
        section.
          (3) Updates of guidance.--The Secretary shall update 
        the guidance issued under paragraph (1)(A) periodically 
        to reflect new information.
  (d) Performance Measures.--
          (1) State targets.--For fiscal year 2014, and each 
        fiscal year thereafter, each State, in the plan 
        submitted by that State under subsection (b), shall--
                  (A) establish targets, in quantifiable 
                metrics, for enforcement activities, data 
                quality, and other benchmarks to reduce 
                fatalities and crashes involving commercial 
                motor vehicles;
                  (B) select target activities in accordance 
                with the Secretary's latest guidance to ensure 
                States pursue activities likely to generate 
                maximum fatality and crash reduction; and
                  (C) meet the standards for data published by 
                the Secretary under subsection (c)(1)(B).
          (2) Annual updates of state plans.--A State shall--
                  (A) update its plan under subsection (b) 
                annually to establish targets for the following 
                fiscal year; and
                  (B) submit the updated plan to the Secretary.
          (3) Requirements for targets.--If a State receives an 
        increase in grant funds under this section in a fiscal 
        year as compared to the previous fiscal year, the 
        targets established by the State under paragraph (1) 
        for the fiscal year shall exceed the levels achieved by 
        the State in the previous fiscal year.
          (4) State reports.--
                  (A) Information on fatalities and crashes 
                involving commercial motor vehicles.--Under the 
                motor carrier safety assistance program, a 
                State shall report to the Secretary the number 
                and rate of fatalities and crashes involving 
                commercial motor vehicles occurring in the 
                State in the previous fiscal year.
                  (B) Other information.--A State shall include 
                in the report required under subparagraph (A) 
                information on commercial motor vehicles 
                registered in the State and involved in crashes 
                in such fiscal year and any other information 
                requested by the Secretary.
          (5) Assessments.--As part of the annual plan approval 
        process under subsection (e), the Secretary shall 
        assess whether--
                  (A) a State met its targets in the previous 
                fiscal year; and
                  (B) targeted activities are reducing 
                fatalities and crashes involving commercial 
                motor vehicles.
  (e) Plan Review.--
          (1) Approval process.--Before distributing grant 
        funds under subsection (f) in a fiscal year, the 
        Secretary shall--
                  (A) review each State plan submitted to the 
                Secretary under subsection (b), as updated by 
                the State under subsection (d); and
                  (B)(i) approve the plan if the Secretary 
                determines that the plan is adequate to promote 
                the objectives of this section; or
                  (ii) disapprove the plan.
          (2) Resubmittal.--If the Secretary disapproves a plan 
        under this subsection, the Secretary shall--
                  (A) give the State a written explanation; and
                  (B) allow the State to modify and resubmit 
                the plan for approval.
          (3) Continuous evaluation of plans.--
                  (A) In general.--On the basis of reports 
                submitted by the motor vehicle safety agency of 
                a State with a plan approved under this 
                subsection and the Secretary's own 
                investigations, the Secretary shall make a 
                continuing evaluation of the way the State is 
                carrying out the plan.
                  (B) Withdrawal of approval.--
                          (i) In general.--If the Secretary 
                        finds, after notice and opportunity for 
                        comment, a State plan previously 
                        approved under this subsection is not 
                        being followed or has become inadequate 
                        to ensure enforcement of the 
                        regulations, standards, or orders, the 
                        Secretary shall withdraw approval of 
                        the plan and notify the State.
                          (ii) Effective date.--The plan shall 
                        not be effective beginning on the date 
                        the notice is received.
                          (iii) Judicial review.--A State 
                        adversely affected by a withdrawal 
                        under this subparagraph may seek 
                        judicial review under chapter 7 of 
                        title 5.
                  (C) Administrative and judicial 
                proceedings.--Notwithstanding a withdrawal of 
                approval of a State plan under this paragraph, 
                the State may retain jurisdiction in 
                administrative or judicial proceedings begun 
                before the date of the withdrawal if the issues 
                involved are not related directly to the 
                reasons for the withdrawal.
  (f) Grants to States.--
          (1) In general.--Subject to the availability of 
        funds, the Secretary shall make grants to States for 
        the development or implementation of programs under 
        this section in accordance with paragraph (3).
          (2) Eligibility.--
                  (A) In general.--A State shall be eligible 
                for a grant under this subsection in a fiscal 
                year in an amount equal to the State's 
                allocated amount determined under section 
                31104(f) if the State has in effect a State 
                plan under subsection (b) that has been 
                approved by the Secretary under subsection (e) 
                for that fiscal year.
                  (B) Withholding of funds.--In the case of a 
                State that does not meet the requirements of 
                subparagraph (A) in a fiscal year, the 
                Secretary may withhold grant funds from a 
                State's allocated amount determined under 
                section 31104(f) for that fiscal year as 
                follows:
                          (i) The Secretary may withhold up to 
                        25 percent of such funds if the State 
                        had a plan approved under subsection 
                        (e) for the fiscal year preceding the 
                        fiscal year of the grant, but has not 
                        had a plan approved under subsection 
                        (e) for the fiscal year of the grant.
                          (ii) The Secretary may withhold up to 
                        50 percent of such funds if the State 
                        had a plan approved under subsection 
                        (e) for the second fiscal year 
                        preceding the fiscal year of the grant, 
                        but has not had a plan approved under 
                        subsection (e) for the fiscal year of 
                        the grant and the preceding fiscal 
                        year.
                          (iii) The Secretary may withhold up 
                        to 75 percent of such funds if the 
                        State had a plan approved under 
                        subsection (e) for the third fiscal 
                        year preceding the fiscal year of the 
                        grant, but has not had a plan approved 
                        under subsection (e) for the fiscal 
                        year of the grant and the 2 preceding 
                        fiscal years.
                          (iv) The Secretary may withhold 100 
                        percent of such funds if the State has 
                        not had a plan approved under 
                        subsection (e) for the fiscal year of 
                        the grant and the 3 preceding fiscal 
                        years.
                  (C) Subsequent availability of withheld 
                funds.--The Secretary shall make available to a 
                State the grant funds withheld from the State 
                for a fiscal year under subparagraph (B) if the 
                Secretary approves the State's plan under 
                subsection (e) on or before the last day of 
                that fiscal year.
                  (D) Reallocation of withheld funds.--If the 
                Secretary withholds grant funds from a State 
                for a fiscal year under subparagraph (B), and 
                the State does not have a plan approved under 
                subsection (e) on or before the last day of 
                that fiscal year, such funds shall be released 
                to the Secretary for reallocation among the 
                States under section 31104(f) in the following 
                fiscal year.
          (3) Use of grant funds.--
                  (A) In general.--A State receiving a grant 
                under this subsection shall use the grant funds 
                for activities to further the State's plan 
                under subsection (b).
                  (B) Use of grants to enforce other laws.--
                Subject to subparagraph (C), a State may use 
                grant funds received under this subsection--
                          (i) if carried out in conjunction 
                        with an appropriate inspection of a 
                        commercial motor vehicle to enforce 
                        Federal or State commercial motor 
                        vehicle safety regulations, for--
                                  (I) enforcement of commercial 
                                motor vehicle size and weight 
                                limitations at locations other 
                                than fixed weight facilities, 
                                at specific locations such as 
                                steep grades or mountainous 
                                terrains where the weight of a 
                                commercial motor vehicle can 
                                significantly affect the safe 
                                operation of the vehicle, or at 
                                ports where intermodal shipping 
                                containers enter and leave the 
                                United States; and
                                  (II) detection of the 
                                unlawful presence of a 
                                controlled substance (as 
                                defined under section 102 of 
                                the Comprehensive Drug Abuse 
                                Prevention and Control Act of 
                                1970 (21 U.S.C. 802)) in a 
                                commercial motor vehicle or on 
                                the person of any occupant 
                                (including the operator) of the 
                                vehicle; and
                          (ii) for documented enforcement of 
                        State traffic laws and regulations 
                        designed to promote the safe operation 
                        of commercial motor vehicles, including 
                        documented enforcement of such laws and 
                        regulations relating to noncommercial 
                        motor vehicles when necessary to 
                        promote the safe operation of 
                        commercial motor vehicles.
                  (C) Limitations.--
                          (i) Effect on commercial motor 
                        vehicle safety programs.--A State may 
                        use grant funds received under this 
                        subsection for an activity described in 
                        subparagraph (B) only if the activity 
                        will not diminish the effectiveness of 
                        commercial motor vehicle safety 
                        programs described in subsection (a).
                          (ii) Enforcement activities relating 
                        to noncommercial motor vehicles.--A 
                        State may not use more than 5 percent 
                        of the total amount of grants received 
                        by the State under this subsection in a 
                        fiscal year for enforcement activities 
                        relating to noncommercial motor 
                        vehicles described in subparagraph 
                        (B)(ii) unless the Secretary determines 
                        a higher percentage will result in 
                        significant increases in commercial 
                        motor vehicle safety.
  (g) Annual Report.--The Secretary shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate an annual report that--
          (1) analyzes commercial motor vehicle safety trends 
        among the States and documents the most effective 
        commercial motor vehicle safety programs implemented 
        with grants under this section;
          (2) describes the effect of activities carried out 
        with grants made under this section on commercial motor 
        vehicle safety; and
          (3) documents the number and rate of fatalities and 
        crashes involving commercial motor vehicles by State.

Sec. 31103. United States Government's share of costs

  (a) Commercial Motor Vehicle Safety Programs and 
Enforcement.--The Secretary of Transportation shall reimburse a 
State, from a grant made under this subchapter, an amount that 
is not more than 80 percent of the costs incurred by the State 
in a fiscal year in developing and implementing programs to 
improve commercial motor vehicle safety and enforce commercial 
motor vehicle regulations, standards, or orders adopted under 
this subchapter or subchapter II of this chapter. In 
determining those costs, the Secretary shall include in-kind 
contributions by the State. Amounts of the State and its 
political subdivisions required to be expended under [section 
31102(b)(1)(E) of this title] section 31102(b)(3) may not be 
included as part of the share not provided by the United States 
Government. Amounts generated under the unified carrier 
registration agreement under section 14504a and received by a 
State and used for motor carrier safety purposes may be 
included as part of the State's share not provided by the 
United States. The Secretary may allocate among the States 
whose applications for grants have been approved those amounts 
appropriated for grants to support those programs, under 
criteria that may be established.
  [(b) Other Activities.--The Secretary may reimburse State 
agencies, local governments, or other persons up to 100 percent 
for public education activities authorized by section 
31104(f)(2).]
  (b) New Entrant Motor Carrier Safety Reviews.--
          (1) Increase in share of costs.--Subject to paragraph 
        (2), the Secretary may reimburse a State an amount that 
        is up to 100 percent of the costs incurred by the State 
        in a fiscal year for new entrant motor carrier safety 
        reviews conducted under section 31144(g).
          (2) Limitation.--The increased Federal share provided 
        under paragraph (1) shall apply with respect to 
        reimbursements of costs described in paragraph (1) made 
        using not more than 20 percent of the funds allocated 
        to a State under section 31104(f) for a fiscal year. 
        Any such reimbursements made using an amount in excess 
        of 20 percent of such funds shall be subject to the 
        cost-sharing requirements of subsection (a).

Sec. 31104. Availability of amounts

  [(a) In General.--Subject to subsection (f), there are 
authorized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account) to carry out section 
31102--
          [(1) $188,480,000 for fiscal year 2005;
          [(2) $188,000,000 for fiscal year 2006;
          [(3) $197,000,000 for fiscal year 2007;
          [(4) $202,000,000 for fiscal year 2008;
          [(5) $209,000,000 for fiscal year 2009;
          [(6) $209,000,000 for fiscal year 2010;
          [(7) $209,000,000 for fiscal year 2011; and
          [(8) $212,000,000 for fiscal year 2012.]
  (a) In General.--Subject to subsection (f), there is 
authorized to be appropriated from the Highway Trust Fund 
(other than the Alternative Transportation Account) to carry 
out section 31102 $247,000,000 for each of fiscal years 2013 
through 2016.

           *       *       *       *       *       *       *

  [(e) Deduction for Administrative Expenses.--On October 1 of 
each fiscal year or as soon after that date as practicable, the 
Secretary may deduct, from amounts made available under 
subsection (a) of this section for that fiscal year, not more 
than 1.25 percent of those amounts for administrative expenses 
incurred in carrying out section 31102 of this title in that 
fiscal year. The Secretary shall use at least 75 percent of 
those deducted amounts to train non-Government employees and to 
develop related training materials in carrying out section 
31102.
  [(f) Allocation Criteria and Eligibility.--On October 1 of 
each fiscal year or as soon after that date as practicable and 
after making the deduction under subsection (e), the Secretary 
shall allocate amounts made available to carry out section 
31102 for such fiscal year among the States with plans approved 
under section 31102. Such allocation shall be made under such 
criteria as the Secretary prescribes by regulation.]
  (e) Deduction for Administrative Expenses.--
          (1) In general.--On October 1 of each fiscal year (or 
        as soon after that date as practicable), the Secretary 
        may deduct, from amounts made available under 
        subsection (a) for that fiscal year, not more than 1.25 
        percent of those amounts for administrative expenses 
        incurred in carrying out section 31102 in that fiscal 
        year.
          (2) Training.--The Secretary shall use at least 75 
        percent of the amounts deducted under paragraph (1) to 
        train non-Government employees and to develop related 
        training materials in carrying out section 31102.
  (f) Allocation Criteria.--
          (1) In general.--On October 1 of each fiscal year (or 
        as soon after that date as practicable) and after 
        making the deduction under subsection (e), the 
        Secretary shall allocate amounts made available to 
        carry out section 31102 for such fiscal year among the 
        States that are eligible for grant funds under section 
        31102(f)(2).
          (2) Allocation formula.--The amounts made available 
        to carry out section 31102 shall be allocated among the 
        States in the following manner:
                  (A) 20 percent in the ratio that--
                          (i) the total public road mileage in 
                        each State; bears to
                          (ii) the total public road mileage in 
                        all States.
                  (B) 20 percent in the ratio that--
                          (i) the total vehicle miles traveled 
                        in each State; bears to
                          (ii) the total vehicle miles traveled 
                        in all States.
                  (C) 20 percent in the ratio that--
                          (i) the total population of each 
                        State (as shown in the annual census 
                        estimates issued by the Bureau of the 
                        Census); bears to
                          (ii) the total population of all 
                        States (as shown in the annual census 
                        estimates issued by the Bureau of the 
                        Census).
                  (D) 20 percent in the ratio that--
                          (i) the total special fuel 
                        consumption (net after reciprocity 
                        adjustment) in each State (as 
                        determined by the Secretary); bears to
                          (ii) the total special fuel 
                        consumption (net after reciprocity 
                        adjustment) in all States (as 
                        determined by the Secretary).
                  (E) 10 percent only to those States that 
                share a land border with another country and 
                conduct border commercial motor vehicle safety 
                programs and related activities (in this 
                subparagraph referred to as a ``border 
                State''), with--
                          (i) 70 percent of such amount to be 
                        allocated among border States in the 
                        ratio that--
                                  (I) the total number of 
                                international commercial motor 
                                vehicle inspections conducted 
                                within the boundaries of each 
                                border State (as determined by 
                                the Secretary); bears to
                                  (II) the total number of 
                                international commercial motor 
                                vehicle inspections conducted 
                                within the boundaries of all 
                                border States (as determined by 
                                the Secretary); and
                          (ii) 30 percent of such amount to be 
                        allocated among border States in the 
                        ratio that--
                                  (I) the total number of land 
                                border crossing locations with 
                                State-maintained commercial 
                                motor vehicle safety 
                                enforcement infrastructure 
                                within the boundaries of each 
                                border State (as determined by 
                                the Secretary); bears to
                                  (II) the total number of land 
                                border crossing locations with 
                                State-maintained commercial 
                                motor vehicle safety 
                                enforcement infrastructure 
                                within the boundaries of all 
                                border States (as determined by 
                                the Secretary).
                  (F) 10 percent only to those States that 
                reduce the rate of large truck-involved fatal 
                accidents in the State for the most recent 
                calendar year for which data are available when 
                compared to the average rate of large truck-
                involved fatal accidents in the State for the 
                10-year period ending on the last day preceding 
                that calendar year (in this subparagraph 
                referred to as an ``eligible State''), with--
                          (i) 25 percent of such amount to be 
                        allocated among eligible States in the 
                        ratio that--
                                  (I) the total public road 
                                mileage in each eligible State; 
                                bears to
                                  (II) the total public road 
                                mileage in all eligible States;
                          (ii) 25 percent of such amount to be 
                        allocated among eligible States in the 
                        ratio that--
                                  (I) the total vehicle miles 
                                traveled in each eligible 
                                State; bears to
                                  (II) the total vehicle miles 
                                traveled in all eligible 
                                States;
                          (iii) 25 percent of such amount to be 
                        allocated among eligible States in the 
                        ratio that--
                                  (I) the total population of 
                                each eligible State (as shown 
                                in the annual census estimates 
                                issued by the Bureau of the 
                                Census); bears to
                                  (II) the total population of 
                                all eligible States (as shown 
                                in the annual census estimates 
                                issued by the Bureau of the 
                                Census); and
                          (iv) 25 percent of such amount to be 
                        allocated among eligible States in the 
                        ratio that--
                                  (I) the total special fuel 
                                consumption (net after 
                                reciprocity adjustment) in each 
                                eligible State (as determined 
                                by the Secretary); bears to
                                  (II) the total special fuel 
                                consumption (net after 
                                reciprocity adjustment) in all 
                                eligible States (as determined 
                                by the Secretary).
          (3) Maximum and minimum allocations.--
                  (A) Maximum allocation.--The allocation under 
                subparagraphs (A) through (D) of paragraph (2) 
                for a fiscal year to each State (excluding the 
                Virgin Islands, American Samoa, Guam, and the 
                Northern Mariana Islands) shall be not greater 
                than 4.944 percent of the total allocation 
                under those subparagraphs in that fiscal year.
                  (B) Minimum allocation.--The allocation under 
                paragraph (2) for a fiscal year to each State 
                (excluding the Virgin Islands, American Samoa, 
                Guam, and the Northern Mariana Islands) shall 
                be not less than 0.44 percent of the total 
                allocation under that paragraph in that fiscal 
                year.
                  (C) Allocation to territories.--The annual 
                allocation to each of the Virgin Islands, 
                American Samoa, Guam, and the Northern Mariana 
                Islands shall be $350,000.

           *       *       *       *       *       *       *

  (i) Administrative Expenses.--
          [(1) Authorization of appropriations.--There are 
        authorized to be appropriated from the Highway Trust 
        Fund (other than the Mass Transit Account) for the 
        Secretary of Transportation to pay administrative 
        expenses of the Federal Motor Carrier Safety 
        Administration--
                  [(A) $254,849,000 for fiscal year 2005;
                  [(B) $213,000,000 for fiscal year 2006;
                  [(C) $223,000,000 for fiscal year 2007;
                  [(D) $228,000,000 for fiscal year 2008;
                  [(E) $234,000,000 for fiscal year 2009;
                  [(F) $239,828,000 for fiscal year 2010;
                  [(G) $244,144,000 for fiscal year 2011; and
                  [(H) $244,144,000 for fiscal year 2012.]
          (1) Authorization of appropriations.--There is 
        authorized to be appropriated from the Highway Trust 
        Fund (other than the Alternative Transportation 
        Account) for the Secretary of Transportation to pay 
        administrative expenses of the Federal Motor Carrier 
        Safety Administration $244,144,000 for each of fiscal 
        years 2013 through 2016.

           *       *       *       *       *       *       *

          (3) Outreach and education.--
                  (A) In general.--Using the funds authorized 
                by this subsection, the Secretary shall conduct 
                an outreach and education program to be 
                administered by the Administrator of the 
                Federal Motor Carrier Safety Administration in 
                cooperation with the Administrator of the 
                National Highway Traffic Safety Administration.
                  (B) Program elements.--The program shall 
                include, at a minimum, the following:
                          (i) A program to promote a more 
                        comprehensive and national effort to 
                        educate commercial motor vehicle 
                        operators and passenger vehicle drivers 
                        about how such operators and drivers 
                        can more safely share the road with 
                        each other.
                          (ii) A program to promote enhanced 
                        traffic enforcement efforts aimed at 
                        reducing the incidence of the most 
                        common unsafe driving behaviors that 
                        cause or contribute to crashes 
                        involving commercial motor vehicles and 
                        passenger vehicles.
                          (iii) A program to establish a 
                        public-private partnership to provide 
                        resources and expertise for the 
                        development and dissemination of 
                        information relating to sharing the 
                        road referred to in clauses (i) and 
                        (ii) to each partner's constituents and 
                        to the general public through the use 
                        of brochures, videos, paid and public 
                        advertisements, the Internet, and other 
                        media.

           *       *       *       *       *       *       *

  [(k) High-Priority Activities.--
          [(1) Criteria.--The Secretary shall establish safety 
        performance criteria to be used to distribute high 
        priority program funds under this subsection.
          [(2) Set aside.--The Secretary may set aside from 
        amounts made available by subsection (a) up to 
        $15,000,000 for each of fiscal years 2006 through 2012 
        for States, local governments, and organizations 
        representing government agencies or officials described 
        in paragraph (3) for carrying out high priority 
        activities and projects that improve commercial motor 
        vehicle safety and compliance with commercial motor 
        vehicle safety regulations (including activities and 
        projects that are national in scope), increase public 
        awareness and education, demonstrate new technologies, 
        and reduce the number and rate of accidents involving 
        commercial motor vehicles.
          [(3) Description of recipients.--Amounts set aside 
        under this subsection shall be allocated by the 
        Secretary only to State agencies, local governments, 
        and organizations representing government agencies or 
        officials that use and train qualified officers and 
        employees in coordination with State motor vehicle 
        safety agencies.
          [(4) Limitation.--At least 90 percent of the amounts 
        set aside for a fiscal year under this subsection shall 
        be awarded in grants to State agencies and local 
        government agencies.]

           *       *       *       *       *       *       *

Sec. 31106. Information systems

  (a) Information Systems and Data Analysis.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Data analysis capacity and programs.--The 
        Secretary shall develop and maintain under this section 
        data analysis capacity and programs that provide the 
        means to--
                  (A) * * *

           *       *       *       *       *       *       *

                  (F) ensure, to the maximum extent practical, 
                all the data is complete, timely, and accurate 
                across all information systems and initiatives; 
                [and]
                  (G) establish and implement a national motor 
                carrier safety data correction system[.]; and
                  (H) determine whether a motor carrier is or 
                has been related, through common stock, common 
                ownership, common control, common management, 
                or common familial relationship to any other 
                motor carrier.

           *       *       *       *       *       *       *

  [(b) Performance and Registration Information Program.--
          [(1) Information clearinghouse.--The Secretary]
  (b) Information Clearinghouse.--The Secretary shall include, 
as part of the motor carrier information system authorized by 
this section, a program to establish and maintain a 
clearinghouse and repository of information related to State 
registration and licensing of commercial motor vehicles, the 
registrants of such vehicles, and the motor carriers operating 
such vehicles. The clearinghouse and repository may include 
information on the safety fitness of each of the motor carriers 
and registrants and other information the Secretary considers 
appropriate, including information on motor carrier, commercial 
motor vehicle, and driver safety performance.
          [(2) Design.--The program shall link Federal motor 
        carrier safety information systems with State 
        commercial vehicle registration and licensing systems 
        and shall be designed to enable a State to--
                  [(A) determine the safety fitness of a motor 
                carrier or registrant when licensing or 
                registering the registrant or motor carrier or 
                while the license or registration is in effect; 
                and
                  [(B) deny, suspend, or revoke the commercial 
                motor vehicle registrations of a motor carrier 
                or registrant that has been issued an 
                operations out-of-service order by the 
                Secretary.
          [(3) Conditions for participation.--The Secretary 
        shall require States, as a condition of participation 
        in the program, to--
                  [(A) comply with the uniform policies, 
                procedures, and technical and operational 
                standards prescribed by the Secretary under 
                subsection (a)(4);
                  [(B) possess or seek the authority to possess 
                for a time period no longer than determined 
                reasonable by the Secretary, to impose 
                sanctions relating to commercial motor vehicle 
                registration on the basis of a Federal safety 
                fitness determination; and
                  [(C) establish and implement a process to 
                cancel the motor vehicle registration and seize 
                the registration plates of a vehicle when an 
                employer is found liable under section 
                31310(i)(2)(C) for knowingly allowing or 
                requiring an employee to operate such a 
                commercial motor vehicle in violation of an 
                out-of-service order.
          [(4) Grants.--From the funds authorized by section 
        31104(i), the Secretary may make a grant in a fiscal 
        year to a State to implement the performance and 
        registration information system management requirements 
        of this subsection.]

           *       *       *       *       *       *       *

[Sec. 31107. Border enforcement grants

  [(a) General Authority.--The Secretary of Transportation may 
make a grant in a fiscal year to an entity or State that shares 
a land border with another country for carrying out border 
commercial motor vehicle safety programs and related 
enforcement activities and projects.
  [(b) Maintenance of Expenditures.--The Secretary may make a 
grant to a State under this section only if the State agrees 
that the total expenditure of amounts of the State and 
political subdivisions of the State, exclusive of amounts from 
the United States, for carrying out border commercial motor 
vehicle safety programs and related enforcement activities and 
projects will be maintained at a level at least equal to the 
average level of that expenditure by the State and political 
subdivisions of the State for the last 2 fiscal years of the 
State or the Federal Government ending before October 1, 2005, 
whichever the State designates.
  [(c) Governments Share of Costs.--The Secretary shall 
reimburse a State under a grant made under this section an 
amount that is not more than 100 percent of the costs incurred 
by the State in a fiscal year for carrying out border 
commercial motor vehicle safety programs and related 
enforcement activities and projects.
  [(d) Availability and Reallocation of Amounts.--Allocations 
to a State remain available for expenditure in the State for 
the fiscal year in which they are allocated and for the next 
fiscal year. Amounts not expended by a State during those 2 
fiscal years are available to the Secretary for reallocation 
under this section.]

           *       *       *       *       *       *       *

[Sec. 31109. Performance and registration information system management

  [The Secretary of Transportation may make a grant to a State 
to implement the performance and registration information 
system management requirements of section 31106(b).]

Sec. 31109. Performance and registration information systems management 
                    program

  (a) In General.--The Secretary shall carry out a performance 
and registration information systems management program to link 
Federal motor carrier safety information systems with State 
commercial vehicle registration and licensing systems as part 
of the motor carrier information system established under 
section 31106.
  (b) Design.--The program shall enable a State to--
          (1) determine the safety fitness of a motor carrier 
        or registrant--
                  (A) when licensing or registering the motor 
                carrier or registrant; or
                  (B) while the license or registration is in 
                effect; and
          (2) deny, suspend, or revoke the commercial motor 
        vehicle registration of a motor carrier or registrant 
        to whom the Secretary has issued an operations out-of-
        service order.
  (c) Program Participation.--Not later than September 30, 
2015, the Secretary shall require a State to participate in the 
program by--
          (1) complying with the uniform policies, procedures, 
        and technical and operational standards prescribed by 
        the Secretary under section 31106(a)(4);
          (2) having in effect a law providing the State with 
        the authority to impose the sanctions described in 
        paragraph (3)(A) on the basis of an out-of-service 
        order issued by the Secretary; and
          (3) establishing and implementing a process, approved 
        by the Secretary, to--
                  (A) deny, suspend, or revoke the vehicle 
                registration or seize the registration plates 
                of a commercial motor vehicle registered to a 
                motor carrier to whom the Secretary has issued 
                an out-of-service order; and
                  (B) reinstate the vehicle registration or 
                return the registration plates of the 
                commercial motor vehicle subject to sanctions 
                under subparagraph (A) if the Secretary permits 
                such carrier to resume operations after the 
                date of issuance of such order.
  (d) Funding.--A State may use grant funds made available to 
the State under section 4126 of SAFETEA-LU (119 Stat. 1738) for 
each of fiscal years 2013 through 2016 to meet the requirements 
of this section for participation in the program under 
subsection (c).

              SUBCHAPTER II--LENGTH AND WIDTH LIMITATIONS

Sec. 31111. Length limitations

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) * * *

           *       *       *       *       *       *       *

          (5) Trailer transporter towing unit.--The term 
        ``trailer transporter towing unit'' means a power unit 
        that is not used to carry property when operating in a 
        towaway trailer transporter combination.
          (6) Towaway trailer transporter combination.--The 
        term ``towaway trailer transporter combination'' means 
        a combination of vehicles consisting of a trailer 
        transporter towing unit and 2 trailers or 
        semitrailers--
                  (A) with a total weight that does not exceed 
                26,000 pounds; and
                  (B) in which the trailers or semitrailers 
                carry no property and constitute inventory 
                property of a manufacturer, distributor, or 
                dealer of such trailers or semitrailers.
  (b) General Limitations.--(1) Except as provided in this 
section, a State may not prescribe or enforce a regulation of 
commerce that--
          [(A) imposes a vehicle length limitation of less than 
        45 feet on a bus, of less than 48 feet on a semitrailer 
        operating in a truck tractor-semitrailer combination, 
        or of less than 28 feet on a semitrailer or trailer 
        operating in a truck tractor-semitrailer-trailer 
        combination, on any segment of the Dwight D. Eisenhower 
        System of Interstate and Defense Highways (except a 
        segment exempted under subsection (f) of this section) 
        and those classes of qualifying Federal-aid Primary 
        System highways designated by the Secretary of 
        Transportation under subsection (e) of this section;]
          (A) imposes a vehicle length limitation, on any 
        segment of the Dwight D. Eisenhower System of 
        Interstate and Defense Highways (except a segment 
        exempted under subsection (f)) and those classes of 
        qualifying Federal-aid primary system highways 
        designated by the Secretary of Transportation under 
        subsection (e), of--
                  (i) less than 45 feet on a bus;
                  (ii) less than 53 feet on a semitrailer 
                operating in a truck tractor-semitrailer 
                combination; or
                  (iii) notwithstanding section 31112, less 
                than 33 feet on a semitrailer or trailer 
                operating in a truck tractor-semitrailer-
                trailer combination;

           *       *       *       *       *       *       *

          (E) has the effect of prohibiting the use of an 
        existing semitrailer or trailer, of not more than 28.5 
        feet in length, in a truck tractor-semitrailer-trailer 
        combination if the semitrailer or trailer was operating 
        lawfully on December 1, 1982, within a 65-foot overall 
        length limit in any State[; or];
          (F) imposes a limitation of less than 46 feet on the 
        distance from the kingpin to the center of the rear 
        axle on trailers used exclusively or primarily in 
        connection with motorsports competition events[.];
          (G) imposes a vehicle length limitation of less than 
        80 feet on a stinger steered automobile transporter 
        with a rear overhand of less than 6 feet;
          (H) has the effect of imposing an overall length 
        limitation of less than 82 feet on a towaway trailer 
        transporter combination;
          (I) imposes a limitation of less than 46 feet on the 
        distance from the kingpin to the center of the rear 
        axle on a trailer used exclusively or primarily for the 
        transport of livestock; or
          (J) has the effect of prohibiting the use of a device 
        designed by a bus manufacturer to affix to the rear of 
        an intercity bus purchased after October 1, 2012, for 
        use in carrying passenger baggage, if the device does 
        not result in the bus exceeding 47 feet in total 
        length.

           *       *       *       *       *       *       *

Sec. 31114. Access to the Interstate System

  (a) Prohibition on Denying Access.--A State may not enact or 
enforce a law denying to a commercial motor vehicle subject to 
this subchapter or subchapter I of this chapter reasonable 
access between--
          (1) * * *
          (2) terminals, facilities for food, fuel, repairs, 
        and rest, and points of loading and unloading for 
        household goods carriers, motor carriers of passengers, 
        a towaway trailer transporter combination as defined in 
        section 31111(a), or any truck tractor-semitrailer 
        combination in which the semitrailer has a length of 
        not more than 28.5 feet and that generally operates as 
        part of a vehicle combination described in section 
        31111(c) of this title.

           *       *       *       *       *       *       *

SUBCHAPTER III--SAFETY REGULATION

           *       *       *       *       *       *       *

Sec. 31134. Requirement for registration and Department of 
                    Transportation number

  (a) In General.--An employer or an employee of the employer 
may operate a commercial motor vehicle in interstate commerce 
only if the Secretary of Transportation registers the employer 
under this section and issues the employer a Department of 
Transportation number.
  (b) Registration.--Upon application for registration and a 
Department of Transportation number under this section, the 
Secretary shall register the employer if the Secretary 
determines that--
          (1) the employer is willing and able to comply with 
        the requirements of this subchapter and chapter 51 if 
        applicable; and
          (2)(A) during the 3-year period before the date of 
        the filing of the application, the employer was not 
        related through common stock, common ownership, common 
        control, common management, or common familial 
        relationship to any other person subject to safety 
        regulations under this subchapter who, during such 3-
        year period, was unwilling or unable to comply with the 
        requirements of this subchapter or chapter 51 if 
        applicable; or
          (B) the employer has disclosed to the Secretary any 
        relationship involving common stock, common ownership, 
        common control, common management, or common familial 
        relationship between that person and any other motor 
        carrier.
  (c) Revocation or Suspension.--The Secretary shall revoke or 
suspend the registration of an employer issued under subsection 
(b) if the Secretary determines that--
          (1) the authority of the employer to operate as a 
        motor carrier, freight forwarder, or broker pursuant to 
        chapter 139 is revoked or suspended under section 
        13905(d)(1) or 13905(f); or
          (2) the employer has willfully failed to comply with 
        the requirements for registration set forth in 
        subsection (b).
  (d) Commercial Registration.--An employer registered under 
this section may not provide transportation subject to 
jurisdiction under subchapter I of chapter 135 unless the 
employer is also registered under section 13902 to provide such 
transportation.
  (e) State Authority.--Nothing in this section shall be 
construed as affecting the authority of a State to issue a 
Department of Transportation number under State law to a person 
operating in intrastate commerce.

Sec. 31135. Duties of employers and employees

  (a) * * *

           *       *       *       *       *       *       *

  (d) Avoiding Compliance.--
          (1) In general.--Two or more employers shall not use 
        common ownership, common management, common control, or 
        common familial relationship to enable any or all such 
        employers to avoid compliance, or mask or otherwise 
        conceal noncompliance, or a history of noncompliance, 
        with commercial motor vehicle safety regulations issued 
        under this subchapter or an order of the Secretary 
        issued under this subchapter or such regulations.
          (2) Penalty.--If the Secretary determines that 
        actions described in the preceding sentence have 
        occurred, the Secretary shall--
                  (A) deny, suspend, amend, or revoke all or 
                part of any such employer's registration under 
                sections 13905 and 31134; and
                  (B) take into account such noncompliance for 
                purposes of determining civil penalty amounts 
                under section 521(b)(2)(D).
  [(d)] (e) Definitions.--In this section, the following 
definitions apply:
          (1) * * *

           *       *       *       *       *       *       *

Sec. 31138. Minimum financial responsibility for transporting 
                    passengers

  (a) * * *

           *       *       *       *       *       *       *

  (e) Nonapplication.--This section does not apply to a motor 
vehicle--
          (1) * * *

           *       *       *       *       *       *       *

          (4) providing transportation service within a transit 
        service area under an agreement with a Federal, State, 
        or local government funded, in whole or in part, with a 
        grant under [section 5307, 5310, or 5311] section 5307, 
        5311, or 5317, including transportation designed and 
        carried out to meet the special needs of elderly 
        individuals and individuals with disabilities; except 
        that, in any case in which the transit service area is 
        located in more than 1 State, the minimum level of 
        financial responsibility for such motor vehicle will be 
        at least the highest level required for any of such 
        States.

           *       *       *       *       *       *       *

Sec. 31142. Inspection of vehicles

  (a) * * *
  [(b) Inspection of Vehicles and Record Retention.--The 
Secretary of Transportation shall prescribe regulations on 
Government standards for inspection of commercial motor 
vehicles and retention by employers of records of an 
inspection. The standards shall provide for annual or more 
frequent inspections of a commercial motor vehicle unless the 
Secretary finds that another inspection system is as effective 
as an annual or more frequent inspection system. Regulations 
prescribed under this subsection are deemed to be regulations 
prescribed under section 31136 of this title.]
  (b) Inspection of Vehicles and Record Retention.--
          (1) Regulations on government standards.--The 
        Secretary of Transportation shall prescribe regulations 
        on Government standards for inspection of commercial 
        motor vehicles and retention by employers of records of 
        such inspections.
          (2) Contents of standards.--The standards shall 
        provide for--
                  (A) annual or more frequent inspections of a 
                commercial motor vehicle designed or used to 
                transport property unless the Secretary finds 
                that another inspection system is as effective 
                as an annual or more frequent inspection 
                system; and
                  (B) annual or more frequent inspections of a 
                commercial motor vehicle designed or used to 
                transport passengers.
          (3) Treatment of regulations.--Regulations prescribed 
        under this subsection shall be treated as regulations 
        prescribed under section 31136.
          (4) Special rules for inspection program.--Any 
        inspection required under paragraph (2)(B) shall be 
        conducted by, or under a program established by, the 
        State in which the vehicle is registered. A roadside 
        inspection conducted by a State or other jurisdiction 
        shall not be considered an inspection for the purposes 
        of meeting the requirements of paragraph (2)(B).

           *       *       *       *       *       *       *

Sec. 31144. Safety fitness of owners and operators

  (a) * * *

           *       *       *       *       *       *       *

  (g) [Safety Reviews of New Operators] New Entrant Motor 
Carrier Safety Reviews.--
          [(1) In general.--The Secretary shall require, by 
        regulation, each owner and each operator granted new 
        operating authority, after the date on which section 
        31148(b) is first implemented, to undergo a safety 
        review within the first 18 months after the owner or 
        operator, as the case may be, begins operations under 
        such authority.]
          (1) Safety review.--The Secretary shall require, by 
        regulation, each owner and operator issued a new 
        registration under section 13902 or 31134 to undergo a 
        safety review under this section--
                  (A) except as provided by subparagraphs (B) 
                and (C), within the first 18 months after the 
                date on which the owner or operator begins 
                operations under such registration;
                  (B) in the case of an owner or operator with 
                authority to transport hazardous materials, 
                within the first 9 months after the date on 
                which the owner or operator begins operations 
                under such registration; and
                  (C) in the case of an owner or operator with 
                authority to transport passengers, within the 
                first 90 days after the date on which the owner 
                or operator begins operations under such 
                registration.

           *       *       *       *       *       *       *

          [(4) New entrant authority.--Notwithstanding any 
        other provision of this title, any new operating 
        authority granted after the date on which section 
        31148(b) is first implemented shall be designated as 
        new entrant authority until the safety review required 
        by paragraph (1) is completed.
          [(5) New entrant audits.--
                  [(A) Grants.--The Secretary may make grants 
                to States and local governments for new entrant 
                motor carrier audits under this subsection 
                without requiring a matching contribution from 
                such States and local governments.
                  [(B) Set aside.--The Secretary shall set 
                aside from amounts made available by section 
                31104(a) up to $29,000,000 per fiscal year for 
                audits of new entrant motor carriers conducted 
                pursuant to this paragraph.
                  [(C) Determination.--If the Secretary 
                determines that a State or local government is 
                not able to use government employees to conduct 
                new entrant motor carrier audits, the Secretary 
                may use the funds set aside under this 
                paragraph to conduct audits for such States or 
                local governments.]
          (4) New entrant registration.--
                  (A) In general.--Notwithstanding any other 
                provision of this title, any new registration 
                issued under section 13902 or 31134 shall each 
                be designated as new entrant registration until 
                the safety review required by paragraph (1) is 
                completed.
                  (B) Requirement for issuance of permanent 
                operating authority.--A new registration issued 
                to an owner or operator under section 13902 or 
                31134 shall become permanent after the owner or 
                operator has passed the safety review required 
                under paragraph (1).
          (5) Funding.--
                  (A) In general.--A State shall carry out the 
                requirements of this section with funds 
                allocated to the State under section 31104(f).
                  (B) Determination.--If the Secretary 
                determines that a State or local government is 
                not able to use government employees to conduct 
                new entrant motor carrier safety reviews with 
                funds allocated to the State under section 
                31104(f), the Secretary may conduct for the 
                State or local government the safety reviews 
                that the State or local government is not able 
                to conduct with such funds.
  (h) Safety Reviews of Owners and Operators of Interstate for-
Hire Commercial Motor Vehicles Designed or Used To Transport 
Passengers.--
          (1) In general.--Not later than September 30, 2015, 
        the Secretary shall determine the safety fitness of 
        each owner, and each operator, of a commercial motor 
        vehicle designed or used to transport passengers who 
        the Secretary registers, on or before September 30, 
        2014 (including before the date of enactment of this 
        subsection), under section 13902 or 31134.
          (2) Safety fitness rating.--As part of the safety 
        fitness determination required by paragraph (1), the 
        Secretary shall assign a safety fitness rating to each 
        owner and each operator described in paragraph (1).
          (3) Periodic monitoring.--
                  (A) Process.--The Secretary shall establish a 
                process, by regulation, for monitoring on a 
                regular basis the safety performance of an 
                owner or operator of a commercial motor vehicle 
                designed or used to transport passengers, 
                following the assignment of a safety rating to 
                such owner or operator.
                  (B) Elements of monitoring and safety 
                enforcement.--Regulations issued under 
                subparagraph (A) shall provide for the 
                following:
                          (i) Monitoring of the safety 
                        performance, in critical safety areas 
                        (as defined by the Secretary, by 
                        regulation) of an owner or operator of 
                        a commercial motor vehicle designed or 
                        used to transport passengers (including 
                        by activities conducted onsite at the 
                        offices of the owner or operator or 
                        offsite).
                          (ii) Increasingly more stringent 
                        interventions designed to correct 
                        unsafe practices of an owner or 
                        operator of a commercial motor vehicle 
                        designed or used to transport 
                        passengers.
                          (iii) Periodic updates to the safety 
                        fitness rating of an owner or operator 
                        if the Secretary determines that such 
                        update will improve the safety 
                        performance of the owner or operator.
                          (iv) Enforcement action, including 
                        determining that the owner or operator 
                        is not fit and may not operate a 
                        commercial motor vehicle under 
                        subsection (c)(2).

           *       *       *       *       *       *       *

Sec. 31149. Medical program

  (a) * * *

           *       *       *       *       *       *       *

  (c) Medical Standards and Requirements.--
          (1) In general.--The Secretary, with the advice of 
        the Medical Review Board and the chief medical 
        examiner, shall--
                  (A) * * *

           *       *       *       *       *       *       *

                  [(D) develop, as appropriate, specific 
                courses and materials for medical examiners 
                listed in the national registry established 
                under this section, and require those medical 
                examiners to, at a minimum, self-certify that 
                they have completed specific training, 
                including refresher courses, to be listed in 
                the registry;]
                  (D) develop requirements applicable to a 
                medical examiner in order for the medical 
                examiner to be listed in the national registry 
                established under this section, including--
                          (i) specific courses and materials 
                        that must be completed;
                          (ii) at a minimum, self-certification 
                        requirements to verify that the medical 
                        examiner has completed specific 
                        training, including refresher courses, 
                        that the Secretary determines are 
                        necessary; and
                          (iii) an examination developed by the 
                        Secretary for which a passing grade 
                        must be achieved.
                  (E) require medical examiners to transmit the 
                name of the applicant and numerical identifier, 
                as determined by the Administrator of the 
                Federal Motor Carrier Safety Administration, 
                for any completed medical examination report 
                required under section 391.43 of title 49, Code 
                of Federal Regulations, electronically to the 
                chief medical examiner on monthly basis; [and]
                  (F) periodically review a representative 
                sample of the medical examination reports 
                associated with the name and numerical 
                identifiers of applicants transmitted under 
                subparagraph (E) for errors, omissions, or 
                other indications of improper certification[.]; 
                and
                  (G) review each year the implementation of 
                commercial driver's license requirements of a 
                minimum of 10 States to assess the accuracy, 
                validity, and timeliness of--
                          (i) submission of physical 
                        examination reports and medical 
                        certificates to State licensing 
                        agencies; and
                          (ii) the processing of such 
                        submissions by State licensing 
                        agencies.

           *       *       *       *       *       *       *

            CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS

Sec.
31301. Definitions.
     * * * * * * *
31306a. National clearinghouse for records relating to alcohol and 
          controlled substances testing.
     * * * * * * *
[31313. Grants for commercial driver's license program improvements.]
31313. Grants for commercial driver's license program implementation.

           *       *       *       *       *       *       *

Sec. 31306. Alcohol and controlled substances testing

  (a) * * *

           *       *       *       *       *       *       *

  (j) Application of Penalties.--An employer, including an 
individual who is self-employed, shall be subject to civil and 
criminal penalties in accordance with section 521(b) for a 
violation of this section. This section does not supersede a 
penalty applicable to an operator of a commercial motor vehicle 
under this chapter or another law.

Sec. 31306a. National clearinghouse for records relating to alcohol and 
                    controlled substances testing

  (a) Establishment.--
          (1) In general.--Subject to the requirements of this 
        section, the Secretary of Transportation shall 
        establish and maintain an information system that will 
        serve as a national clearinghouse for records relating 
        to the alcohol and controlled substances testing 
        program applicable to operators of commercial motor 
        vehicles under section 31306.
          (2) Purposes.--The purposes of the clearinghouse 
        shall be--
                  (A) to improve compliance with the 
                requirements of the testing program; and
                  (B) to help prevent accidents and injuries 
                resulting from the misuse of alcohol or use of 
                controlled substances by operators of 
                commercial motor vehicles.
          (3) Contents.--The clearinghouse shall be a 
        repository of records relating to violations of the 
        testing program by individuals submitted to the 
        Secretary in accordance with this section.
          (4) Electronic exchange of records.--The Secretary 
        shall ensure the ability for records to be submitted to 
        the clearinghouse, and requested from the 
        clearinghouse, on an electronic basis.
          (5) Deadline.--The Secretary shall establish the 
        clearinghouse not later than 1 year after the date of 
        enactment of this section.
  (b) Employment Prohibitions.--
          (1) In general.--An employer may permit an individual 
        to operate a commercial motor vehicle or perform any 
        other safety sensitive function only if the employer 
        makes a request for information from the clearinghouse 
        at such times as the Secretary shall specify, by 
        regulation, and the information in the clearinghouse at 
        the time of the request indicates that the individual--
                  (A) has not violated the requirements of the 
                testing program in the preceding 3-year period; 
                or
                  (B) if the individual has violated the 
                requirements of the testing program during that 
                period, is eligible to return to safety 
                sensitive duties pursuant to the return-to-duty 
                process established under the testing program.
          (2) Violations.--For purposes of paragraph (1), an 
        individual shall be considered to have violated the 
        requirements of the testing program if the individual--
                  (A) has a confirmed or verified, as 
                applicable, positive alcohol or controlled 
                substances test result under the testing 
                program;
                  (B) has failed or refused to submit to an 
                alcohol or controlled substances test under the 
                testing program; or
                  (C) has otherwise failed to comply with the 
                requirements of the testing program.
          (3) Applicability.--Paragraph (1) shall apply to an 
        individual who performs a safety sensitive function for 
        an employer as a full-time regularly employed driver, 
        casual, intermittent, or occasional driver, or leased 
        driver, or independent owner-operator contractor of 
        such employer or, as determined by the Secretary, 
        pursuant to another arrangement.
          (4) Written notice that clearinghouse is 
        operational.--The Secretary shall issue a written 
        notice when the Secretary determines that the 
        clearinghouse is operational and employers are able to 
        use the clearinghouse to meet the requirements of 
        section 382.413 of title 49, Code of Federal 
        Regulations, as in effect on the date of enactment of 
        this section.
          (5) Effective date.--Paragraph (1) shall take effect 
        on a date specified by the Secretary in the written 
        notice issued under paragraph (4) that is not later 
        than 30 days after the date of issuance of the written 
        notice.
          (6) Continued application of existing requirements.--
        Following the date on which paragraph (1) takes effect, 
        an employer shall continue to be subject to the 
        requirements of section 382.413 of title 49, Code of 
        Federal Regulations, as in effect on the date of 
        enactment of this section, for a period of 3 years or 
        for such longer period as the Secretary determines 
        appropriate.
          (7) Notice of requirements applicable to employers.--
        The Secretary shall provide notice of the requirements 
        applicable to employers under this section through 
        published notices in the Federal Register.
  (c) Reporting of Records.--
          (1) In general.--The Secretary shall require 
        employers and appropriate service agents, including 
        medical review officers, to submit to the Secretary for 
        inclusion in the clearinghouse records of violations of 
        the testing program by individuals described in 
        subsection (b)(3).
          (2) Specific reporting requirements.--In carrying out 
        paragraph (1), the Secretary shall require, at a 
        minimum--
                  (A) a medical review officer to report 
                promptly, as determined by the Secretary, to 
                the clearinghouse--
                          (i) a verified positive controlled 
                        substances test result of an individual 
                        under the testing program; and
                          (ii) a failure or refusal of an 
                        individual to submit to a controlled 
                        substances test in accordance with the 
                        requirements of the testing program; 
                        and
                  (B) an employer (or, in the case of an 
                operator of a commercial motor vehicle who is 
                self-employed, the service agent administering 
                the operator's testing program) to report 
                promptly, as determined by the Secretary, to 
                the clearinghouse--
                          (i) a confirmed positive alcohol test 
                        result of an individual under the 
                        testing program; and
                          (ii) a failure or refusal of an 
                        individual to provide a specimen for a 
                        controlled substances test in 
                        accordance with the requirements of the 
                        testing program.
          (3) Updating of records.--The Secretary shall ensure 
        that a record in the clearinghouse is updated to 
        include a return-to-duty test result of an individual 
        under the testing program.
          (4) Inclusion of records in clearinghouse.--The 
        Secretary shall include all records of violations 
        received pursuant to this subsection in the 
        clearinghouse.
          (5) Modifications and deletions.--If the Secretary 
        determines that a record contained in the clearinghouse 
        is not accurate, the Secretary shall modify or delete 
        the record.
          (6) Notification of individuals.--The Secretary shall 
        establish a process to provide notification to an 
        individual of--
                  (A) a submission of a record to the 
                clearinghouse relating to the individual; and
                  (B) any modification or deletion of a record 
                in the clearinghouse pertaining to the 
                individual, including the reason for the 
                modification or deletion.
          (7) Timely and accurate reporting.--The Secretary may 
        establish additional requirements, as appropriate, to 
        ensure timely and accurate reporting of records to the 
        clearinghouse.
          (8) Deletion of records.--The Secretary shall delete 
        a record of a violation submitted to the clearinghouse 
        after a period of 3 years beginning on the date the 
        individual is eligible to return to safety sensitive 
        duties pursuant to the return-to-duty process 
        established under the testing program.
  (d) Access to Clearinghouse by Employers.--
          (1) In general.--The Secretary shall establish a 
        process for an employer to request and receive records 
        in the clearinghouse pertaining to an individual in 
        accordance with subsection (b).
          (2) Written consent of individuals.--An employer 
        shall obtain the written consent of an individual 
        before requesting any records in the clearinghouse 
        pertaining to the individual.
          (3) Access to records.--Upon receipt of a request for 
        records from an employer under paragraph (1), the 
        Secretary shall provide the employer with access to the 
        records as expeditiously as practicable.
          (4) Records of requests.--The Secretary shall require 
        an employer to maintain for a 3-year period--
                  (A) a record of each request made by the 
                employer for records from the clearinghouse; 
                and
                  (B) any information received pursuant to the 
                request.
          (5) Use of records.--
                  (A) In general.--An employer--
                          (i) may obtain from the clearinghouse 
                        a record pertaining to an individual 
                        only for the purpose of determining 
                        whether a prohibition applies with 
                        respect to the individual to operate a 
                        commercial motor vehicle or perform any 
                        other safety sensitive function under 
                        subsection (b)(1); and
                          (ii) may use the record only for such 
                        purpose.
                  (B) Protection of privacy of individuals.--An 
                employer that receives a record from the 
                clearinghouse pertaining to an individual shall 
                protect the privacy of the individual and the 
                confidentiality of the record, including taking 
                reasonable precautions to ensure that 
                information contained in the record is not 
                divulged to any person who is not directly 
                involved in determining whether a prohibition 
                applies with respect to the individual to 
                operate a commercial motor vehicle or perform 
                any other safety sensitive function under 
                subsection (b)(1).
  (e) Access to Clearinghouse by Individuals.--
          (1) In general.--The Secretary shall establish a 
        process for an individual to request and receive 
        information from the clearinghouse--
                  (A) to learn whether a record pertaining to 
                the individual is contained in the 
                clearinghouse;
                  (B) to verify the accuracy of the record;
                  (C) to verify updates to the individual's 
                record, including completion of a return-to-
                duty process under the testing program; and
                  (D) to learn of requests for information from 
                the clearinghouse regarding the individual.
          (2) Dispute procedure.--The Secretary shall establish 
        a procedure, including an appeal process, for an 
        individual to dispute and remedy an administrative 
        error in a record pertaining to the individual in the 
        clearinghouse, except that the appeal process shall not 
        be used to dispute or remedy the validity of a 
        controlled substance or alcohol test result.
          (3) Access to records.--Upon receipt of a request for 
        records from an individual under paragraph (1), the 
        Secretary shall provide the individual with access to 
        the records as expeditiously as practicable.
  (f) Access to Clearinghouse by Chief Commercial Driver 
Licensing Officials.--
          (1) In general.--The Secretary shall establish a 
        process for the chief commercial driver licensing 
        official of a State to request and receive records 
        pertaining to an individual from the clearinghouse.
          (2) Use of information.--The chief commercial driver 
        licensing official of a State may not obtain from the 
        clearinghouse a record pertaining to an individual for 
        any purpose other than to take an action related to a 
        commercial driver's license for the individual under 
        applicable State law or to comply with section 
        31311(a)(22).
  (g) Use of Clearinghouse Information for Enforcement 
Purposes.--The Secretary may use the records in the 
clearinghouse for the purposes of enforcement activities under 
this chapter.
  (h) Design of Clearinghouse.--
          (1) In general.--In establishing the clearinghouse, 
        the Secretary shall develop a secure process for--
                  (A) registration, authorization, and 
                authentication of a user of the clearinghouse;
                  (B) registration, authorization, and 
                authentication of individuals required to 
                report to the clearinghouse under subsection 
                (c);
                  (C) preventing information from the 
                clearinghouse from being accessed by 
                unauthorized users;
                  (D) timely and accurate electronic 
                submissions of data to the clearinghouse under 
                subsection (c);
                  (E) timely and accurate access to records 
                from the clearinghouse under subsections (d), 
                (e), and (f); and
                  (F) updates to an individual's record related 
                to compliance with the return-to-duty process 
                under the testing program.
          (2) Archive capability.--The clearinghouse shall be 
        designed to allow for an archive of the receipt, 
        modification, and deletion of records for the purposes 
        of auditing and evaluating the timeliness, accuracy, 
        and completeness of data in the clearinghouse.
          (3) Security standards.--The clearinghouse shall be 
        designed and administered in compliance with applicable 
        Department of Transportation information technology 
        security standards.
          (4) Interoperability with other systems.--In 
        establishing the clearinghouse and developing 
        requirements for data to be included in the 
        clearinghouse, the Secretary, to the maximum extent 
        practicable, shall take into consideration--
                  (A) existing information systems containing 
                regulatory and safety data for motor vehicle 
                operators;
                  (B) the efficacy of using or combining 
                clearinghouse data with 1 or more of such 
                systems; and
                  (C) the potential interoperability of the 
                clearinghouse with existing and future 
                information systems containing regulatory and 
                safety data for motor vehicle operators.
  (i) Privacy.--
          (1) Availability of clearinghouse information.--The 
        Secretary shall establish a process to make information 
        available from the clearinghouse in a manner that is 
        consistent with this section and applicable Federal 
        information and privacy laws, including regulations.
          (2) Unauthorized individuals.--The Secretary may not 
        provide information from the clearinghouse to an 
        individual who is not authorized by this section to 
        receive the information.
  (j) Fees.--
          (1) Authority to collect fees.--
                  (A) General authority.--The Secretary may 
                collect fees for requests for information from 
                the clearinghouse.
                  (B) Amount to be collected.--Fees collected 
                under this subsection in a fiscal year shall 
                equal as nearly as possible the costs of 
                operating the clearinghouse in that fiscal 
                year, including personnel costs.
                  (C) Receipts to be credited as offsetting 
                collections.--The amount of any fee collected 
                under this subsection shall be--
                          (i) credited as offsetting 
                        collections to the account that 
                        finances the activities and services 
                        for which the fee is imposed; and
                          (ii) available without further 
                        appropriation for such activities and 
                        services until expended.
          (2) Limitation.--The Secretary shall ensure that an 
        individual requesting information from the 
        clearinghouse in order to dispute or remedy an error in 
        a record pertaining to the individual pursuant to 
        subsection (e)(2) may obtain the information without 
        being subject to a fee authorized by paragraph (1).
  (k) Enforcement.--An employer, and any person acting as a 
service agent, shall be subject to civil and criminal penalties 
for a violation of this section in accordance with section 
521(b).
  (l) Definitions.--In this section, the following definitions 
apply:
          (1) Chief commercial driver licensing official.--The 
        term ``chief commercial driver licensing official'' 
        means the official in a State who is authorized--
                  (A) to maintain a record about a commercial 
                driver's license issued by the State; and
                  (B) to take action on a commercial driver's 
                license issued by the State.
          (2) Clearinghouse.--The term ``clearinghouse'' means 
        the clearinghouse to be established under subsection 
        (a).
          (3) Employer.--Notwithstanding section 31301, the 
        term ``employer'' means a person or entity employing 1 
        or more employees (including an individual who is self-
        employed) that is subject to Department of 
        Transportation requirements under the testing program. 
        The term does not include a service agent.
          (4) Medical review officer.--The term ``medical 
        review officer'' means a person who is a licensed 
        physician and who is responsible for receiving and 
        reviewing laboratory results generated under the 
        testing program and evaluating medical explanations for 
        certain controlled substances test results.
          (5) Safety sensitive function.--The term ``safety 
        sensitive function'' has the meaning such term has 
        under part 382 of title 49, Code of Federal 
        Regulations, or any successor regulation.
          (6) Service agent.--The term ``service agent'' means 
        a person or entity, other than an employee of an 
        employer, who provides services covered by part 40 of 
        title 49, Code of Federal Regulations, or any successor 
        regulation, to employers or employees (or both) under 
        the testing program, and the term includes a medical 
        review officer.
          (7) Testing program.--The term ``testing program'' 
        means the alcohol and controlled substances testing 
        program established under section 31306.

           *       *       *       *       *       *       *

Sec. 31308. Commercial driver's license

  After consultation with the States, the Secretary of 
Transportation shall prescribe regulations on minimum uniform 
standards for the issuance of commercial drivers' licenses and 
learner's permits by the States and for information to be 
contained on each of the licenses and permits. The standards 
shall require at a minimum that--
          [(1) an individual issued a commercial driver's 
        license pass written and driving tests for the 
        operation of a commercial motor vehicle that comply 
        with the minimum standards prescribed by the Secretary 
        under section 31305(a) of this title;]
          (1) an individual issued a commercial driver's 
        license--
                  (A) pass written and driving tests for the 
                operation of a commercial motor vehicle that 
                comply with the minimum standards prescribed by 
                the Secretary under section 31305(a); and
                  (B) present certification of completion of 
                driver training that meets the requirements 
                established by the Secretary under section 4042 
                of the Motor Carrier Safety, Efficiency, and 
                Accountability Act of 2012;

Sec. 31309. Commercial driver's license information system

  (a) * * *

           *       *       *       *       *       *       *

  (e) Modernization Plan.--
          (1) * * *

           *       *       *       *       *       *       *

          (4) Deadline for State participation.--
                  (A) In general.--The Secretary shall 
                establish in the plan a date by which all 
                States must be operating commercial driver's 
                license information systems that are compatible 
                with the modernized information system under 
                this section[.] and must use the systems to 
                receive and submit conviction and 
                disqualification data.

           *       *       *       *       *       *       *

Sec. 31311. Requirements for State participation

  (a) General.--To avoid having amounts withheld from 
apportionment under section 31314 of this title, a State shall 
comply with the following requirements:
          (1) * * *

           *       *       *       *       *       *       *

          (5) [At least 60 days before issuing a commercial 
        driver's license (or a shorter period the Secretary 
        prescribes by regulation),] Within the time period the 
        Secretary prescribes by regulation, the State shall 
        notify the Secretary or the operator of the information 
        system under section 31309 of this title, as the case 
        may be, of the proposed issuance of the license and 
        other information the Secretary may require to ensure 
        identification of the individual applying for the 
        license.

           *       *       *       *       *       *       *

          (22) Before renewing or issuing a commercial driver's 
        license to an individual, the State shall request 
        information pertaining to the individual from the drug 
        and alcohol clearinghouse maintained under section 
        31306a.
          (23) The State shall ensure that the State's 
        commercial driver's license information system complies 
        with applicable Federal information technology 
        standards.

           *       *       *       *       *       *       *

  (d) State Commercial Driver's License Program Plan.--
          (1) In general.--A State shall develop and submit to 
        the Secretary for approval a plan for complying with 
        the requirements of subsection (a) in the period 
        beginning on the date that the plan is approved and 
        ending on September 30, 2017.
          (2) Contents.--A plan submitted by a State under 
        paragraph (1) shall identify--
                  (A) the actions that the State must take to 
                address any deficiencies in the State's 
                commercial driver's license program, as 
                identified by the Secretary in the most recent 
                audit of the program; and
                  (B) other actions that the State must take to 
                comply with the requirements of subsection (a).
          (3) Priority.--
                  (A) Implementation schedule.--A plan 
                submitted by a State under paragraph (1) shall 
                include a schedule for the implementation of 
                the actions identified under paragraph (2).
                  (B) Deadline for compliance with 
                requirements.--A plan submitted by a State 
                under paragraph (1) shall include assurances 
                that the State will take the necessary actions 
                to comply with the requirements of subsection 
                (a) not later than September 30, 2017.
          (4) Approval and disapproval.--The Secretary shall--
                  (A) review a plan submitted by a State under 
                paragraph (1); and
                  (B)(i) approve the plan if the Secretary 
                determines that the plan is adequate to promote 
                the objectives of this section; or
                  (ii) disapprove the plan.
          (5) Modification of disapproved plans.--If the 
        Secretary disapproves a plan under this subsection, the 
        Secretary shall--
                  (A) provide the State a written explanation 
                of the disapproval; and
                  (B) allow the State to modify and resubmit 
                the plan for approval.
          (6) Plan updates.--The Secretary may require States 
        to review and update plans, as appropriate.
  (e) Annual Comparison of State Levels of Compliance.--On an 
annual basis, the Secretary shall--
          (1) conduct a comparison of the relative levels of 
        compliance by States with the requirements of 
        subsection (a); and
          (2) make available to the public the results of the 
        comparison, using a mechanism that the Secretary 
        determines appropriate.

           *       *       *       *       *       *       *

Sec. 31313. Grants for commercial driver's license program 
                    [improvements] implementation

  [(a) Grants for Commercial Driver's License Program 
Improvements.--
          [(1) General authority.--The Secretary of 
        Transportation may make a grant to a State in a fiscal 
        year--
                  [(A) to comply with the requirements of 
                section 31311; and
                  [(B) in the case of a State that is making a 
                good faith effort toward substantial compliance 
                with the requirements of section 31311 and this 
                section, to improve its implementation of its 
                commercial driver's license program.
          [(2) Purposes for which grants may be used.--
                  [(A) In general.--A State may use grants 
                under paragraphs (1)(A) and (1)(B) only for 
                expenses directly related to its compliance 
                with section 31311; except that a grant under 
                paragraph (1)(B) may be used for improving 
                implementation of the State's commercial 
                driver's license program, including expenses 
                for computer hardware and software, 
                publications, testing, personnel, training, and 
                quality control. The grant may not be used to 
                rent, lease, or buy land or buildings.
                  [(B) Priority.--In making grants under 
                paragraph (1)(B), the Secretary shall give 
                priority to States that will use such grants to 
                achieve compliance with the requirements of the 
                Motor Carrier Safety Improvement Act of 1999, 
                including the amendments made by such Act.
          [(3) Application.--In order to receive a grant under 
        this section, a State shall submit an application for 
        such grant that is in such form, and contains such 
        information, as the Secretary may require. The 
        application shall include the State's assessment of its 
        commercial driver's license program.
          [(4) Maintenance of expenditures.--The Secretary may 
        make a grant to a State under this subsection only if 
        the State agrees that the total expenditure of amounts 
        of the State and political subdivisions of the State, 
        exclusive of amounts from the United States, for the 
        State's commercial driver's license program will be 
        maintained at a level at least equal to the average 
        level of that expenditure by the State and political 
        subdivisions of the State for the last 2 fiscal years 
        of the State ending before the date of enactment of 
        this section.
          [(5) Government share.--The Secretary shall reimburse 
        a State under a grant made under this subsection an 
        amount that is not more than 100 percent of the costs 
        incurred by the State in a fiscal year in complying 
        with section 31311 and improving its implementation of 
        its commercial driver's license program. In determining 
        such costs, the Secretary shall include in-kind 
        contributions by the State. Amounts required to be 
        expended by the State under paragraph (4) may not be 
        included as part of the non-Federal share of such 
        costs.
  [(b) High-Priority Activities.--
          [(1) Grants for national concerns.--The Secretary may 
        make a grant to a State agency, local government, or 
        other person for 100 percent of the costs of research, 
        development, demonstration projects, public education, 
        and other special activities and projects relating to 
        commercial driver licensing and motor vehicle safety 
        that are of benefit to all jurisdictions of the United 
        States or are designed to address national safety 
        concerns and circumstances.
          [(2) Funding.--The Secretary may deduct up to 10 
        percent of the amounts made available to carry out this 
        section for a fiscal year to make grants under this 
        subsection.
  [(c) Emerging Issues.--The Secretary may designate up to 10 
percent of the amounts made available to carry out this section 
for a fiscal year for allocation to a State agency, local 
government, or other person at the discretion of the Secretary 
to address emerging issues relating to commercial driver's 
license improvements.
  [(d) Apportionment.--Except as otherwise provided in 
subsection (c), all amounts made available to carry out this 
section for a fiscal year shall be apportioned to States 
according to criteria prescribed by the Secretary.]
  (a) Grants for Commercial Driver's License Program 
Implementation.--
          (1) In general.--The Secretary of Transportation may 
        make a grant to a State in a fiscal year to assist the 
        State in complying with the requirements of section 
        31311.
          (2) Eligibility.--A State shall be eligible for a 
        grant under this subsection if the State has in effect 
        a commercial driver's license program plan approved by 
        the Secretary under section 31311(d).
          (3) Uses of grant funds.--A State may use grant funds 
        under this subsection--
                  (A) to comply with section 31311; and
                  (B) in the case of a State that is making a 
                good faith effort toward substantial compliance 
                with the requirements of section 31311 and this 
                section, to improve its implementation of its 
                commercial driver's license program, including 
                expenses--
                          (i) for computer hardware and 
                        software;
                          (ii) for publications, testing, 
                        personnel, training, and quality 
                        control;
                          (iii) for commercial driver's license 
                        program coordinators; and
                          (iv) to establish and implement a 
                        system to notify an employer of an 
                        operator of a commercial motor vehicle 
                        of a suspension or revocation of such 
                        operator's driver's license.
                  (C) Prohibitions.--A State may not use grant 
                funds under this subsection to rent, lease, or 
                buy land or buildings.
          (4) Maintenance of expenditures.--The Secretary may 
        make a grant to a State under this subsection only if 
        the State provides assurances satisfactory to the 
        Secretary that the total expenditure of amounts of the 
        State and political subdivisions of the State (not 
        including amounts of the United States) for the State's 
        commercial driver's license program will be maintained 
        at a level that at least equals the average level of 
        that expenditure by the State and political 
        subdivisions of the State for the most recent 3 fiscal 
        years ending before the date of enactment of the Motor 
        Carrier Safety, Efficiency, and Accountability Act of 
        2012.
  (b) Apportionment.--
          (1) Apportionment formula.--Subject to paragraph (2), 
        the amounts made available to carry out this section 
        for a fiscal year shall be apportioned among the States 
        in the ratio that--
                  (A) the number of commercial driver's 
                licenses issued in each State; bears to
                  (B) the total number of commercial driver's 
                licenses issued in all States.
          (2) Minimum apportionment.--The apportionment to each 
        State that has in effect a commercial driver's license 
        program plan approved by the Secretary under section 
        31311(d) shall be not less than one-half of 1 percent 
        of the total funds available to carry out this section.

           *       *       *       *       *       *       *

SUBTITLE X--MISCELLANEOUS

           *       *       *       *       *       *       *

CHAPTER 805--MISCELLANEOUS

           *       *       *       *       *       *       *

Sec. 80502. Transportation of animals

  (a) * * *

           *       *       *       *       *       *       *

  (c) Nonapplication.--[This section does not] Subsections (a) 
and (b) do not apply when animals are transported in a vehicle 
or vessel in which the animals have food, water, space, and an 
opportunity for rest.
  (d) Transportation of Horses.--
          (1) Prohibition.--No person may transport, or cause 
        to be transported, a horse from a place in a State, the 
        District of Columbia, or a territory or possession of 
        the United States through or to a place in another 
        State, the District of Columbia, or a territory or 
        possession of the United States in a motor vehicle 
        containing 2 or more levels stacked on top of each 
        other.
          (2) Motor vehicle defined.--In this subsection, the 
        term ``motor vehicle'' has the meaning given that term 
        in section 13102.
  [(d)] (e) Civil Penalty.--[A rail carrier]
          (1) In general.--A rail carrier, express carrier, or 
        common carrier (except by air or water), a receiver, 
        trustee, or lessee of one of those carriers, or an 
        owner or master of a vessel that knowingly and 
        willfully violates [this section] subsection (a) or (b) 
        is liable to the United States Government for a civil 
        penalty of at least $100 but not more than $500 for 
        each violation. [On learning of a violation]
          (2) Transportation of horses in multilevel trailer.--
                  (A) Civil penalty.--A person that knowingly 
                violates subsection (d) is liable to the United 
                States Government for a civil penalty of at 
                least $100 but not more than $500 for each 
                violation. A separate violation occurs under 
                subsection (d) for each horse that is 
                transported, or caused to be transported, in 
                violation of subsection (d).
                  (B) Relationship to other laws.--The penalty 
                provided under subparagraph (A) shall be in 
                addition to any penalty or remedy available 
                under any other law or common law.
          (3) Civil action.--On learning of a violation of a 
        provision of this section, the Attorney General shall 
        bring a civil action to collect the penalty in the 
        district court of the United States for the judicial 
        district in which the violation occurred or the 
        defendant resides or does business.

           *       *       *       *       *       *       *

                              ----------                              

INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991

           *       *       *       *       *       *       *

TITLE I--SURFACE TRANSPORTATION

           *       *       *       *       *       *       *

Part A--Title 23 Programs

           *       *       *       *       *       *       *

SEC. 1023. GROSS VEHICLE WEIGHT RESTRICTION.

  (a) * * *

           *       *       *       *       *       *       *

  (h) Over-the-Road Buses and Public Transit Vehicles.--
          (1) [Temporary exemption] Exemption.--The second 
        sentence of section 127 of title 23, United States 
        Code, relating to axle weight limitations for vehicles 
        using the Dwight D. Eisenhower System of Interstate and 
        Defense Highways, shall not apply[, for the period 
        beginning on October 6, 1992, and ending on October 1, 
        2009,] to--
                  (A) any over-the-road bus (as defined in 
                section 301 of the Americans with Disabilities 
                Act of 1990 (42 U.S.C. 12181)); [or]
                  (B) any vehicle that is regularly and 
                exclusively used as an intrastate public agency 
                transit passenger bus[.]; or
                  (C) any motor home (as such term is defined 
                in section 571.3 of title 49, Code of Federal 
                Regulations).
          (2) State action.--
                  (A) Weight limitations.--[For the period 
                beginning on the date of enactment of this 
                subparagraph and ending on September 30, 2009, 
                a] A covered State, including any political 
                subdivision of such State, may not enforce a 
                single axle weight limitation of less than 
                24,000 pounds, including enforcement 
                tolerances, on any vehicle referred to in 
                paragraph (1) in any case in which the vehicle 
                is using the Interstate System.

           *       *       *       *       *       *       *

SEC. 1105. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.

  (a) * * *

           *       *       *       *       *       *       *

  (e) Provisions Applicable to Corridors.--
          (1) * * *

           *       *       *       *       *       *       *

          (5) Inclusion of certain route segments on interstate 
        system.--
                  (A) In general.--The portions of the routes 
                referred to in subsection (c)(1), subsection 
                (c)(3) (relating solely to the Kentucky 
                Corridor), clauses (i), (ii), and (except with 
                respect to Georgetown County) (iii) of 
                subsection (c)(5)(B), subsection (c)(9), 
                subsections (c)(18) and (c)(20), subsection 
                (c)(36), subsection (c)(37), subsection 
                (c)(40), subsection (c)(42), subsection 
                (c)(45), subsection (c)(54), and subsection 
                (c)(57) that are not a part of the Interstate 
                System are designated as future parts of the 
                Interstate System. Any segment of such routes 
                shall become a part of the Interstate System at 
                such time as the Secretary determines [that the 
                segment--
                            [(i) meets the Interstate System 
                        design standards approved by the 
                        Secretary under section 109(b) of title 
                        23, United States Code; and
                          [(ii) connects to an existing 
                        Interstate System segment.] that the 
                        segment meets the Interstate System 
                        design standards approved by the 
                        Secretary under section 109(b) of title 
                        23, United States Code.

           *       *       *       *       *       *       *

                              ----------                              

             TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--The table of contents of this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

           TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS

     * * * * * * *
[3038. Over-the-road bus accessibility program.]
     * * * * * * *

                     TITLE IV--MOTOR CARRIER SAFETY

     * * * * * * *
[Sec. 4023. Employee protections.]

           *       *       *       *       *       *       *

TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS

           *       *       *       *       *       *       *

[SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.

  [(a) Definitions.--In this section, the following definitions 
apply:
          [(1) Intercity, fixed-route over-the-road bus 
        service.--The term ``intercity, fixed-route over-the-
        road bus service'' means regularly scheduled bus 
        service for the general public, using an over-the-road 
        bus, that--
                  [(A) operates with limited stops over fixed 
                routes connecting 2 or more urban areas not in 
                close proximity or connecting 1 or more rural 
                communities with an urban area not in close 
                proximity;
                  [(B) has the capacity for transporting 
                baggage carried by passengers; and
                  [(C) makes meaningful connections with 
                scheduled intercity bus service to more distant 
                points.
          [(2) Other over-the-road bus service.--The term 
        ``other over-the-road bus service'' means any other 
        transportation using over-the-road buses including 
        local fixed-route service, commuter service, and 
        charter or tour service (including tour or excursion 
        service that includes features in addition to bus 
        transportation such as meals, lodging, admission to 
        points of interest or special attractions or the 
        services of a tour guide).
          [(3) Over-the-road bus.--The term ``over-the-road 
        bus'' means a bus characterized by an elevated 
        passenger deck located over a baggage compartment.
  [(b) General Authority.--The Secretary shall make grants 
under this section to operators of over-the-road buses to 
finance the incremental capital and training costs of complying 
with the Department of Transportation's final rule regarding 
accessibility of over-the-road buses required by section 
306(a)(2)(B) of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12186(a)(2)(B)).
  [(c) Grant Criteria.--In selecting applicants for grants 
under this section, the Secretary shall consider--
          [(1) the identified need for over-the-road bus 
        accessibility for persons with disabilities in the 
        areas served by the applicant;
          [(2) the extent to which the applicant demonstrates 
        innovative strategies and financial commitment to 
        providing access to over-the-road buses to persons with 
        disabilities;
          [(3) the extent to which the over-the-road bus 
        operator acquires equipment required by the final rule 
        prior to any required timeframe in the final rule;
          [(4) the extent to which financing the costs of 
        complying with the Department of Transportation's final 
        rule regarding accessibility of over-the-road buses 
        presents a financial hardship for the applicant; and
          [(5) the impact of accessibility requirements on the 
        continuation of over-the-road bus service, with 
        particular consideration of the impact of the 
        requirements on service to rural areas and for low-
        income individuals.
  [(d) Competitive Grant Selection.--The Secretary shall 
conduct a national solicitation for applications for grants 
under this section. Grantees shall be selected on a competitive 
basis.
  [(e) Federal Share of Costs.--The Federal share of costs 
under this section shall be provided from funds made available 
to carry out this section and shall be determined in accordance 
with section 5323(i) of title 49, United States Code.
  [(f) Grant Requirements.--A grant under this section shall be 
subject to all of the terms and conditions applicable to 
subrecipients who provide intercity bus transportation under 
section 5311(f) of title 49, United States Code, and such other 
terms and conditions as the Secretary may prescribe.
  [(g) Funding.--
          [(1) Intercity, fixed route over-the-road bus 
        service.--Of the amounts made available to carry out 
        this section in each fiscal year, 75 percent shall be 
        available for operators of over-the-road buses used 
        substantially or exclusively in intercity, fixed-route 
        over-the-road bus service to finance the incremental 
        capital and training costs of the Department of 
        Transportation's final rule regarding accessibility of 
        over-the-road buses. Such amounts shall remain 
        available until expended.
          [(2) Other over-the-road bus service.--Of the amounts 
        made available to carry out this section in each fiscal 
        year, 25 percent shall be available for operators of 
        other over-the-road bus service to finance the 
        incremental capital and training costs of the 
        Department of Transportation's final rule regarding 
        accessibility of over-the-road buses. Such amounts 
        shall remain available until expended.]

           *       *       *       *       *       *       *

TITLE IV--MOTOR CARRIER SAFETY

           *       *       *       *       *       *       *

[SEC. 4023. EMPLOYEE PROTECTIONS.

  [Not later than 2 years after the date of enactment of this 
Act, the Secretary, in conjunction with the Secretary of Labor, 
shall report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives on the effectiveness of existing statutory 
employee protections provided for under section 31105 of title 
49, United States Code. The report shall include 
recommendations to address any statutory changes necessary to 
strengthen the enforcement of such employee protection 
provisions.]

           *       *       *       *       *       *       *

                              ----------                              

 UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES 
ACT OF 1970

           *       *       *       *       *       *       *

TITLE II--UNIFORM RELOCATION ASSISTANCE

           *       *       *       *       *       *       *

                      MOVING AND RELATED EXPENSES

  Sec. 202. (a) Whenever a program or project to be undertaken 
by a displacing agency will result in the displacement of any 
person, the head of the displacing agency shall provide for the 
payment to the displaced person of--
          (1) * * *

           *       *       *       *       *       *       *

          (4) actual reasonable expenses necessary to 
        reestablish a displaced farm, nonprofit organization, 
        or small business at its new site, but not to exceed 
        [$10,000] $25,000, as adjusted by regulation, in 
        accordance with section 213(d).

           *       *       *       *       *       *       *

  (c) Any displaced person eligible for payments under 
subsection (a) of this section who is displaced from the 
person's place of business or farm operation and who is 
eligible under criteria established by the head of the lead 
agency may elect to accept the payment authorized by this 
subsection in lieu of the payment authorized by subsection (a) 
of this section. Such payment shall consist of a fixed payment 
in an amount to be determined according to criteria established 
by the head of the lead agency, except that such payment shall 
not be less than $1,000 nor more than [$20,000] $40,000, as 
adjusted by regulation, in accordance with section 213(d). A 
person whose sole business at the displacement dwelling is the 
rental of such property to others shall not qualify for a 
payment under this subsection.

           *       *       *       *       *       *       *

                   REPLACEMENT HOUSING FOR HOMEOWNER

  Sec. 203. (a)(1) In addition to payments otherwise authorized 
by this title, the head of the displacing agency shall make an 
additional payment not in excess of [$22,500] $31,000, as 
adjusted by regulation, in accordance with section 213(d), to 
any displaced person who is displaced from a dwelling actually 
owned and occupied by such displaced person for not less than 
[one hundred and eighty days prior to] 90 days before the 
initiation of negotiations for the acquisition of the property. 
Such additional payment shall include the following elements:
  (A) * * *

           *       *       *       *       *       *       *

           REPLACEMENT HOUSING FOR TENANTS AND CERTAIN OTHERS

  Sec. 204. (a) In addition to amounts otherwise authorized by 
this title, the head of a displacing agency shall make a 
payment to or for any displaced person displaced from any 
dwelling not eligible to receive a payment under section 203 
which dwelling was actually and lawfully occupied by such 
displaced person for not less than 90 days immediately prior to 
(1) the initiation of negotiations for acquisition of such 
dwelling, or (2) in any case in which displacement is not a 
direct result of acquisition, such other event as the head of 
the lead agency shall prescribe. Such payment shall consist of 
the amount necessary to enable such person to lease or rent for 
a period not to exceed 42 months, a comparable replacement 
dwelling, but not to exceed [$5,250] $7,200, as adjusted by 
regulation, in accordance with section 213(d). At the 
discretion of the head of the displacing agency, a payment 
under this subsection may be made in periodic installments. 
Computation of a payment under this subsection to a low-income 
displaced person for a comparable replacement dwelling shall 
take into account such person's income.
  (b) Any person eligible for a payment under subsection (a) of 
this section may elect to apply such payment to a down payment 
on, and other incidental expenses pursuant to, the purchase of 
a decent, safe, and sanitary replacement dwelling. Any such 
person may, at the discretion of the head of the displacing 
agency, be eligible under this subsection for the maximum 
payment allowed under subsection (a)[, except that, in the case 
of a displaced homeowner who has owned and occupied the 
displacement dwelling for at least 90 days but not more than 
180 days immediately prior to the initiation of negotiations 
for the acquisition of such dwelling, such payment shall not 
exceed the payment such person would otherwise have received 
under section 203(a) of this Act had the person owned and 
occupied the displacement dwelling 180 days immediately prior 
to the initiation of such negotiations.].

           *       *       *       *       *       *       *

                         DUTIES OF LEAD AGENCY

  Sec. 213. (a) * * *
  (b) The head of the lead agency is authorized to issue such 
regulations and establish such procedures as he may determine 
to be necessary to assure--
          (1) * * *
          (2) that a displaced person who makes proper 
        application for a payment authorized for such person by 
        this title shall be paid promptly after a move or, in 
        hardship cases, be paid in advance; [and]
          (3) that any aggrieved person may have his 
        application reviewed by the head of the Federal agency 
        having authority over the applicable program or project 
        or, in the case of a program or project receiving 
        Federal financial assistance, by the State agency 
        having authority over such program or project or the 
        Federal agency having authority over such program or 
        project if there is no such State agency[.]; and
          (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 that describes the 
        activities conducted by the Federal agency.

           *       *       *       *       *       *       *

  (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.

SEC. 214. AGENCY COORDINATION.

  (a) Agency Capacity.--Each Federal agency responsible for 
funding or carrying out relocation and acquisition activities 
shall have adequately trained personnel and such other 
resources as are necessary to manage and oversee the relocation 
and acquisition program of the Federal agency in accordance 
with this Act.
  (b) Interagency Agreements.--Not later than 1 year after the 
date of the enactment of this section, each Federal agency 
responsible for funding relocation and acquisition activities 
(other than the agency serving as the lead agency) shall enter 
into a memorandum of understanding with the lead agency that--
          (1) provides for periodic training of the personnel 
        of the Federal agency, which in the case of a Federal 
        agency that provides Federal financial assistance, may 
        include personnel of any displacing agency that 
        receives Federal financial assistance;
          (2) addresses ways in which the lead agency may 
        provide assistance and coordination to the Federal 
        agency relating to compliance with this Act on a 
        program or project basis; and
          (3) addresses the funding of the training, 
        assistance, and coordination activities provided by the 
        lead agency, in accordance with subsection (c).
  (c) Interagency Payments.--
          (1) In general.--For the fiscal year that begins 1 
        year after the date of the enactment of this section, 
        and each fiscal year thereafter, each Federal agency 
        responsible for funding relocation and acquisition 
        activities (other than the agency serving as the lead 
        agency) shall transfer to the lead agency for the 
        fiscal year, such funds as are necessary, but not less 
        than $35,000, to support the training, assistance, and 
        coordination activities of the lead agency described in 
        subsection (b).
          (2) Included costs.--The cost to a Federal agency of 
        providing the funds described in paragraph (1) shall be 
        included as part of the cost of 1 or more programs or 
        projects undertaken by the Federal agency or with 
        Federal financial assistance that result in the 
        displacement of persons or the acquisition of real 
        property.

           *       *       *       *       *       *       *

                              ----------                              

MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999

           *       *       *       *       *       *       *

TITLE II--COMMERCIAL MOTOR VEHICLE AND DRIVER SAFETY

           *       *       *       *       *       *       *

SEC. 229. CERTAIN EXEMPTIONS.

  (a) Exemptions.--
          [(1) Transportation of agricultural commodities and 
        farm supplies.--Regulations prescribed by the Secretary 
        under sections 31136 and 31502 regarding maximum 
        driving and on-duty time for drivers used by motor 
        carriers shall not apply during planting and harvest 
        periods, as determined by each State, to drivers 
        transporting agricultural commodities or farm supplies 
        for agricultural purposes in a State if such 
        transportation is limited to an area within a 100 air 
        mile radius from the source of the commodities or the 
        distribution point for the farm supplies.]
          (1) Transportation of agricultural commodities and 
        farm supplies.--Regulations issued by the Secretary 
        under sections 31136 and 31502 of title 49, United 
        States Code, regarding maximum driving and on-duty time 
        for a driver used by a motor carrier, shall not apply 
        during a planting or harvest period of a State, as that 
        period is determined by the State, to--
                  (A) drivers transporting agricultural 
                commodities in the State from the source of the 
                agricultural commodities to a location within a 
                150 air-mile radius from the source;
                  (B) drivers transporting farm supplies for 
                agricultural purposes in the State from a 
                wholesale or retail distribution point of the 
                farm supplies to a farm or other location where 
                the farm supplies are intended to be used 
                within a 150 air-mile radius from the 
                distribution point; or
                  (C) drivers transporting farm supplies for 
                agricultural purposes in the State from a 
                wholesale distribution point of the farm 
                supplies to a retail distribution point of the 
                farm supplies within a 150 air-mile radius from 
                the wholesale distribution point.

           *       *       *       *       *       *       *

                              ----------                              

    SECTION 306 OF THE SAFETEA-LU TECHNICAL CORRECTIONS ACT OF 2008

SEC. 306. APPLICABILITY OF FAIR LABOR STANDARDS ACT REQUIREMENTS AND 
                    LIMITATION ON LIABILITY.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Covered Employee Defined.--In this section, the term 
``covered employee'' means an individual--
          (1) * * *
          (2) whose work, in whole or in part, is defined--
                  (A) * * *
                  (B) as affecting the safety of operation of 
                motor vehicles weighing 10,000 pounds or less 
                in transportation on public highways in 
                interstate or foreign commerce, except 
                vehicles--
                          (i) * * *
                          (ii) designed or used to transport 
                        more than 15 passengers (including the 
                        driver) and not used to transport 
                        passengers for compensation; [or]
                          (iii) used in transporting material 
                        found by the Secretary of 
                        Transportation to be hazardous under 
                        section 5103 of title 49, United States 
                        Code, and transported in a quantity 
                        requiring placarding under regulations 
                        prescribed by the Secretary under 
                        section 5103 of title 49, United States 
                        Code; [and] or
                          (iv) operating under contracts with 
                        rail carriers subject to part A of 
                        subtitle IV of title 49, United States 
                        Code, and used to transport employees 
                        of such rail carriers; and

           *       *       *       *       *       *       *

                              ----------                              

SECTION 502 OF THE RAILROAD REVITALIZATION AND REGULATORY REFORM ACT OF 
                                  1976

SEC. 502. DIRECT LOANS AND LOAN GUARANTEES.

  (a) * * *
  (b) Eligible Purposes.--
          (1) In general.--Direct loans and loan guarantees 
        under this section shall be used to--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) develop or establish new intermodal or 
                railroad facilities, including high-speed rail 
                (as defined in section 26105(2) of title 49, 
                United States Code) facilities.

           *       *       *       *       *       *       *

  (c) Priority Projects.--In granting applications for direct 
loans or guaranteed loans under this section, the Secretary 
shall give priority to projects that--
          (1) enhance public safety, including projects for the 
        installation of positive train control systems as 
        defined in section 20157(i) of title 49, United States 
        Code;

           *       *       *       *       *       *       *

  (f) Infrastructure Partners.--
          (1) Authority of secretary.--In lieu of or in 
        combination with appropriations of budget authority to 
        cover the costs of direct loans and loan guarantees as 
        required under section 504(b)(1) of the Federal Credit 
        Reform Act of 1990, the Secretary may accept on behalf 
        of an applicant for assistance [under this section a 
        commitment] under this section private insurance, 
        including bond insurance, or any other commitment from 
        a non-Federal source to fund in whole or in part credit 
        risk premiums with respect to the loan that is the 
        subject of the application. In no event shall the 
        aggregate of appropriations of budget authority and 
        credit risk premiums or private insurance, including 
        bond insurance, described in this paragraph with 
        respect to a direct loan or loan guarantee be less than 
        the cost of that direct loan or loan guarantee.

           *       *       *       *       *       *       *

          (3) Payment of premiums.--Credit risk premiums under 
        this subsection shall be paid to the Secretary before 
        the disbursement of loan amounts, or, at the discretion 
        of the Secretary, in a series of payments over the term 
        of the loan. If private insurance, including bond 
        insurance, is used, the policy premium shall be paid 
        before the loan is disbursed.

           *       *       *       *       *       *       *

  (h) Conditions of Assistance.--(1) * * *
  (2)(A) The Secretary shall not require an applicant for a 
direct loan or loan guarantee under this section to provide 
collateral. Any collateral provided or thereafter enhanced 
shall be valued as a going concern after giving effect to the 
present value of improvements contemplated by the completion 
and operation of the project. Such collateral shall be valued 
at 100 percent of the liquidated asset valuation, or going 
concern valuation when applicable. The Secretary shall not 
require that an applicant for a direct loan or loan guarantee 
under this section have previously sought the financial 
assistance requested from another source. The Secretary may 
subordinate rights of the Secretary under any provision of 
title 49 or title 23 of the United States Code, to the rights 
of the Secretary under this section and section 503.
  (B) In the case of an applicant that is a State, an 
Interstate compact, a local government authority as defined in 
section 5302 of title 49, United States Code, or a high-speed 
rail system as defined in section 26105 of title 49, United 
States Code, the Secretary shall, for purposes of making a 
finding under subsection (g)(4), accept the net present value 
on a future stream of State or local subsidy income or 
dedicated revenue as collateral offered to secure the loan.
  (C) For purposes of making a finding under subsection (g)(4) 
with respect to an application for a project for the 
installation of positive train control systems, the collateral 
value of that asset shall be deemed to be equal to the total 
cost of the labor and materials associated with installing the 
positive train control systems.

           *       *       *       *       *       *       *

  (i) Time Limit for Approval or [Disapproval.--Not later than 
90 days after receiving] Disapproval.--
          (1) In general.--Not later than 90 days after an 
        application is determined pursuant to paragraph (2) to 
        be a complete application for a direct loan or loan 
        guarantee under this section, the Secretary shall 
        approve or disapprove the application. In order to 
        enable compliance with such time limit, the Office of 
        Management and Budget shall take any actions required 
        with respect to the application within such 90-day 
        period.
          (2) Completion of application.--The Secretary shall 
        establish procedures for making a determination not 
        later than 45 days after submission of an application 
        under this section whether the application is complete. 
        Such procedures shall--
                  (A) provide for a checklist of the required 
                components of a complete application;
                  (B) provide that an independent financial 
                analyst be assigned within 45 days of submittal 
                to review the application;
                  (C) require the Secretary to provide to the 
                applicant a description of the specific 
                components of the application that remain 
                incomplete or unsatisfactory if an application 
                is determined to be incomplete; and
                  (D) permit reapplication without prejudice 
                for applications determined to be incomplete or 
                unsatisfactory.
  (j) Repayment Schedules.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Treatment of costs associated with deferral.--Any 
        additional costs associated with a deferred repayment 
        schedule under paragraph (1) may be financed over the 
        remaining term of the loan beginning at the time the 
        payments begin, or may be included in the credit risk 
        premium determined under subsection (f)(2).
  (k) Report to Congress.--Not later than 1 year after the date 
of enactment of the American Energy and Infrastructure Jobs Act 
of 2012, and annually thereafter, the Secretary shall transmit 
to the Congress a report on the program under this section that 
summarizes the number of loans approved and disapproved by the 
Secretary during the previous year. Such report shall not 
disclose the identity of loan or loan guarantee recipients. The 
report shall describe--
          (1) the number of preapplication meetings with 
        potential applicants;
          (2) the number of applications received and 
        determined complete under subsection (i)(2), including 
        the requested loan amounts;
          (3) the dates of receipt of applications;
          (4) the dates applications were determined complete 
        under subsection (i)(2);
          (5) the number of applications determined incomplete 
        under subsection (i)(2);
          (6) the final decision dates for both approvals and 
        denials of applications;
          (7) the number of applications withdrawn from 
        consideration; and
          (8) the annual loan portfolio asset quality.
  (l) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary for purposes of carrying out 
subsections (f)(3) and (j)(3), $50,000,000 for fiscal year 
2013.
                              ----------                              

PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT OF 2008

           *       *       *       *       *       *       *

DIVISION B--AMTRAK

           *       *       *       *       *       *       *

                        TITLE I--AUTHORIZATIONS

SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL AND OPERATING EXPENSES.

  (a) Operating Grants.--There are authorized to be 
appropriated to the Secretary for the use of Amtrak for 
operating costs the following amounts:
          (1) * * *

           *       *       *       *       *       *       *

          (4) For fiscal year 2012, [$616,000,000] 
        $466,000,000.
          (5) For fiscal year 2013, [$631,000,000] 
        $473,250,000.

           *       *       *       *       *       *       *

TITLE II--AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS

           *       *       *       *       *       *       *

SEC. 209. STATE-SUPPORTED ROUTES.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Review.--If Amtrak and the States (including the District 
of Columbia) in which Amtrak operates such routes do not 
voluntarily adopt and implement the methodology developed under 
subsection (a) in allocating costs and determining compensation 
for the provision of service in accordance with the date 
established therein, the Surface Transportation Board shall 
determine the appropriate methodology required under subsection 
(a) for such services in accordance with the procedures and 
procedural schedule applicable to a proceeding under section 
24904(c) of title 49, United States Code, and require the full 
implementation of this methodology with regards to the 
provision of such service [within 1 year after the Board's 
determination] by the first day of the first fiscal year 
beginning at least 1 year after the Board's determination of 
the appropriate methodology.

           *       *       *       *       *       *       *

                              ----------                              

                  RAIL SAFETY IMPROVEMENT ACT OF 2008

                        DIVISION A--RAIL SAFETY

SEC. 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT OF TITLE 49.

  (a) Short Title.--This division may be cited as the ``Rail 
Safety Improvement Act of 2008''.
  (b) Table of Contents.--The table of contents for this 
division is as follows:

Sec. 1. Short title; table of contents; amendment of title 49.
     * * * * * * *

               TITLE III--FEDERAL RAILROAD ADMINISTRATION

     * * * * * * *
Sec. 307. Update of Federal Railroad Administration's [website] Web 
          site.
     * * * * * * *

                 TITLE IV--RAILROAD SAFETY ENHANCEMENTS

     * * * * * * *
Sec. 403. [Track inspection time study] Study and rulemaking on track 
          inspection time; rulemaking on concrete cross ties.
     * * * * * * *
Sec. 408. Study of repeal of [Conrail] Consolidated Rail Corporation 
          provision.
     * * * * * * *

   TITLE VI--CLARIFICATION OF FEDERAL JURISDICTION OVER [SOLID WASTE 
            FACILITIES] SOLID WASTE RAIL TRANSFER FACILITIES

     * * * * * * *
Sec. 602. Clarification of general jurisdiction over [solid waste 
          transfer facilities] solid waste rail transfer facilities.
     * * * * * * *

SEC. 2. DEFINITIONS.

  (a) In General.--In this division:
          (1) Crossing.--The term ``crossing'' means a location 
        within a State, other than a location where one or more 
        railroad tracks cross one or more railroad tracks at 
        grade, where--
                  (A) * * *

           *       *       *       *       *       *       *

SEC. 102. RAILROAD SAFETY STRATEGY.

  (a) Safety Goals.--In conjunction with existing federally-
required and voluntary strategic planning efforts ongoing at 
the Department and the Federal Railroad Administration as of 
the date of enactment of this Act, the Secretary shall develop 
a long-term strategy for improving railroad safety to cover a 
period of not less than 5 years. The strategy shall include an 
annual plan and schedule for achieving, at a minimum, the 
following goals:
          (1) * * *

           *       *       *       *       *       *       *

          [(6) Improving the safety of railroad bridges, 
        tunnels, and related infrastructure to prevent 
        accidents, incidents, injuries, and fatalities caused 
        by catastrophic failures and other bridge and tunnel 
        failures.]
          (6) Improving the safety of railroad bridges, 
        tunnels, and related infrastructure to prevent 
        accidents, incidents, injuries, and fatalities caused 
        by catastrophic and other failures of such 
        infrastructure.

           *       *       *       *       *       *       *

    TITLE II--HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND 
TRESPASSER PREVENTION

           *       *       *       *       *       *       *

SEC. 206. OPERATION LIFESAVER.

  (a) Grant.--The Federal Railroad Administration shall make a 
grant or grants to Operation Lifesaver to carry out a public 
information and education program to help prevent and reduce 
pedestrian, motor vehicle, and other accidents, incidents, 
injuries, and fatalities, and to improve awareness along 
railroad rights-of-way and at highway-rail grade crossings. The 
program shall include, as appropriate, development, placement, 
and dissemination of [Public Service Announcements] public 
service announcements in newspaper, radio, television, and 
other media. The program shall also include, as appropriate, 
school presentations, brochures and materials, support for 
public awareness campaigns, and related support for the 
activities of Operation Lifesaver's member organizations. As 
part of an educational program funded by grants awarded under 
this section, Operation Lifesaver shall provide information to 
the public on how to identify and report to the appropriate 
authorities unsafe or malfunctioning highway-rail grade 
crossings.

           *       *       *       *       *       *       *

TITLE III--FEDERAL RAILROAD ADMINISTRATION

           *       *       *       *       *       *       *

SEC. 307. UPDATE OF FEDERAL RAILROAD ADMINISTRATION'S [WEBSITE] WEB 
                    SITE.

  (a) In General.--The Secretary shall update the Federal 
Railroad Administration's public [website] Web site to better 
facilitate the ability of the public, including those 
individuals who are not regular users of the public [website] 
Web site, to find current information regarding the Federal 
Railroad Administration's activities.
  (b) Public Reporting of Violations.--On the Federal Railroad 
Administration's public [website's] Web site's home page, the 
Secretary shall provide a mechanism for the public to submit 
written reports of potential violations of Federal railroad 
safety and hazardous materials transportation laws, 
regulations, and orders to the Federal Railroad Administration.

           *       *       *       *       *       *       *

TITLE IV--RAILROAD SAFETY ENHANCEMENTS

           *       *       *       *       *       *       *

SEC. 403. [TRACK INSPECTION TIME STUDY] STUDY AND RULEMAKING ON TRACK 
                    INSPECTION TIME; RULEMAKING ON CONCRETE CROSS TIES.

  (a) * * *

           *       *       *       *       *       *       *

SEC. 405. LOCOMOTIVE CAB STUDIES.

  (a) In General.--Not later than 1 year after the date of 
enactment of this Act, the Secretary, through the Railroad 
Safety Advisory Committee if the Secretary makes such a 
request, shall complete a study on the safety impact of the use 
of personal electronic devices, including [cell phones] 
cellular telephones, video games, and other distracting 
devices, by safety-related railroad employees (as defined in 
section 20102(4) of title 49, United States Code), during the 
performance of such employees' duties. The study shall consider 
the prevalence of the use of such devices.

           *       *       *       *       *       *       *

  (d) Authority.--Based on the conclusions of the study 
required under (a), the [Secretary of Transportation] Secretary 
may prohibit the use of personal electronic devices, such as 
cell phones, video games, or other electronic devices that may 
distract employees from safely performing their duties, unless 
those devices are being used according to railroad operating 
rules or for other work purposes. Based on the conclusions of 
other studies conducted under subsection (b), the Secretary may 
prescribe regulations to improve elements of the cab 
environment to protect an employee's health and safety.

           *       *       *       *       *       *       *

SEC. 408. STUDY OF REPEAL OF [CONRAIL] CONSOLIDATED RAIL CORPORATION 
                    PROVISION.

  Not later than 1 year after the date of enactment of this 
Act, the Secretary shall complete a study of the impacts of 
repealing section 711 of the Regional Rail Reorganization Act 
of 1973 (45 U.S.C. 797j). Not later than 6 months after 
completing the study, the Secretary shall transmit a report 
with the Secretary's findings, conclusions, and recommendations 
to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure.

           *       *       *       *       *       *       *

SEC. 412. ALCOHOL AND CONTROLLED SUBSTANCE TESTING FOR MAINTENANCE-OF-
                    WAY EMPLOYEES.

  Not later than 2 years following the date of enactment of 
this Act, the [Secretary of Transportation] Secretary shall 
complete a rulemaking proceeding to revise the regulations 
prescribed under section 20140 of title 49, United States Code, 
to cover all employees of railroad carriers and contractors or 
subcontractors to railroad carriers who perform maintenance-of-
way activities.

           *       *       *       *       *       *       *

SEC. 414. TUNNEL INFORMATION.

  Not later than 120 days after the date of enactment of this 
Act, each railroad carrier shall, with respect to each of its 
tunnels which--
          (1) * * *
          (2) carry 5 or more scheduled passenger trains per 
        day, or 500 or more carloads of poison- or toxic-by-
        inhalation hazardous materials (as defined in [parts 
        171.8, 173.115,] sections 171.8, 173.115, and 173.132 
        of title 49, Code of Federal Regulations) per year,
maintain, for at least two years, historical documentation of 
structural inspection and maintenance activities for such 
tunnels, including information on the methods of ingress and 
egress into and out of the tunnel, the types of cargos 
typically transported through the tunnel, and schematics or 
blueprints for the tunnel, when available. Upon request, a 
railroad carrier shall provide periodic briefings on such 
information to the governments of the local jurisdiction in 
which the tunnel is located, including updates whenever a 
repair or rehabilitation project substantially alters the 
methods of ingress and egress. Such governments shall use 
appropriate means to protect and restrict the distribution of 
any security sensitive information (as defined in [part 1520.5] 
section 1520.5 of title 49, Code of Federal Regulations) 
provided by the railroad carrier under this section, consistent 
with national security interests.

           *       *       *       *       *       *       *

SEC. 416. SAFETY INSPECTIONS IN MEXICO.

  Mechanical and brake inspections of rail cars performed in 
Mexico shall not be treated as satisfying United States rail 
safety laws or regulations unless the [Secretary of 
Transportation] Secretary certifies that--
          (1) * * *

           *       *       *       *       *       *       *

          (4) the Federal Railroad Administration is permitted 
        to perform onsite inspections for the purpose of 
        ensuring compliance with the requirements of this 
        [subsection] section.

SEC. 417. RAILROAD BRIDGE SAFETY ASSURANCE.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Use of Bridge Management Programs Required.--The 
Secretary shall instruct bridge experts to obtain copies of the 
most recent bridge management programs of [each railroad] each 
railroad carrier within the expert's areas of responsibility, 
and require that experts use those programs when conducting 
bridge observations.

           *       *       *       *       *       *       *

TITLE V--RAIL PASSENGER DISASTER FAMILY ASSISTANCE

           *       *       *       *       *       *       *

SEC. 503. ESTABLISHMENT OF TASK FORCE.

  (a) * * *
  (b) Model Plan and Recommendations.--The task force 
established pursuant to subsection (a) shall develop--
          (1) a model plan to assist rail passenger carriers in 
        responding to [passenger rail accidents] rail passenger 
        accidents;
          (2) recommendations on methods to improve the 
        timeliness of the notification provided by passenger 
        rail carriers to the families of passengers involved in 
        a [passenger rail accident] rail passenger accident;
          (3) recommendations on methods to ensure that the 
        families of passengers involved in a [passenger rail 
        accident] rail passenger accident who are not citizens 
        of the United States receive appropriate assistance; 
        and
          (4) recommendations on methods to ensure that 
        emergency services personnel have as immediate and 
        accurate [a count of the number of passengers onboard 
        the train] a count of the number of passengers aboard 
        the train as possible.

           *       *       *       *       *       *       *

  (d) Definitions.--In this section, the terms ``passenger'' 
and ``rail passenger accident'' have the meaning given those 
terms by section 1139 of this title.

   TITLE VI--CLARIFICATION OF FEDERAL JURISDICTION OVER [SOLID WASTE 
FACILITIES] SOLID WASTE RAIL TRANSFER FACILITIES

           *       *       *       *       *       *       *

SEC. 602. CLARIFICATION OF GENERAL JURISDICTION OVER [SOLID WASTE 
                    TRANSFER FACILITIES] SOLID WASTE RAIL TRANSFER 
                    FACILITIES.

  (a)  * * *

           *       *       *       *       *       *       *

                              ----------                              

DINGELL-JOHNSON SPORT FISH RESTORATION ACT

           *       *       *       *       *       *       *

  Sec. 4. (a) In General.--[For each of fiscal years 2006 
through 2012, the balance of each annual] For each fiscal year 
through fiscal year 2016, the balance of each annual 
appropriation made in accordance with the provisions of section 
3 remaining after the distributions for administrative expenses 
and other purposes under subsection (b) and for multistate 
conservation grants under section 14 shall be distributed as 
follows:
          (1) * * *

           *       *       *       *       *       *       *

  (b) Set-Aside for Expenses for Administration of the Dingell-
Johnson Sport Fish Restoration Act.--
          (1) In general.--
                  (A) Set-aside for administration.--[From the 
                annual appropriation made in accordance with 
                section 3, for each of fiscal years 2006 
                through 2012, the Secretary] From the annual 
                appropriation made in accordance with section 3 
                for each fiscal year through fiscal year 2016, 
                the Secretary of the Interior may use no more 
                than the amount specified in subparagraph (B) 
                for the fiscal year for expenses for 
                administration incurred in the implementation 
                of this Act, in accordance with this section 
                and section 9. The amount specified in 
                subparagraph (B) for a fiscal year may not be 
                included in the amount of the annual 
                appropriation distributed under subsection (a) 
                for the fiscal year.
                  [(B) Available amounts.--The available amount 
                referred to in subparagraph (A) is--
                          [(i) for each of fiscal years 2001 
                        and 2002, $9,000,000;
                          [(ii) for fiscal year 2003, 
                        $8,212,000; and
                          [(iii) for fiscal year 2004 and each 
                        fiscal year thereafter, the sum of--
                                  [(I) the available amount for 
                                the preceding fiscal year; and
                                  [(II) the amount determined 
                                by multiplying--
                                          [(aa) the available 
                                        amount for the 
                                        preceding fiscal year; 
                                        and
                                          [(bb) the change, 
                                        relative to the 
                                        preceding fiscal year, 
                                        in the Consumer Price 
                                        Index for All Urban 
                                        Consumers published by 
                                        the Department of 
                                        Labor.]
                  (B) Available amounts.--The available amount 
                referred to in subparagraph (A) is, for each 
                fiscal year, the sum of--
                          (i) the available amount for the 
                        preceding fiscal year; and
                          (ii) the amount determined by 
                        multiplying--
                                  (I) the available amount for 
                                the preceding fiscal year; and
                                  (II) the change, relative to 
                                the preceding fiscal year, in 
                                the Consumer Price Index for 
                                All Urban Consumers published 
                                by the Department of Labor.

           *       *       *       *       *       *       *

                              ----------                              

INTERNAL REVENUE CODE OF 1986

           *       *       *       *       *       *       *

Subtitle I--Trust Fund Code

           *       *       *       *       *       *       *

CHAPTER 98--TRUST FUND CODE

           *       *       *       *       *       *       *

Subchapter A--Establishment of Trust Funds

           *       *       *       *       *       *       *

SEC. 9504. SPORT FISH RESTORATION AND BOATING TRUST FUND.

  (a) * * *
  (b) Sport Fish Restoration and Boating Trust Fund.--
          (1) * * *
          (2) Expenditures from Trust Fund.--Amounts in the 
        Sport Fish Restoration and Boating trust Fund shall be 
        available, as provided by appropriation Acts, for 
        making expenditures--
                  (A) to carry out the purposes of the Dingell-
                Johnson Sport Fish Restoration Act [(as in 
                effect on the date of the enactment of the 
                Surface Transportation Extension Act of 2011, 
                Part II)] (as in effect on the date of 
                enactment of the Sportfishing and Recreational 
                Boating Safety Act of 2012),
                  (B) to carry out the purposes of section 
                7404(d) of the Transportation Equity Act for 
                the 21st Century [(as in effect on the date of 
                the enactment of the Surface Transportation 
                Extension Act of 2011, Part II)] (as in effect 
                on the date of enactment of the Sportfishing 
                and Recreational Boating Safety Act of 2012), 
                and
                  (C) to carry out the purposes of the Coastal 
                Wetlands Planning, Protection and Restoration 
                Act [(as in effect on the date of the enactment 
                of the Surface Transportation Extension Act of 
                2011, Part II)] (as in effect on the date of 
                enactment of the Sportfishing and Recreational 
                Boating Safety Act of 2012).

           *       *       *       *       *       *       *

  (d) Limitation on Transfers to Trust Fund.--
          (1) * * *
          (2) Exception for prior obligations.--Paragraph (1) 
        shall not apply to any expenditure to liquidate any 
        contract entered into (or for any amount otherwise 
        obligated) [before April 1, 2012, in accordance] before 
        October 1, 2016, in accordance with the provisions of 
        this section.

           *       *       *       *       *       *       *

                              ----------                              

TITLE 46, UNITED STATES CODE

           *       *       *       *       *       *       *

Subtitle II--Vesels and Seamen

           *       *       *       *       *       *       *

Part I--State Boating Safety Programs

           *       *       *       *       *       *       *

CHAPTER 131--RECREATIONAL BOATING SAFETY

           *       *       *       *       *       *       *

Sec. 13107. Authorization of appropriations

  (a)(1) * * *
  (2) The Secretary shall use not more than [two] 1.5 percent 
of the amount available each fiscal year for State recreational 
boating safety programs under this chapter to pay the costs of 
investigations, personnel, and activities related to 
administering those programs.

           *       *       *       *       *       *       *

  [(c)(1) Of the amount transferred to the Secretary under 
subsection (a)(2) of section 4 of the Dingell-Johnson Sport 
Fish Restoration Act (16 U.S.C. 777c(a)(2)), $5,500,000 is 
available to the Secretary for payment of expenses of the Coast 
Guard for personnel and activities directly related to 
coordinating and carrying out the national recreational boating 
safety program under this title, of which not less than 
$2,000,000 shall be available to the Secretary only to ensure 
compliance with chapter 43 of this title.]
  (c)(1) Of the amount transferred to the Secretary under 
section 4(a)(2) of the Dingell-Johnson Sport Fish Restoration 
Act (16 U.S.C. 777c(a)(2))--
          (A) $6,000,000 is available to the Secretary for the 
        payment of expenses of the Coast Guard for personnel 
        and activities directly related to coordinating and 
        carrying out the national recreational boating safety 
        program under this title, of which not less than 
        $2,000,000 shall be available to the Secretary only to 
        ensure compliance with chapter 43 of this title; and
          (B) $100,000 is available to fund the activities of 
        the National Boating Safety Advisory Council 
        established under this chapter.

           *       *       *       *       *       *       *

                            DISSENTING VIEWS

    In the wake of the greatest recession since the Great 
Depression, more than 2.5 million construction and 
manufacturing workers are still out of work. Passage of Federal 
surface transportation legislation is critical to both the 
nation's continued economic recovery and our long-term economic 
competitiveness. We desperately need increased infrastructure 
investment to create American jobs, restore our nation's 
economic growth, greatly improve quality of life in our 
communities, and reduce the nation's dependence on imported 
oil. If investment levels are adequate and directed toward the 
system's greatest needs, the benefits of this investment will 
reach every American and every business and offer reduced 
congestion, improved travel times, expanded transportation 
options, improved safety, and direct and indirect job creation.
    We had hoped that the Committee on Transportation and 
Infrastructure would develop legislation demonstrating a 
commitment to reforming the nation's surface transportation 
programs to meet the needs of the 21st Century, and addressing 
the nation's well documented surface transportation needs. 
Unfortunately, H.R. 7 fails on both fronts. As reported by the 
Committee, the bill fails to provide the necessary investment 
levels to build the nation's surface transportation network, 
and undermines the intermodal nature of the nation's surface 
transportation system. In fact, the bill cuts Federal-aid 
highway investment by $15.8 billion--destroying 550,000 family-
wage jobs over the coming years.
    With the nation's surface transportation network at a 
crisis point, we are deeply troubled that, instead of coming 
together to build on the longstanding, bipartisan traditions of 
this Committee and develop a forward-looking proposal that 
meets nation's surface transportation infrastructure needs, our 
Republican colleagues have put forth a proposal that cuts 
funding, destroys jobs, undermines safety, and dramatically 
limits public participation in the surface transportation 
process. This bill is filled with special-interest provisions 
and ideological attacks on long-standing surface transportation 
programs and policies. In addition, the changes made by H.R. 
3864, as reported by the Committee on Ways and Means, undermine 
the user-financed system that has provided dedicated revenues 
for both highway and public transit investment for decades.
    We are saddened that, for the first time in the Committee's 
storied history, the majority is bringing a partisan surface 
transportation bill to the Floor. As currently drafted, this 
bill lacks credibility, and will not become law. We urge our 
Republican colleagues to end this partisan game and work with 
us to invest in our nation and put Americans back to work.

                        1. Funding and Revenues

    We are particularly troubled with the impact of H.R. 7 on 
American jobs. Despite our Republican colleagues' insistence 
that H.R. 7 is a critical aspect of their job creation agenda, 
the legislation actually cuts Federal-aid highway investment by 
$15.8 billion when compared to the fiscal year 2011 investment 
level. This cut will destroy 550,000 family-wage jobs over the 
coming years. The Transportation Construction Coalition, which 
represents 28 national transportation construction and labor 
organizations, has written to the Committee that any cuts from 
current investment levels ``are real, and all involved should 
be clear that this is a step away from job creation and 
preservation.''
    We are also very concerned that only five States will 
receive more in Federal-aid highway investment over the life of 
the bill when compared to a five-year investment total based on 
current law funding levels (FY 2011). As reported, H.R. 7 
short-changes surface transportation investment, allowing the 
nation's infrastructure investment deficit to continue to grow, 
and significantly undermines the job creation potential of this 
legislation.

                      Federal-Aid Highway Funding

                                      COMPARISON OF CURRENT LAW AND H.R. 7
                                                  [In dollars]
----------------------------------------------------------------------------------------------------------------
                                                   5-Year Investment  5-Year Investment
                      State                         Based on Current   Based on H.R. 7          Difference
                                                     Law (FY 2011)      (FY 2012-2016)
----------------------------------------------------------------------------------------------------------------
Alabama..........................................      3,936,513,785      3,577,320,987             -359,192,798
Alaska...........................................      2,601,654,825      1,562,249,935           -1,039,404,890
Arizona..........................................      3,796,307,150      3,529,808,058             -266,499,092
Arkansas.........................................      2,686,373,045      2,226,235,526             -460,137,519
California.......................................     19,043,669,975     18,319,117,341             -724,552,634
Colorado.........................................      2,774,530,160      2,684,197,639              -90,332,521
Connecticut......................................      2,606,039,695      2,270,861,848             -335,177,847
Delaware.........................................        877,699,050        809,537,781              -68,161,269
District of Columbia.............................        827,890,730        802,318,331              -25,572,399
Florida..........................................      9,830,701,585      8,949,798,846             -880,902,739
Georgia..........................................      6,699,554,405      6,168,169,871             -531,384,534
Hawaii...........................................        877,571,265        812,421,352              -65,149,913
Idaho............................................      1,484,055,620      1,248,018,780             -236,036,840
Illinois.........................................      7,376,867,925      6,492,135,827             -884,732,098
Indiana..........................................      4,943,973,945      4,414,789,297             -529,184,648
Iowa.............................................      2,496,689,110      2,345,749,617             -150,939,493
Kansas...........................................      1,960,762,820      2,135,084,672              174,321,852
Kentucky.........................................      3,447,472,360      3,023,919,656             -423,552,704
Louisiana........................................      3,641,649,935      3,109,807,385             -531,842,550
Maine............................................        957,785,850        877,980,374              -79,805,476
Maryland.........................................      3,109,330,355      3,322,040,295              212,709,940
Massachusetts....................................      3,151,260,980      3,182,985,435               31,724,455
Michigan.........................................      5,462,948,555      5,245,485,840             -217,462,715
Minnesota........................................      3,383,394,820      3,070,272,344             -313,122,476
Mississippi......................................      2,509,452,930      2,235,048,579             -274,404,351
Missouri.........................................      4,911,992,200      4,190,625,827             -721,366,373
Montana..........................................      2,128,864,565      1,612,281,940             -516,582,625
Nebraska.........................................      1,499,728,110      1,546,696,794               46,968,684
Nevada...........................................      1,884,077,085      1,476,268,498             -407,808,587
New Hampshire....................................        857,281,050        824,643,931              -32,637,119
New Jersey.......................................      5,180,583,835      5,111,470,674              -69,113,161
New Mexico.......................................      1,905,403,175      1,773,405,471             -131,997,704
New York.........................................      8,709,302,770      8,103,420,242             -605,882,528
North Carolina...................................      5,401,430,945      5,205,726,556             -195,704,389
North Dakota.....................................      1,288,163,500      1,286,572,625               -1,590,875
Ohio.............................................      6,954,907,100      6,521,011,770             -433,895,330
Oklahoma.........................................      3,290,688,480      2,907,164,872             -383,523,608
Oregon...........................................      2,593,421,530      2,294,326,235             -299,095,295
Pennsylvania.....................................      8,513,165,010      7,564,818,148             -948,346,862
Rhode Island.....................................      1,134,738,290        906,229,415             -228,508,875
South Carolina...................................      3,257,529,525      3,218,463,389              -39,066,136
South Dakota.....................................      1,463,248,565      1,286,729,334             -176,519,231
Tennessee........................................      4,384,546,675      3,940,348,353             -444,198,322
Texas............................................     16,373,844,700     16,225,291,901             -148,552,799
Utah.............................................      1,671,634,775      1,512,605,524             -159,029,251
Vermont..........................................      1,053,052,205        812,816,960             -240,235,245
Virginia.........................................      5,280,022,395      4,919,101,465             -360,920,930
Washington.......................................      3,517,425,230      3,253,568,918             -263,856,312
West Virginia....................................      2,267,507,355      1,813,712,495             -453,794,860
Wisconsin........................................      3,904,064,605      3,282,857,230             -621,207,375
Wyoming..........................................      1,329,239,180      1,407,412,707               78,173,527
HIGHWAY FORMULA TOTAL............................    201,240,013,730    185,412,926,890         -15,827,086,840
----------------------------------------------------------------------------------------------------------------
Prepared by Committee on Transportation and Infrastructure Democratic staff based on information provided by the
  Federal Highway Administration (current law column) and Committee Republican staff (H.R. 7 column).

    One of the most troubling aspects of the proposal is the 
source of funding for public transportation programs. 
Specifically, H.R. 3864, as ordered reported by the Committee 
on Ways and Means, eliminates the deposit of 2.86 cents of 
every gallon of gasoline into the Mass Transit Account of the 
Highway Trust Fund. Instead, the legislation transfers $40 
billion from the General Fund to a new ``Alternative 
Transportation Account'' established to fund transit programs 
and four highway programs previously funded out of the Highway 
Trust Fund.
    While we realize that this change is outside the 
jurisdiction of this Committee, we are appalled that our 
Republican colleagues have allowed this fundamental change in 
the funding of our surface transportation system to be adopted. 
By breaking the link between highways and transit and funding 
from the Trust Fund, this legislation represents the 
balkanization of surface transportation programs and leaves 
public transportation without a dedicated revenue source. 
Transit programs will have to compete with every other 
discretionary priority funded by the General Fund of the 
Treasury. A lack of dedicated revenue will further undermine 
the ability of public transportation providers to plan for 
long-term investments.
    This short-sighted change to appease a minority of the 
Republican caucus who insist on cutting Federal spending at any 
cost is an inconceivable step backwards in surface 
transportation policy. More than 600 organizations agree with 
our view and have written letters of opposition to this 
financing mechanism.

                             2. Buy America

    H.R. 7 also misses an opportunity to create more American 
jobs and to revive American manufacturing by failing to close 
all existing loopholes in Buy America laws. We acknowledge and 
support the adoption, during Committee consideration, of some 
provisions originally included in H.R. 3533, the ``Invest in 
American Jobs Act of 2011'', to prohibit the segmentation of 
highway, transit, and rail projects to evade Buy America 
requirements and the inclusion of more stringent notice 
requirements prior to the issuance of a waiver from Buy America 
rules. However, we are concerned that some of the changes in 
the bill to address environmental streamlining may undermine 
the application of these provisions. More importantly, H.R. 7 
fails to close several gaping loopholes in Buy America laws.
    Transit Rolling Stock Loophole: H.R. 7 continues to allow 
transit rolling stock procurements to be comprised of only 60 
percent U.S.-made components. Currently, the Federal Transit 
Administration (FTA)'s regulations count the full cost of a 
component toward the domestic origin threshold if at least 60 
percent of the subcomponents of the component are made in the 
United States. In practice, this means that a piece of rolling 
stock can be compliant with Buy America requirements even with 
as little as 36 percent of the total cost of the components of 
a bus or rail car being produced in the U.S. Despite the 
existing 60 percent domestic content standard for transit, 
foreign-owned railcar manufacturers and suppliers continue to 
keep higher-value manufacturing activities--such as design and 
engineering--in their home countries. Keeping higher-value 
manufacturing activities outside of the U.S. means far more 
jobs are created and sustained in the home countries of these 
companies, and innovation and capabilities continue to develop 
outside of the U.S. A full domestic content requirement will 
bring more jobs, skills, and economic activity to the U.S.
    We strongly urge changes to H.R. 7 to ensure that rolling 
stock is subject to the same 100 percent domestic origin 
standards as steel, iron, and manufactured goods, and that the 
requirement to move from 60 percent to 100 percent be phased in 
over time. We strongly believe all future Federal investment in 
rolling stock should fully support American jobs. Some may 
argue that moving beyond 60 percent domestic content is 
impractical. In reality, as domestic content requirements 
increase, U.S. companies will step forward to fill the gap. In 
the last few years, as FTA has made waiver applications 
publicly available, several U.S. manufacturing companies have 
demonstrated their ability to produce transit bus and rail car 
components, such as software and streetcar rails, that were 
previously assumed to be unavailable domestically.
    Rail Loopholes: The bill also fails to significantly 
strengthen and close loopholes for Buy America requirements 
applicable to rail projects. It fails to eliminate the 
exemptions from Buy America for Amtrak for capital projects 
that are less than $1 million, for high-speed and intercity 
passenger rail projects that are less than $100,000, and for 
the Railroad Rehabilitation and Improvement Financing (RRIF) 
loan program.
    Waiver Loopholes: H.R. 7 also does not require the 
Secretary of Transportation to publish criteria to be used to 
determine whether a public interest waiver of Buy America 
requirements is warranted. Currently, the Secretary has 
complete discretion to decide on what basis to issue a public 
interest waiver, and these factors can vary from wavier to 
wavier and from one Administration to the next. We urge 
inclusion of language to define and set forth specific criteria 
that will be used by the Federal Highway Administration, the 
Federal Transit Administration, the Federal Railroad 
Administration, and Amtrak when considering whether to grant a 
public interest waiver. H.R. 7 also does not address the 
multitude of standing public interest and nationwide waivers 
that have been in place for decades. For instance, the Federal 
Highway Administration has a standing waiver for all 
manufactured goods, put in place during the initial rulemaking 
to implement Buy America in 1983. Similarly, the Federal 
Transit Administration has a general public interest waiver in 
place for software, even though software development is now 
done in the U.S. We believe that a review within one year, and 
every five years thereafter, of all such standing waivers is 
warranted.

 3. Limiting Environmental Review and Public Participation for Highway 
                           and Rail Projects

    The review process that is established under the National 
Environmental Policy Act (NEPA) and substantive environmental 
protections provided by a host of other Federal laws are 
intended to ensure that the impacts of transportation projects 
funded with Federal dollars are fully analyzed, other Federal 
agencies and the public have input into the decision-making 
process, a range of alternatives are considered, and 
environmental impacts are mitigated. Although H.R. 7 does not 
actually amend NEPA or other environmental laws directly, the 
effect of the legislation is to significantly limit or preclude 
their application to projects authorized under Title 23 and to 
rail projects. We have serious concerns that the changes made 
in the bill, which are extremely broad and far reaching, and 
significant detrimental impacts to both environmental review 
and public participation in the development and approval of 
such projects.
    According to the Federal Highway Administration (FHWA), 
only about four percent of all projects funded through FHWA 
programs require an Environmental Assessment (EA) or 
Environmental Impact Statement (EIS). Of the remaining projects 
funded by FHWA, 96 percent are processed as categorical 
exclusions--the least intensive environmental review process 
under NEPA--and all project review is completed, on average, in 
2.4 to six months. In the case of FTA, 99 percent of projects 
are processed as categorical exclusions, and all review 
resolved, on average, in less than six months. Despite this, 
NEPA and other Federal environmental laws are frequently cited 
as the main cause of delays in project delivery. Available data 
shows, however, that a lack of funding, changes in project 
design and scope, low priority and local controversy, and the 
complexity of a project are generally cited as more significant 
factors in project delivery delay than environmental review.
    Still, in an effort to improve the effectiveness of 
environmental review processes with respect to highway and 
transit projects, significant changes to Title 23 were made in 
the last reauthorization bill (Pub. L. 109-58). The majority of 
these changes have been implemented, and according to FHWA, the 
efficiency of environmental reviews has improved significantly 
since their adoption. Still, there has been an ongoing push by 
our Republican counterparts to further limit environmental 
review under the guise of project streamlining. While we 
strongly support efficient review of projects to ensure timely 
project delivery, we believe it is possible to balance these 
needs with adequate opportunity for public input and 
environmental review. Unfortunately, H.R. 7 ignores that 
balance with respect to projects authorized under Title 23. Of 
further concern, the bill applies the same ``streamlining'' 
provisions part and parcel to rail projects that receive 
Federal funds, despite the fact that there is no data nor has 
the Committee held one hearing indicating a correlation between 
the NEPA review process and a delay in rail project delivery.
    Waivers of NEPA for Certain Projects: The bill completely 
waives the application of NEPA for all highway and rail 
projects where the Federal share of the cost is less than $10 
million or 15 percent of the cost of the project. This 
arbitrary threshold for declaring a project to be exempt from a 
NEPA review process ignores the potential scope and impacts of 
the project on both the environment and the local community. 
This arbitrary approach is of particular concern in cases where 
a large-scale project may have a Federal cost share that does 
not meet the percentage threshold. This outright waiver also 
means that the provisions to prohibit segmentation to avoid 
compliance with Buy America laws adopted during Committee 
consideration of the bill may not apply to these projects.
    The bill would also exempt the reconstruction of any road, 
highway, bridge, or rail project that is damaged in an 
emergency from any further review under NEPA and a wide range 
of other environmental laws if replacement is in the same 
location, with the same capacity, dimension, and design as 
before the emergency. Although we strongly agree that the quick 
replacement of public infrastructure after an emergency is the 
highest priority, it is not clear why an exemption from 
environmental laws is needed to accomplish this goal. 
Currently, any facility rebuilt with Emergency Relief program 
funds are categorically excluded under NEPA. Additionally, the 
Council on Environmental Quality and other Federal agencies 
already have policies, procedures, and legal authorities in 
place to expedite any needed reviews, and there are numerous 
examples that demonstrate the ability to expedite emergency 
infrastructure decisions.
    For instance, in the case of levees and other flood control 
structures damaged in the New Orleans metropolitan area after 
Hurricane Katrina, reconstruction took place in ten months. As 
another example, in the case of the 1-35W bridge collapse in 
Minneapolis, Minnesota, reconstruction took place in 339 days 
with no waiver of environmental laws. In both examples, the 
reconstruction activities were carried out in accordance with 
current environmental laws and regulations, which had virtually 
no impact on time required to complete the reconstruction work. 
However, in both situations, it was the availability of full 
funding for the projects that may have been the most important 
factor for their expedited completion. In our view, this fact 
highlights a major concern with the focus of this bill--it 
claims to expedite project delivery by eliminating substantive 
and procedural environmental protections, but short-changes 
long-term funding of transportation programs. These examples 
show that the real causes of delay may be exactly the opposite 
of this bill's focus.
    Limits on the Review Process: We are also concerned that, 
in addition to significantly limiting the universe of highway 
and rail projects that would be subject to review and public 
participation under NEPA, the bill places limitations on the 
review process itself. Specifically, H.R. 7 limits 
consideration of alternatives that would need to be considered 
as a project is analyzed; limits the assessment of cumulative 
impacts; mandates the use of certain documents in the review 
process and allows the use of documents that are not subject to 
agency consultation or judicial review; limits input by other 
Federal agencies and sets arbitrary timelines for agency 
participation that, if not met, deems the agencies to be in 
concurrence with the decisions of the Secretary of 
Transportation; establishes timelines for approvals or 
determinations under other Federal laws that, if not met, then 
the project is deemed to be in compliance with those laws; and 
limits or precludes judicial review in numerous circumstances.
    Short Circuiting the Public Process: In addition, the bill 
allows States to acquire real property interests, carry out 
final design activities, and let contracts before a NEPA review 
process has been completed. This process raises serious 
questions about project outcomes being predetermined and 
undermines the public's role in the selection of a preferred 
alternative.
    Again, while we support timely project delivery, it is 
already the case that the vast majority of projects require the 
minimal review process established under NEPA. For those 
remaining four or five percent of projects, it is 
understandable that, because of their size, complexity, or 
potential impact to local communities or the environment, a 
more robust Federal, state, and local review and input is 
warranted. To further limit or bias the review process of these 
larger and more complex projects that warrant a broader review 
and analysis, as this bill does, is to limit the ability of the 
public to fully consider alternatives and to ignore the 
potential impacts of these projects to the environment and the 
community.
    State Delegation: For both highway and rail projects, the 
bill authorizes the Secretary of Transportation to establish a 
program that would allow States to use state laws and 
procedures to conduct reviews and make approvals in lieu of any 
Federal environmental laws and regulations if the Secretary 
determines the State's environmental review and approval 
procedures are ``substantially equivalent'' to the Federal laws 
and regulations. This delegation of authority has been allowed 
in the case of NEPA under a pilot program that only one State 
has taken advantage of to date. Although we support the 
continuation of this pilot program, a one-state pilot program 
does not provide enough information or data on which to make 
permanent changes to law that affect all States; nor does it 
provide the data that would support turning the implementation 
and enforcement of all Federal environmental laws over to the 
States.
    In addition, in the case of other environmental laws, we 
are concerned that the Secretary of Transportation is charged 
with making a determination regarding the adequacy of state 
programs and not the Federal agencies responsible for and 
expert in these laws. In other words, this bill gives the 
Secretary of Transportation the sole authority to delegate the 
statutory responsibilities and authorities of other Federal 
agencies. There is no requirement for the Secretary to receive 
the concurrence of these agencies before doing so. In addition, 
unlike the provisions set forth in the last reauthorization to 
grant States authority to assume the Secretary of 
Transportation's responsibilities for NEPA review, this new 
provision does not stipulate that States that assume these new 
responsibilities shall be solely responsible and solely liable 
for complying with and carrying out the laws and does not 
require States who establish such programs to accept the 
jurisdiction of the Federal courts for the compliance, 
discharge, and enforcement of these responsibilities. The fact 
that these requirements do not apply to this section, while 
they do apply to the responsibilities to carry out and enforce 
NEPA, would imply that no such assumption of responsibility is 
expected. We question, then, who would bear legal 
responsibility if Federal laws were not adequately implemented 
and enforced. This issue is further complicated by the fact 
that the bill stipulates compliance with a permit issued by a 
State under a Secretarially-approved program is deemed in 
compliance with Federal law regardless of whether the 
requirements of the Federal law are actually being met.
    This provision also ignores the fact that several Federal 
laws, including the Clean Water Act and the Clean Air Act, 
already have a statutory process for delegating 
responsibilities to the States under certain circumstances. For 
example, under the Clean Water Act, 46 of 50 States have been 
approved by the Environmental Protection Agency (EPA) to manage 
their Clean Water Act point source permitting program, and all 
States have been approved by EPA to manage their Clean Air Act 
programs. However, if this provision were to become law, it is 
possible a State that did not qualify for such delegation (or 
had such delegation revoked) under the Clean Water Act or the 
Clean Air Act could then be given this responsibility by the 
Secretary of Transportation for transportation projects, in 
direct conflict with other Federal laws.
    Limitation on Law Suits: We are also concerned that the 
bill bars any claim arising under Federal law for any project 
unless it is filed within 90 days after the final approval of 
the project is published in the Federal Register. Current law 
allows 180 days for claims to be filed and that deadline was 
already shortened from six years in the last reauthorization. 
This limit on the public's right to challenge a project 
decision combined with all the other amendments in the bill 
intended to limit the NEPA process will have significant 
impacts on the public participation in the development and 
delivery of transportation projects.
    New Activities Classified as Categorical Exclusions: We are 
concerned that H.R. 7 categorizes any project within a right-
of-way, any extension of a rail line in a right of way, or the 
replacement of any railroad-related facilities as a class of 
action categorically excluded from review under NEPA, 
regardless of the scope of the project. While we support the 
concept of expedited procedures within the existing footprint 
of a facility, the arbitrary application of the categorical 
exclusion authority under NEPA ensures that many projects that 
could have significant impact on the environment and local 
communities will not go through any significant review. For 
instance, a community may have a two-lane road today, but own 
enough right-of-way to support an eight-lane superhighway. 
Under H.R. 7, the State and local transportation agencies could 
expand that road to eight lanes with no consideration of 
alternatives, no analysis of impacts, and no public input in 
the decision-making process.
    Yet, at the same time, section 3017 of the bill, as 
reported, also stipulates that the Secretary of Transportation 
shall treat an activity carried out under Title 23 as a class 
of action categorically excluded under NEPA. Thus, any highway, 
transit, bridge, tunnel, multimodal project or railway crossing 
that receives Federal-aid highway funding is subject to only 
the most cursory review and virtually no public input, 
regardless of the scope of the project.
    270-Day Time Limit: Finally, with respect to projects 
carried out under Title 23, section 3018 of H.R. 7, as 
reported, provides that, notwithstanding any other provision of 
law, any environmental review process for a highway project 
under NEPA or any other applicable environmental law shall be 
completed within 270 days after it is initiated, and if it is 
not completed, it shall be deemed to have no significant impact 
on the environment under NEPA and be considered a final agency 
action, warranting no further review. Furthermore, the bill 
limits the ability to appeal this action, and does not make 
clear what occurs in cases where reviews or permit processes 
under other environmental laws are not complete.
    As stated earlier, more than 90 percent of FHWA and FTA 
projects are already categorically excluded under NEPA from 
needing a broad review that warrants the development of an EIS. 
The projects that do warrant the development of an EIS are 
those projects that will have the most significant 
environmental and community impacts and need greater 
deliberation and public input. These projects will likely be 
larger and more complex. Establishing an arbitrary and 
unreasonable deadline on the review process does not make 
sense.
    We are also concerned that the project sponsor could simply 
delay the NEPA review process and, with the passage of 270 
days, would be deemed in compliance with the law. Any delays in 
the ability to implement review and permit requirements could 
simply result in compliance with those laws after 270 days 
regardless of whether the requirements were actually met. Or, 
if the States were to assume NEPA authority or authority for 
other environmental laws as discussed above, any delays in the 
ability to implement review and permit requirements could 
simply result in compliance with those laws after 270 days 
regardless of whether the requirements were actually met.
    In short, while we strongly support timely project 
delivery, we do not think the drastic changes made in this bill 
in the name of streamlining are necessary to achieve that goal, 
and we remain very concerned about the impacts these changes 
will have on the public participation process and the 
assessment of impacts to the environment.
    Presidential Permit: We acknowledge that our Republican 
colleagues agreed to an amendment during Committee 
consideration offered by Mr. DeFazio to strike section 3003, 
``Expedited Permits'', from the bill. This section authorized 
the President to issue an ``expedited permit'' for any 
transportation infrastructure project (including highway, 
bridge, rail, transit, or interstate pipeline projects) if the 
President determined that the project will enhance the economic 
competitiveness of the United States. Not only did the 
provision give the President unfettered authority to approve a 
project, it also deemed any project approved using this 
authority to be in compliance with all applicable Federal laws 
and regulations. Furthermore, neither the submission of a 
project for consideration or the approval of any permit would 
have been subject to judicial review. Section 3003 would have 
allowed the President to approve any project, anytime, 
anywhere, anyhow without consideration of alternatives under 
NEPA. Further, other Federal laws, such as those governing 
civil rights, worker safety and labor standards, and water and 
air pollution could have also been waived. We are pleased that 
this provision was deleted and would strongly oppose any 
attempt to revisit this issue during Floor action.

                        4. Federal-Aid Highways

    Lack of Accountability: Although we support our Republican 
colleagues' efforts to restructure and consolidate Federal-aid 
highway programs, we are, however, concerned that the program 
as proposed will become nothing more than a block grant to the 
States, with little or no accountability for achieving specific 
outcomes with the Federal investment. As the Government 
Accountability Office has stated, the lack of clear Federal 
goals and the flexibility given to States under current surface 
transportation programs undermines the effectiveness of these 
programs in addressing key surface transportation 
challenges.\1\ H.R. 7 expands this flexibility with few if any 
linkages between performance requirements and accountability 
for achieving outcomes. Despite our Republican colleagues' 
claims that this bill will allow States to invest in their most 
critical infrastructure needs, it is not clear how this will be 
achieved or overseen; nor will there be any significant 
consequences for States that fail to achieve this outcome. If 
we are to ensure that taxpayers receive the most for their 
investment in surface transportation programs, the bill must 
require transparency in funding decisions by States and include 
provisions linking performance management and accountability in 
the use of Federal gas tax revenue.
---------------------------------------------------------------------------
    \1\Surface Transportation: Restructured Federal Approach Needed for 
More Focused, Performance-Based, and Sustainable Programs. GAO-08-400; 
Washington, DC; March 2008.
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    Disadvantaged Business Enterprise: We are pleased that the 
Disadvantaged Business Enterprise (DBE) program is continued in 
H.R. 7. This program is critical to ensuring equal opportunity 
in surface transportation contracting. We are concerned, 
however, that our Republican colleagues rejected efforts during 
Committee consideration to strengthen this program by 
increasing oversight, prohibiting excessive or discriminatory 
bonding requirements, and statutorily requiring annual 
adjustments to the personal net worth cap. These proposals 
would have made improvements to the program to address the 
under-representation and continuing discrimination in surface 
transportation contracting.
    Highway Bridge Funding: We are also concerned about the 
treatment of highway bridges in H.R. 7. With one in every four 
bridges in the nation classified as deficient, we believe that 
investments in addressing highway bridge deficiencies should be 
a priority in the use of Federal-aid highway funding. Although 
States would be required to invest an amount equal to 10 
percent of their National Highway System (NHS) and Surface 
Transportation Program (STP) funds on highway bridge projects 
on the NHS, the amount of funds provided for bridges is 
significantly less than the $4.85 billion currently provided 
under the Highway Bridge Program. We support efforts to double 
the NHS bridge set-aside from 10 to 20 percent.
    We are also concerned that the formula established for the 
new NHS program does not include a factor relating to bridge 
conditions. This approach moves away from the needs-based 
formula in the distribution of the existing Highway Bridge 
program and shifts core highway formula funding away from 
States with significant bridge investment needs.
    Transportation Enhancements: H.R. 7 also undermines 
transportation options and pedestrian safety through the 
elimination of the current transportation enhancement (TE) set-
aside. This set-aside allows States to choose to implement low-
cost transportation options that improve quality of life and 
enhance roadway safety. Pedestrians and cyclists currently 
account for approximately 13 percent of all fatalities 
involving motor vehicles. The TE set-aside allows States to 
develop appropriate facilities for these modes, which is 
essential in reducing the highway fatality rate.
    Public Lands Highways Program: We are also concerned about 
the changes to the Federal lands Programs under the bill. While 
we are not necessarily opposed to efforts to consolidate and 
streamline the current program, we are concerned that the bill 
would give Federal Land Management agencies significant 
flexibility in the administration of these programs at the 
expense of the State and local governments. Specifically, we 
oppose the elimination of funding that goes directly to States 
and local governments through the elimination of the Public 
Lands Highways Program. Currently, 41 States receive funding 
under this program, with most of the funds going to State and 
county road projects. The elimination of the Public Lands 
Highways Program will require State and local governments to 
assume the costs of maintaining and improving roads that 
provide access to and through Federal lands. The bill imposes a 
significant cost on States and local governments who own the 
roads but who do not derive any significant revenues from the 
Federal land.
    Mandates on States and Limits on Local Decision-making: 
Although the bill purports to provide States broad flexibility 
to manage their Federal-aid highway programs, we are concerned 
that the proposal includes a number of new provisions and 
mandates that would undermine local decision-making and 
control. Specifically, H.R. 7 includes a mandate that State 
departments of transportation use private-sector firms for 
engineering and design services on Federal-aid highway 
projects. The bill also requires States to conduct an analysis 
of all projects costing more than $500 million to determine if 
the use of public-private partnerships should be considered. 
Such provisions limit the ability of States to manage their 
programs, and steer them toward choices they may not have made 
otherwise, and which may be more costly.
    Similarly, H.R. 7 includes a provision allowing the 
Governor of a State to modify a local Transportation 
Improvement Plan (TIP) without the agreement of the affected 
Metropolitan Planning Organization (MPO). This provision 
undermines current law and local control and shifts the balance 
of power within metropolitan regions.
    State Infrastructure Banks: We do not support the inclusion 
of a new program to reward States that establish a State 
Infrastructure Bank (SIB). We recognize the role SIBs can play 
in a State's surface transportation program, and do not object 
to increasing the amount of formula funding that a State can 
choose to use toward capitalizing a SIB. However, only 32 
States (including Puerto Rico) have established a SIB. There 
are many reasons why States may choose not to capitalize a SIB: 
lack of statutory authority, concerns over impact on its debt 
limit and bond rating, or inability to generate revenue to 
repay a SIB loan. The creation of this new program incentivizes 
States to establish an entity that they may not believe is in 
their best interest.
    Projects of Regional and National Significance (PNRS) 
Program: We are also concerned that H.R. 7 does not include a 
program to provide funding for high-cost transportation 
projects of national or regional importance to the surface 
transportation system. Under the current state-based formula 
distribution of Federal-aid highway funds, large, freight-
based, multi-jurisdictional projects do not fare well. We 
believe that the establishment of a competitive, merit-based 
grant program will provide funding for the development of 
projects with national or regional--as opposed to local--
benefits that will improve the operation of the nation's 
intermodal freight transportation network and strengthen the 
nation's economic competitiveness.
    Undermines the Obligation to Mitigate Project Impacts on 
the Environment: We recognize that surface transportation 
projects have an impact on the natural environment, including 
wetlands and natural habitat. Federal law, including the Clean 
Water Act, attempts to reduce the impact by establishing a 
process to, first, avoid and minimize potential impacts to the 
environment, whenever possible, and to ensure that those 
impacts are adequately mitigated should they occur. As recent 
flooding events demonstrate, unrestrained development and 
unmitigated impacts to wetlands can exacerbate the size and 
scope of flooding events, and put downstream communities at 
greater risk.
    In recent years, both the Government Accountability Office 
(GAO) and the National Academy of Sciences have reviewed the 
adequacy of Federal mitigation activities, including the 
mitigation of surface transportation projects. Both 
organizations have questioned whether the current statutory 
obligations are adequate to address the impacts of projects to 
the environment, and have highlighted instances where project 
sponsors have avoided meeting their legal mitigation 
responsibilities altogether.
    In that light, we are concerned with the provisions in H.R. 
7 that propose significant changes to the Title 23 mitigation 
requirements. H.R. 7 dilutes the statutory requirement for 
mitigation by allowing project sponsors to delay any efforts to 
redress losses until after a project is completed. These 
changes would allow project sponsors to defer any efforts to 
mitigate project impacts, even financial contributions to 
commercial mitigation banks or third-party mitigation efforts, 
until the very end of the process, potentially when the funding 
for the project has been fully obligated, the impacts to the 
environment have already occurred, and the chances of 
additional funding solely for mitigation activities would be 
exhausted.
    In our view, this intentional and unnecessary delay for 
mitigation requirements further marginalizes the importance of 
restoring losses to wetlands and habitat, as required by 
Federal law, and increases the likelihood of potential flooding 
and other consequences from unmitigated impacts of construction 
projects. In addition, this bill marks the first time that 
project sponsors would be statutorily authorized to mitigate 
any and all potential impacts to the environment after the 
project is completed--a standard that is inconsistent with the 
current provisions of Title 23 (``concurrent with or in advance 
of project construction'') or the statutory obligations 
followed by other agencies, such as the Corps of Engineers, in 
section 906 of the Water Resources Development Act of 1986 
(``mitigation . . . shall be undertaken . . . before any 
construction of the project . . . commences, or . . . 
concurrently . . . with the physical construction of such 
project.'').
    We are equally concerned about the elimination of the 
current law requirement that any mitigation activities funded 
under Title 23 be carried out ``in accordance with applicable 
Federal law and regulations.'' We can only surmise that this 
change was intended to further weaken the statutory 
requirements that sponsors adequately mitigate the impacts of 
projects on the environment.
    We are unaware of any evidence to suggest that the current 
mitigation timing has been a burden, especially if the selected 
mitigation option is undertaken through financial contributions 
to a commercial mitigation bank or other third-party activity. 
No hearings were undertaken, or testimony received, that 
suggests the mitigation changes proposed in H.R. 7 are 
warranted, or what their potential impact might be; however, 
there is strong evidence that further weakening of the 
statutory mitigation obligations will further reduce the 
chances of mitigation success.

                        5. Public Transportation

    As discussed under the funding section, we are deeply 
concerned with the changes to the sources of funding for public 
transportation programs. Removing dedicated, user-financed 
transit funding from the Highway Trust Fund is a short-sighted 
change that breaks long-standing transportation policy. In 
addition to our strong objection to this change, there are a 
number of other programmatic and policy concerns contained in 
Title II of the bill, as reported.
    Bus and Bus Facilities: We are concerned with changes to 
the distribution of funds under the Bus and Bus Facilities 
grant program. H.R. 7 distributes funds under this program 
through a newly created formula rather than on a discretionary 
basis as was the case before this bill. While we do not object 
to the funds being distributed by formula, a change in program 
eligibility now prohibits any transit system that operates 
heavy rail, commuter rail, or light rail to receive funding 
under the program. This bill significantly limits the 
availability of Federal bus grant funding for the nation's 
transit systems in large population centers. In these difficult 
economic times, transit systems do not have extra funds 
available to undertake capital and maintenance projects without 
Federal funds; they struggle to find sufficient non-Federal 
sources of funds to keep their systems operating. We do not 
understand the rationale for this change and oppose its 
inclusion in the bill.
    Privatization: We strongly oppose provisions in Title II of 
H.R. 7 that mandate and subsidize the privatization of public 
transit service. Specifically, section 2012 authorizes a higher 
Federal share (90 percent) for the capital cost of buses and 
bus-related facilities and equipment purchased with any FTA 
grant funds, if a public transit agency contracts out 20 
percent or more of its fixed-route bus service. At a time when 
Federal resources available to invest in transit are dwindling, 
we do not support directing more of these resources to for-
profit private bus companies nor do we think it is appropriate 
for the Federal Government to tip the scales in favor of 
private companies offering transit service. Further, a subsidy 
is not needed to spur privatization. During the past decade, 
the percentage of contracted, fixed-route bus service in the 
U.S. has doubled on its own, without Federal taxpayer 
assistance.
    H.R. 7 also makes private entities eligible to receive 
Federal grants funds directly, as subrecipients, under the Bus 
and Bus Facilities program and the Coordinated Access and 
Mobility program. Private operators already have ample 
opportunity to compete for contracts with a public transit 
provider. Private operators are already used extensively, for 
example, in paratransit service. Competing for service that the 
public sector cannot provide sufficiently or appropriately is 
already something private companies do successfully.
    Section 2004 of H.R. 7 further strikes the requirement that 
local policies and decision-making determine the degree to 
which private enterprise participation under various transit 
programs is utilized. By doing so, this change essentially 
mandates private-sector participation in the planning process. 
Although the bill strikes the local control language, it leaves 
in place sanctions if the State or MPO do not meet certain 
criteria to include the private sector. This represents 
unwarranted Federal intrusion into local decisions. The Federal 
Government should set transit policy--not micro-manage the 
choices made at the local level to meet the transit needs of 
communities.
    Operating Assistance: H.R. 7 fails to provide flexibility 
to transit systems to use Federal funds to maintain service and 
transit worker jobs at times of economic crisis. Currently, 
transit systems located in urbanized areas above 200,000 in 
population may only use their Federal funds for capital 
projects and maintenance. With local sales tax revenues down 
and state and local budgets stretched thin, transit systems are 
having trouble securing the additional funds for operating and 
often have no choice but to raise fares or cut service. We 
strongly support the inclusion of language to allow transit 
systems to use a portion of their Urbanized Area Formula grant 
funds to keep buses and trains running in a time of economic 
hardship: when the unemployment rate in their area is at least 
seven percent or when the price of gas rises by more than 10 
percent. Further, although some flexibility to use Federal 
funds for operating was included during Committee consideration 
for small transit systems that operate less than 100 buses 
during peak hours, we believe providing maximum flexibility for 
these small systems is warranted.

                               6. Safety

    NHTSA Grant Funding: We are greatly concerned with the 
funding cuts contained in Title V of the bill for highway 
safety grants to States. As reported, the bill cuts over $380 
million over the life of the bill in grants to States. The bill 
provides only $493 million per year for the single consolidated 
section 402 grant program. Comparatively, in FY 2011, Congress 
provided $572 million for NHTSA's separate grant programs. The 
bill cuts NHTSA safety grant funding by 16 percent per year. In 
a time of tight budgets, States can ill afford to make up this 
difference on their own; as a result, States will be able to 
carry out fewer activities to enhance highway safety.
    Motor Carrier Safety Grants: H.R. 7 delegates broad 
authority to the States to carry out the Motor Carrier Safety 
Assistance Program (MCSAP), yet significantly reduces the 
Federal oversight over State use of Federal funds. We are 
concerned that the bill changes the program guidance for MCSAP 
to allow a State to go up to three years without an approved 
safety plan before fully withholding MC SAP grant funds. States 
will be able to continue to spend Federal funds on activities 
even if the Secretary of Transportation determines that the 
State's commercial vehicle safety expenditures are not 
achieving the State's own safety goals.
    Hours of Service: Section 6502 of H.R. 7 requires the 
Secretary of Transportation to conduct a field study by April 
2013 related to changes to the restart provisions in the hours 
of service rule published by the Federal Motor Carrier Safety 
Administration (FMCSA) on December 27, 2011. This section 
further directs the Secretary to stay the rule and conduct a 
new rulemaking if the results of the study do not support the 
changes published by FMCSA. Congress mandated, in section 408 
of the ICC Termination Act of 1995 (Pub. L. 104-88), that the 
Department of Transportation (DOT) conduct a rulemaking 
``dealing with a variety of fatigue-related issues pertaining 
to commercial motor vehicle safety'' because the hours of 
service rules governing commercial truck and bus drivers had 
not been changed since 1962. FMCSA issued a final rule 
implementing this mandate on April 28, 2003. Since then, the 
courts have twice vacated the rules issued by FMCSA, including 
specifically vacating the 34-hour restart provision in 2007. 
Although we do not object to the requirement for FMCSA to 
conduct further study, we are greatly concerned with a 
legislative mandate to stay the rule based on the results of a 
single study, when FMCSA has considered numerous studies and 
data already in developing this rule. Attempts to legislatively 
delay implementation of a final rule will continue the 
uncertainty over what rules govern on duty time for commercial 
truck drivers, and will not improve safety.
    Section 6602 eliminates Fair Labor Standards Act (FLSA) 
minimum wage and overtime pay protections for drivers operating 
under contracts with rail carriers to transport rail carrier 
employees. An exemption from FLSA requirements has existed for 
motor carriers since 1935. The motor carrier exemption states 
that the overtime provisions of the FLSA do not apply to any 
employee for whom the Secretary of Transportation has the 
authority to establish qualifications of drivers and maximum 
hours of service for all drivers regardless of the size of the 
vehicle. Prior to the passage of SAFETEA-LU, this exemption 
applied to all employees of motor carriers or private motor 
carriers, including drivers of vehicles weighing 10,000 pounds 
or less. The exemption was based on DOT's authority under 
section 31502 of Title 49 to prescribe requirements for maximum 
hours of service. However, DOT has never subjected commercial 
drivers of vehicles weighing less than 10,000 pounds to any 
Federal safety standards, including hours of service. A 
definitional change in SAFETEA-LU removed DOT's authority to 
establish qualifications and maximum hours of service for 
drivers of vehicles weighing less than 10,000 lbs. As a result, 
the motor carrier exemption for drivers of lighter-weight 
vehicles was eliminated and a new class of drivers became 
eligible for overtime pay under FLSA. Section 6602 exempts 
drivers of lighter-weight vehicles, presumably passenger vans, 
under contract with rail carriers to transport rail workers to 
and from worksites from FLSA requirements. We are very 
concerned that these drivers are also not covered by DOT hours-
of-service rules, meaning that as a result of this change, no 
Federal wage and hour laws would apply to these workers.
    Agriculture exemptions: H.R. 7 also contains several 
exemptions for farmers and agriculture haulers from driver 
safety and hours of service rules. Although we do not object to 
targeted and reasonable exemptions to facilitate the movement 
of goods to market for America's farmers and agricultural 
community, we believe that any exemption must carefully 
consider the safety impacts.
    A study conducted by FMCSA in May 2010 found that 
agricultural carriers overall had higher out-of-service and 
violation rates than non-agricultural carriers related to the 
safe operation of commercial motor vehicles, driver 
qualifications, and vehicle maintenance. Agricultural carriers 
exempt from hours of service had even higher out-of-service and 
violation rates than non-exempt agricultural carriers.
    Several exemptions from Federal motor carrier safety 
regulations already exist for farmers, including an hours-of-
service exemption during harvest and planting time within 100 
miles, and an exemption from the requirements to hold a 
commercial drivers' license if a farmer travels within 150 
miles in a State.
    Section 6505 of the bill expands the existing hours-of-
service exemption to a 150-mile radius of a farm or the source 
of the commodities, but also includes 150 miles from a 
wholesale or retail distribution point to a farm or where the 
supplies will be used and 150 miles from the wholesale 
distribution point to a retail distribution point. These 
second-stage movements have always been interpreted by FMCSA as 
outside the scope of the existing exemption, and do not have to 
involve a farmer directly. Section 6601 of the bill exempts 
farm or ranch owners or operators, and their employees or 
family members, from all requirements to hold a CDL, be 
medically qualified, pass a drug and alcohol test, and hours-
of-service rules. To qualify for the exemption, the vehicle 
must be equipped with a special farm license plate or other 
designation by the State, and must weigh less than 26,000 
pounds. For vehicles weighing more than 26,000 pounds, the 
exemptions still apply if the vehicle is traveling less than 
150 miles from the farm or ranch. These changes represent a 
significant expansion of the current allowances, without any 
requirements that FMCSA evaluate the impacts of such exemptions 
to ensure that they result in an equivalent level of safety.
    Positive Train Control: The bill extends the deadline for 
implementation of Positive Train Control (PTC) on passenger 
rail lines from December 31, 2015, to December 31, 2020, and 
could extend the deadline for PTC on rail lines that transport 
toxic-by-inhalation hazardous materials to anytime after 2020. 
PTC systems are designed to automatically prevent train-to-
train collisions, overspeed derailments, incursions into 
established work zone limits, and the movement of a train 
through a switch left in the wrong position. Congress mandated 
installation of PTC on a bipartisan basis in the Rail Safety 
Improvement Act of 2008 (Pub. L. 110-432), in the wake of one 
of the most tragic rail accidents in U.S. history. On September 
12, 2008, a head on collision between a freight train and 
commuter train in Chatsworth, California, took the lives of 25 
passengers and seriously injured 130 others. PTC has been on 
the National Transportation Safety Board's (NTSB) list of most 
wanted safety improvements for more than 20 years. In the past 
10 years alone, the NTSB has investigated 52 rail accidents, 
including four transit accidents, where the installation of PTC 
would likely have prevented the accident. These accidents 
include five serious accidents in 2005: Graniteville, South 
Carolina; Anding, Mississippi; Shepherd, Texas; Chicago, 
Illinois; and Texarkana, Arkansas. These figures, however, do 
not include the numerous accidents that the Federal Railroad 
Administration has investigated. In August 1999, the Railroad 
Safety Advisory Committee published a report entitled 
Implementation of Positive Train Control Systems, which stated 
that out of a select group of 6,400 accidents that occurred 
from 1988 through 1997, 2,659 of those accidents could have 
been prevented had some form of PTC been implemented.
    We recognize the complexities of installing PTC and 
therefore the need to allow additional time for the freight and 
commuter railroads to implement the 2008 mandate; however, a 
deadline of 2020 or beyond is far too long. We believe that a 
better approach would be to provide the Secretary with the 
authority to extend the current deadline for individual 
railroads for no more than three years, or December 31, 2018. 
In a letter dated February 1, 2012, to a Member of Congress, 
NTSB Chairman Deborah A.P. Hersman expressed its disappointment 
in the delay of PTC contained in H.R. 7.
    In addition to extending the PTC mandate, H.R. 7 allows 
freight railroads to implement an alternative strategy in lieu 
of installing PTC. The alternative strategy could provide far 
less protection than required under the PTC mandate; it would 
only have to ``reduce the risk'' of a release to the same 
extent PTC would. According to DOT, it would not have to be 
designed to achieve all that PTC is required to prevent, 
including train-to-train collisions, over-speed derailments, 
incursions into established work zone limits, and the movement 
of a train through a switch left in the wrong positions. We 
believe this subsection should be clarified to ensure that 
whatever alternative strategy is utilized by the railroads and 
approved by the Secretary provides a level of safety at least 
equal to the level of safety that would have been provided if 
PTC had been implemented.
    Rail and Hazardous Materials Regulations: While H.R. 7 
purports to ``improve regulations and regulatory review'', it 
may, in fact, make it much more cumbersome and time-consuming 
for DOT to issue regulations or guidance to protect the public 
from possible safety trends or to respond to imminent safety 
threats. The bill also introduces uncertainty by requiring any 
regulation to be based on ``evidence'', but fails to define 
what it means by ``evidence''. It also mandates that any 
substantive agency guidance to recipients of Federal assistance 
be subject to the requirements of the Administrative Procedure 
Act, which include public notice and comment procedures, which 
could prevent DOT from quickly being able to issue significant 
guidance in response to imminent safety hazards.
    Hazardous Materials Safety: We oppose provisions of the 
bill which remove safety and health protections and endanger 
workers and the traveling public. Over the last decade, there 
have been 170,446 incidents involving transportation of 
hazardous materials, resulting in 134 fatalities, 2,783 
injuries, and more than $631 million in property damage. 
Although transportation incidents involving hazardous materials 
are declining, the hazardous materials industry remains one of 
the most dangerous industries in which to work.
    Elimination of OSHA Authority: Provisions in the bill 
needlessly eliminate the authority of the Occupational Safety 
and Health Administration (OSHA) to protect workers who load, 
unload, and handle hazardous materials; design, manufacture, 
test, and mark hazardous materials packaging, and work at fixed 
facilities where hazmat is stored, including rail cars that 
store hazmat inside these facilities.
    Since 1970, OSHA has promulgated a number of regulations 
that address the handling of hazardous materials at fixed 
facilities. These include regulations governing process safety 
management of highly hazardous chemicals and requirements for 
handling and storing specific hazardous materials, such as 
compressed gases, flammable and combustible liquids, explosives 
and blasting agents, liquefied petroleum gases, and anhydrous 
ammonia. OSHA regulations also address hazard communication 
requirements at fixed facilities, including container labeling 
and other forms of warnings, material safety data sheets, and 
employee training. In addition, facilities that handle and 
store hazardous materials must comply with OSHA regulations 
that address more general types of workplace hazards, such as 
walking and working surfaces, means of egress, noise, air-
quality, environmental control, personal protective equipment, 
and fire protection.
    In 1990, Congress mandated in the Hazardous Materials 
Transportation Uniform Safety Act (Public Law 101-615) that 
Department of Transportation (DOT) regulations would not 
preempt OSHA regulations, allowing both agencies to regulate in 
the hazmat arena: DOT to regulate transportation and OSHA to 
regulate worker safety. It would undermine worker safety, and 
create needless confusion, for DOT to now displace such OSHA 
protections and the agency's enforcement authority over these 
important regulations.
    Hazmat Training: Similarly, H.R. 7 relieves certain 
employers who transport hazardous materials from one of the 
most important workers safety protections: training. Under 
current law, the definition of a ``hazmat employer'' is a 
person who employs or uses at least one hazmat employee on a 
full-time, part-time, or temporary basis; or is self-employed. 
H.R. 7 eliminates the phrase ``or uses'' from the definition 
thereby relieving employers who use contractors to load, 
unload, or handle hazardous materials from having to train 
those workers. Under the bill, only employers who directly 
employ personnel on a full- or part-time basis would have to 
comply with such training requirements.
    H.R. 7 also eliminates the hazmat train-the-trainer 
program, which provides $4 million in competitive grants per 
year to nonprofit hazmat employee organizations to train 
instructors to train hazmat employees. The National Labor 
College provides one such program on behalf of the rail unions 
for training rail workers, called the Rail Workers Hazardous 
Materials Training Program. The training is more comprehensive 
than required of railroads and does not replace, but rather 
builds upon, the training provided by hazmat employers. The 
program is funded, in part, through the National Institute of 
Environmental Health Sciences, the North American Railway 
Foundation, and DOT.
    H.R. 7 further fails to address stronger training standards 
for emergency responders. Emergency responders who may be 
called to the scene of an accident need to receive more 
advanced training when responding to incidents related to the 
release of hazardous substances. Current law does not require 
States, local governments, and Indian tribes that receive 
Hazardous Emergency Preparedness (HMEP) grants from DOT to 
train fire fighters or other first responders at a specific 
level. As a result, most fire fighters only receive awareness 
training, which is not sufficient. We believe H.R. 7 should 
require entities receiving HMEP grants to train fire fighters 
at the Operations Level, at a minimum.
    Hazmat Exemptions: With respect to exemptions from 
hazardous materials regulations, known as special permits, we 
are concerned with several provisions in the bill. In 2010, the 
Committee on Transportation and Infrastructure and the DOT 
Inspector General conducted investigations of DOT's special 
permit program. The investigations found that DOT did not 
adequately review applicants' safety histories when issuing 
hazmat exemptions; ensure applicants will provide an acceptable 
level of safety; coordinate with the affected operating 
administrations; and conduct regular compliance reviews of 
individuals and companies that have been granted exemptions. 
Several provisions in H.R. 7 are contrary to these findings.
    Limitation on Denial of Hazmat Applicants: The bill 
prohibits the Secretary from denying applications for hazmat 
exemptions for having an out-of-service rate that is greater 
than the national average. In other words, an applicant cannot 
be denied an exemption for having a poor safety record.
    Provides Permanent Hazmat Exemptions: The bill also 
requires DOT to permanently adopt, in its regulations, every 
exemption that DOT has issued over the last six years; as long 
as it is a matter of general application, has future effect, 
and is consistent with hazardous materials safety. According to 
DOT, this means that more than 5,000 exemptions could now 
become permanent. A perfect example of one such exemption is a 
permit that authorizes the transportation of certain explosives 
that are forbidden or that exceed quantities authorized for 
transportation by cargo aircraft. According to DOT, as a result 
of this bill, that exemption would now be fully incorporated in 
regulation.
    In addition, the bill prohibits the Secretary from charging 
fees to applicants for exemptions from hazmat regulations. The 
President's Fiscal Year 2012 budget proposed establishing fees 
to assist DOT staff in processing the more than 13,000 annual 
applications.
    H.R. 7 contains other provisions that could have a 
significant deleterious effect on safety, which we believe 
should be stricken from the bill. These sections include 
provisions that (1) significantly limit DOT's authority to 
conduct hazmat inspections and investigations; (2) relieve 
carriers of liability for any violations stemming from pre-
transportation functions, such as loading operations; (3) 
preempt certain State procedures, standards, and penalties; (4) 
eliminate DOT's authority to issue a regulation prohibiting the 
transportation of Class 3 flammable liquids, such as gasoline, 
in the external product piping of cargo tank motor vehicles; 
and (5) prevent the Secretary from issuing guidance and 
regulations to protect the public from trending or possible 
safety hazards.
    Incorporation of Industry-Developed Standards in 
Regulations: H.R. 7 also allows DOT to continue to incorporate 
industry-developed standards by reference in regulations and 
then allow the industry to charge the public for access to 
those standards. We believe that H.R. 7 should adopt the 
approach taken in the Pipeline Safety, Regulatory Certainty, 
and Job Creation Act of 2011 (Public Law 112-90), which 
prohibits the Secretary from issuing guidance or a regulation 
that incorporates by reference any documents or portions 
thereof unless the documents or portions thereof are made 
available to the public, free of charge, on an Internet Web 
site.
    DOT Inspectors: DOT currently has only 35 inspectors 
responsible for overseeing more than 300,000 hazmat entities. 
The bill's cut to DOT's hazmat program from more than $42 
million, provided in Fiscal Year 2012, to $39 million annually 
thereafter, will make it even harder for DOT to enforce hazmat 
regulations and ensure public safety.

                           7. Passenger Rail

    We are deeply concerned that H.R. 7 includes several 
provisions that will harm or eliminate freight and passenger 
rail programs, including Amtrak, in a very short-sighted 
approach that ignores our nation's growing infrastructure needs 
and fails to recognize that adequate investment in freight and 
passenger rail is crucial for national economic growth, global 
competitiveness, the environment, and quality of life.
    H.R. 7 eliminates the program that provides capital grants 
for short line and regional railroads (49 U.S.C. 22301). The 
bill also fails to reauthorize the rail line relocation and 
improvement capital grant program, which was authorized in 
SAFETEA-LU through 2009 (49 U.S.C. 20154). In addition, the 
bill eliminates the congestion grant program, which provides 
grants to States and Amtrak for financing the capital costs of 
facilities, infrastructure, and equipment for high priority 
rail corridor projects necessary to reduce congestion or 
facilitate ridership growth in intercity rail passenger 
transportation; this program is currently authorized for $100 
million in 2012 and $100 million for 2013 (49 U.S.C. 24105).
    Amtrak Capital Funding: Consistent with our Republican 
colleagues' long-standing opposition to Amtrak, the bill 
includes several provisions to reduce Federal assistance for 
Amtrak. Last year, Amtrak set a new all-time ridership record 
of nearly 30.2 million passengers for FY 2011, the eighth 
ridership record in the last nine years. We are deeply 
committed to seeing Amtrak continue to succeed and are 
extremely troubled by the efforts of our Republican 
counterparts to continue to try to dismantle and bankrupt our 
national passenger railroad.
    The bill reduces Amtrak's operating grants by nearly $308 
million over the next two years from current levels authorized 
in the Passenger Rail Investment and Improvement Act of 2008 
(Public Law 110-432). Although the bill cuts Amtrak's operating 
grants, it fails to provide a corresponding increase in 
Amtrak's capital grants to help Amtrak upgrade tracks, bridges, 
and other infrastructure; pursue efforts to expand Acela 
Express capacity; advance initial planning work for the Gateway 
Program to provide additional capacity into Manhattan for 
intercity, commuter and high-speed rail services; improve 
station accessibility under requirements of the Americans with 
Disabilities Act; and continue the development of a next-
generation reservation system.
    Prohibition on Amtrak Contracting with Outside Counsel: The 
bill also prevents Amtrak from using its Federal funds to hire 
or contract with outside counsel or file any lawsuit, or defend 
itself, against a passenger rail operator, including a Class I 
railroad. The impact of this prohibition would severely impair 
Amtrak's ability to defend itself and the Federal taxpayer's 
investment. This provision is an open invitation for operators 
to sue Amtrak and an invitation for its competitors to engage 
in illegal activity because Amtrak could do nothing to defend 
itself. It could also have an immediate impact on the safety of 
Amtrak's operations. If, for example, a train operated by 
another entity collided with an Amtrak train--that entity could 
avoid any liability for its wrongdoing and negligence by simply 
suing Amtrak. Given that Amtrak would, at a minimum, be 
precluded from retaining counsel to defend itself or bring a 
counterclaim against the other entity for its malfeasance, 
Amtrak would bear full responsibility for any deaths or 
injuries caused by the other entity--even where it was clear 
that the other operator was solely responsible for the entire 
accident. If the host railroad over which Amtrak operates 
failed to take responsibility for its contractual commitments 
to maintain a safe and reliable right of way, Amtrak would be 
precluded from enforcing its contractual or statutory rights.
    Amtrak is further prohibited from using Federal funds to 
pursue any litigation against a passenger rail operator arising 
from a competitive bid process in which Amtrak and the 
passenger rail operator participated. The Committee has held no 
hearings or briefings on this issue. Some Republican Members 
have raised concerns with a pending case that Amtrak has filed 
against Veolia, claiming Amtrak files frivolous lawsuits 
against its competitors after losing a bid. Nevertheless, to 
date, the U.S. District Court judge handling the case has 
denied all three attempts by Veolia to dismiss the lawsuit, 
including a motion to dismiss, motion for summary judgment, and 
motion for interlocutory appeal; the case is now set for trial.
    Amtrak's Food and Beverage Service: The bill also requires 
the FRA to bid-out Amtrak's food and beverage service to the 
lowest cost bidder. This will result in the elimination of 
2,000 Amtrak jobs, in a so-called ``Jobs Act''. Further, the 
bill allows the FRA to take Federal funding from Amtrak and 
provide it to the winning bidder to cover any losses. The 
winning bidder essentially needs only to claim they will lose 
less money than Amtrak; they are not required to show they will 
turn a profit.
    Bidding out Amtrak Routes: Further, the bill makes 
permanent a pilot program established in PRIIA that allows any 
passenger rail provider to bid for any of Amtrak's routes. The 
bill allows that provider to operate the routes in renewable 
periods of five years. The bidder would be provided the 
operating grants that Amtrak would have gotten to operate over 
the route(s). We fail to see how transferring Amtrak's 
operating grants to a private company creates any savings or 
benefits for the Federal taxpayer.
    Prohibition Against the Use of Funds for California High-
Speed Rail: Finally, the bill prohibits the use of any highway, 
transit, or passenger rail funds to be used for the development 
of high-speed rail in the State of California. The prohibition 
includes innovative financing tools such as Transportation 
Infrastructure Finance and Innovation Act (TIFIA) or Railroad 
Rehabilitation & Improvement Financing (RRIF) loans. We oppose 
this provision. We believe that California needs to find a 
solution to its congestion and we should not prevent the State 
from being able to decide how best to address its 
transportation needs.

                                   Nick J. Rahall II,
                                           Ranking Member.
                                   Peter A. DeFazio.
                                   Corrine Brown.
                                   Timothy H. Bishop.

                                  
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