584 
(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 cer-
tification shall be carried out by the Secretary 
or by private parties at the discretion and au-
thorization 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 stand-
ards issued under paragraphs (1) and (2), 
a motorcoach owner or operator shall en-
sure that at least 50 percent of the 
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motorcoaches used by the owner or oper-
ator comply with either the standards 
issued under paragraph (1) or the stand-
ards issued under paragraph (2), as appro-
priate. 
(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 oper-
ator comply with either of such standards. 
(C) STATE AND LOCAL LAWS.— 
(i) LIABILITY OF MOTORCOACH MANU-
FACTURERS
AND
OWNERS
AND
OPERA-
TORS.—Nothing in this subsection may be 
construed to affect, change, or modify in 
any way the liability, if any, of a motor-
coach 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). 
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(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 effective-
ness 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 Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report detailing the 
results of the study. 
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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 Rep-
resentatives 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 RE-
LATING TO ALCOHOL AND CONTROLLED SUB-
STANCES TESTING OF COMMERCIAL MOTOR 
VEHICLE OPERATORS. 
(a) IN GENERAL.—Chapter 313 is amended by in-
serting after section 31306 the following: 
‘‘§ 31306a. National clearinghouse for records relating 
to alcohol and controlled substances test-
ing 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN
GENERAL.—Subject to the require-
ments of this section, the Secretary of Transpor-
tation shall establish and maintain an information 
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system that will serve as a national clearinghouse for 
records relating to the alcohol and controlled sub-
stances testing program applicable to operators of 
commercial motor vehicles under section 31306. 
‘‘(2) PURPOSES.—The purposes of the clearing-
house shall be— 
‘‘(A) to improve compliance with the re-
quirements 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 commer-
cial motor vehicles. 
‘‘(3) CONTENTS.—The clearinghouse shall be a 
repository of records relating to violations of the 
testing program by individuals submitted to the Sec-
retary 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.— 
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‘‘(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 Sec-
retary shall specify, by regulation, and the informa-
tion 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 pe-
riod; or 
‘‘(B) if the individual has violated the re-
quirements 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 vio-
lated the requirements of the testing program if the 
individual— 
‘‘(A) has a confirmed or verified, as appli-
cable, positive alcohol or controlled substances 
test result under the testing program; 
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‘‘(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 sen-
sitive function for an employer as a full-time regu-
larly employed driver, casual, intermittent, or occa-
sional driver, or leased driver, or independent owner- 
operator contractor of such employer or, as deter-
mined by the Secretary, pursuant to another ar-
rangement. 
‘‘(4) WRITTEN NOTICE THAT CLEARINGHOUSE 
IS OPERATIONAL.—The Secretary shall issue a writ-
ten 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 Regula-
tions, 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 
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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 para-
graph (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 viola-
tions of the testing program by individuals described 
in subsection (b)(3). 
‘‘(2) SPECIFIC REPORTING REQUIREMENTS.—In 
carrying out paragraph (1), the Secretary shall re-
quire, at a minimum— 
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‘‘(A) a medical review officer to report 
promptly, as determined by the Secretary, to 
the clearinghouse— 
‘‘(i) a verified positive controlled sub-
stances test result of an individual under 
the testing program; and 
‘‘(ii) a failure or refusal of an indi-
vidual 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 op-
erator 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 indi-
vidual to provide a specimen for a con-
trolled 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 up-
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dated to include a return-to-duty test result of an in-
dividual under the testing program. 
‘‘(4) INCLUSION
OF
RECORDS
IN
CLEARING-
HOUSE.—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 notifi-
cation to an individual of— 
‘‘(A) a submission of a record to the clear-
inghouse relating to the individual; and 
‘‘(B) any modification or deletion of a 
record in the clearinghouse pertaining to the in-
dividual, including the reason for the modifica-
tion 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 
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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 proc-
ess established under the testing program. 
‘‘(d) ACCESS TO CLEARINGHOUSE BY EMPLOYERS.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a process for an employer to request and receive 
records in the clearinghouse pertaining to an indi-
vidual in accordance with subsection (b). 
‘‘(2) WRITTEN CONSENT OF INDIVIDUALS.—An 
employer shall obtain the written consent of an indi-
vidual before requesting any records in the clearing-
house pertaining to the individual. 
‘‘(3) ACCESS TO RECORDS.—Upon receipt of a 
request for records from an employer under para-
graph (1), the Secretary shall provide the employer 
with access to the records as expeditiously as prac-
ticable. 
‘‘(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 
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‘‘(B) any information received pursuant to 
the request. 
‘‘(5) USE OF RECORDS.— 
‘‘(A) IN GENERAL.—An employer— 
‘‘(i) may obtain from the clearing-
house a record pertaining to an individual 
only for the purpose of determining wheth-
er a prohibition applies with respect to the 
individual to operate a commercial motor 
vehicle or perform any other safety sen-
sitive function under subsection (b)(1); and 
‘‘(ii) may use the record only for such 
purpose. 
‘‘(B) PROTECTION OF PRIVACY OF INDI-
VIDUALS.—An employer that receives a record 
from the clearinghouse pertaining to an indi-
vidual shall protect the privacy of the individual 
and the confidentiality of the record, including 
taking reasonable precautions to ensure that in-
formation contained in the record is not di-
vulged to any person who is not directly in-
volved in determining whether a prohibition ap-
plies with respect to the individual to operate a 
commercial motor vehicle or perform any other 
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safety sensitive function under subsection 
(b)(1). 
‘‘(e) ACCESS
TO
CLEARINGHOUSE
BY
INDIVID-
UALS.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a process for an individual to request and re-
ceive information from the clearinghouse— 
‘‘(A) to learn whether a record pertaining 
to the individual is contained in the clearing-
house; 
‘‘(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 in-
dividual 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 re-
sult. 
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‘‘(3) ACCESS TO RECORDS.—Upon receipt of a 
request for records from an individual under para-
graph (1), the Secretary shall provide the individual 
with access to the records as expeditiously as prac-
ticable. 
‘‘(f) ACCESS TO CLEARINGHOUSE BY CHIEF COM-
MERCIAL DRIVER LICENSING OFFICIALS.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a process for the chief commercial driver licens-
ing official of a State to request and receive records 
pertaining to an individual from the clearinghouse. 
‘‘(2) USE OF INFORMATION.—The chief com-
mercial 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 com-
ply 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 enforce-
ment activities under this chapter. 
‘‘(h) DESIGN OF CLEARINGHOUSE.— 
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‘‘(1) IN GENERAL.—In establishing the clear-
inghouse, the Secretary shall develop a secure proc-
ess for— 
‘‘(A) registration, authorization, and au-
thentication of a user of the clearinghouse; 
‘‘(B) registration, authorization, and au-
thentication of individuals required to report to 
the clearinghouse under subsection (c); 
‘‘(C) preventing information from the 
clearinghouse from being accessed by unauthor-
ized users; 
‘‘(D) timely and accurate electronic sub-
missions 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 re-
lated 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 re-
ceipt, modification, and deletion of records for the 
purposes of auditing and evaluating the timeliness, 
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accuracy, and completeness of data in the clearing-
house. 
‘‘(3) SECURITY
STANDARDS.—The clearing-
house shall be designed and administered in compli-
ance with applicable Department of Transportation 
information technology security standards. 
‘‘(4) INTEROPERABILITY
WITH
OTHER
SYS-
TEMS.—In establishing the clearinghouse and devel-
oping requirements for data to be included in the 
clearinghouse, the Secretary, to the maximum extent 
practicable, shall take into consideration— 
‘‘(A) existing information systems con-
taining regulatory and safety data for motor ve-
hicle operators; 
‘‘(B) the efficacy of using or combining 
clearinghouse data with 1 or more of such sys-
tems; and 
‘‘(C) the potential interoperability of the 
clearinghouse with existing and future informa-
tion systems containing regulatory and safety 
data for motor vehicle operators. 
‘‘(i) PRIVACY.— 
‘‘(1) AVAILABILITY OF CLEARINGHOUSE INFOR-
MATION.—The Secretary shall establish a process to 
make information available from the clearinghouse 
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in a manner that is consistent with this section and 
applicable Federal information and privacy laws, in-
cluding regulations. 
‘‘(2) UNAUTHORIZED INDIVIDUALS.—The Sec-
retary may not provide information from the clear-
inghouse 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 Sec-
retary may collect fees for requests for informa-
tion 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 op-
erating the clearinghouse in that fiscal year, in-
cluding personnel costs. 
‘‘(C) RECEIPTS TO BE CREDITED AS OFF-
SETTING
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 
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‘‘(ii) available without further appro-
priation 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 with-
out 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 accord-
ance with section 521(b). 
‘‘(l) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) CHIEF
COMMERCIAL
DRIVER
LICENSING 
OFFICIAL.—The term ‘chief commercial driver li-
censing official’ means the official in a State who is 
authorized— 
‘‘(A) to maintain a record about a com-
mercial driver’s license issued by the State; and 
‘‘(B) to take action on a commercial driv-
er’s license issued by the State. 
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‘‘(2) CLEARINGHOUSE.—The term ‘clearing-
house’ 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 indi-
vidual who is self-employed) that is subject to De-
partment 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 li-
censed 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 em-
ployee of an employer, who provides services covered 
by part 40 of title 49, Code of Federal Regulations, 
or any successor regulation, to employers or employ-
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ees (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 sub-
stances testing program established under section 
31306.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
such chapter is amended by inserting after the item relat-
ing 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, in-
cluding 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 OPERA-
TORS.—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 
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(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 re-
quirements prescribed by the Secretary for con-
ducting alcohol or controlled substances testing 
under such part or any related regulation of the De-
partment shall be liable to the United States Gov-
ernment 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 require-
ments 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 
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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 ac-
quiring the knowledge and skills referred to in para-
graphs (2) and (3); 
(5) require the issuance of a certification that 
a commercial motor vehicle operator has met the re-
quirements 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: 
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‘‘(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 es-
tablished by the Secretary under section 4042 
of the Motor Carrier Safety, Efficiency, and Ac-
countability Act of 2012;’’. 
SEC. 6403. COMMERCIAL DRIVER’S LICENSE PROGRAM. 
(a) IN GENERAL.—Section 31309(e)(4)(A) is amend-
ed 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 amend-
ed— 
(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: 
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‘‘(22) Before renewing or issuing a commercial 
driver’s license to an individual, the State shall re-
quest 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 com-
plies with applicable Federal information technology 
standards.’’. 
(2) STATE
COMMERCIAL
DRIVER’S
LICENSE 
PROGRAM PLAN.—Section 31311 is amended by add-
ing at the end the following: 
‘‘(d) STATE COMMERCIAL DRIVER’S LICENSE PRO-
GRAM PLAN.— 
‘‘(1) IN GENERAL.—A State shall develop and 
submit to the Secretary for approval a plan for com-
plying with the requirements of subsection (a) in the 
period beginning on the date that the plan is ap-
proved 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 com-
mercial driver’s license program, as identified 
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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 sub-
section (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 Sec-
retary 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. 
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‘‘(5) MODIFICATION OF DISAPPROVED PLANS.— 
If the Secretary disapproves a plan under this sub-
section, the Secretary shall— 
‘‘(A) provide the State a written expla-
nation of the disapproval; and 
‘‘(B) allow the State to modify and resub-
mit the plan for approval. 
‘‘(6) PLAN UPDATES.—The Secretary may re-
quire States to review and update plans, as appro-
priate.’’. 
(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 Sec-
retary determines appropriate.’’. 
(c) GRANTS FOR COMMERCIAL DRIVER’S LICENSE 
PROGRAM IMPLEMENTATION.— 
(1) IN GENERAL.—Section 31313(a) is amend-
ed to read as follows: 
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‘‘(a) GRANTS FOR COMMERCIAL DRIVER’S LICENSE 
PROGRAM IMPLEMENTATION.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation may make a grant to a State in a fiscal year 
to assist the State in complying with the require-
ments of section 31311. 
‘‘(2) ELIGIBILITY.—A State shall be eligible for 
a grant under this subsection if the State has in ef-
fect a commercial driver’s license program plan ap-
proved 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 compli-
ance with the requirements of section 31311 
and this section, to improve its implementation 
of its commercial driver’s license program, in-
cluding expenses— 
‘‘(i) for computer hardware and soft-
ware; 
‘‘(ii) for publications, testing, per-
sonnel, training, and quality control; 
‘‘(iii) for commercial driver’s license 
program coordinators; and 
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‘‘(iv) to establish and implement a 
system to notify an employer of an oper-
ator 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 sat-
isfactory 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); 
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(B) by redesignating subsection (d) as sub-
section (b); and 
(C) by striking subsection (b) (as so redes-
ignated) 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 li-
censes issued in each State; bears to 
‘‘(B) the total number of commercial driv-
er’s licenses issued in all States. 
‘‘(2) MINIMUM APPORTIONMENT.—The appor-
tionment to each State that has in effect a commer-
cial 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 avail-
able to carry out this section.’’. 
(3) CONFORMING
AMENDMENT.—The section 
heading for section 31313 is amended by striking 
‘‘improvements’’ and inserting ‘‘implementa-
tion’’. 
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(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 require-
ments for a commercial driver’s license passenger endorse-
ment to determine what improvements to the knowledge 
test or examination of driving skills are necessary to en-
sure the safe operation of commercial motor vehicles de-
signed or used to transport passengers. 
(b) REPORT.—Not later than 120 days after comple-
tion of the review and assessment under subsection (a), 
the Secretary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate— 
(1) a report on the review and assessment con-
ducted 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 im-
plement the changes. 
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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 ob-
tain 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 exemp-
tion 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. 
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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 con-
sultation with the Secretary of Defense and in cooperation 
with the States, shall establish accelerated licensing proce-
dures to assist veterans to acquire commercial driver’s li-
censes. 
(b) ACCELERATED LICENSING PROCEDURES.—The 
procedures established under subsection (a) shall be de-
signed to be applicable to any veteran who— 
(1) is attempting to acquire a commercial driv-
er’s license; and 
(2) obtained, during military service, driving ex-
perience that, in the determination of the Secretary, 
makes the use of accelerated licensing procedures 
appropriate. 
(c) DEFINITIONS.—In this section, the following defi-
nitions 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 mean-
ing given that term in section 31301 of title 49, 
United States Code. 
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(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 vehi-
cle’’. 
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 Decem-
ber 27, 2011 (in this section referred to as the 
‘‘2011 restart rule’’), applicable to operators of com-
mercial motor vehicles of property subject to max-
imum driving time requirements of the Secretary. 
(2) REQUIREMENT.—The study shall expand 
upon the results of the laboratory-based study relat-
ing to commercial motor vehicle driver fatigue spon-
sored by the Federal Motor Carrier Safety Adminis-
tration presented in the report of December 2010 ti-
tled ‘‘Investigation into Motor Carrier Practices to 
Achieve Optimal Commercial Motor Vehicle Driver 
Performance: Phase I’’. 
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(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’’ de-
veloped 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 Rep-
resentatives 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). 
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(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 es-
tablished in the rule. 
(3) MODIFICATION.— 
(A) IN GENERAL.—If the Secretary deter-
mines 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 Fed-
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eral Regulations, the regulations shall include performance 
standards. 
(b) PERFORMANCE STANDARDS AND CERTIFICATION 
CRITERIA.— 
(1) PERFORMANCE STANDARDS.—Any perform-
ance standards issued under subsection (a) shall en-
sure, at a minimum, that an electronic logging de-
vice installed in a commercial motor vehicle— 
(A) is synchronized to the operation of the 
vehicle engine or provides real-time tracking of 
vehicle location; 
(B) is able to identify each individual who 
operates the vehicle and track the periods dur-
ing which such individual operates the vehicle; 
(C) enables law enforcement personnel to 
access information contained in the recorder 
quickly and easily during a roadside inspection; 
and 
(D) is tamperproof. 
(2) CERTIFICATION CRITERIA.— 
(A) IN GENERAL.—If the Secretary issues 
regulations described in subsection (a), the Sec-
retary, in issuing the regulations, shall establish 
the criteria and a process for the certification 
of electronic logging devices to ensure that such 
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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 es-
tablished 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 Sec-
retary 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 en-
forcement 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; and 
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(C) establish a standard security level for 
electronic logging devices to be tamper resist-
ant. 
(c) ADDITIONAL CONSIDERATIONS.—If the Secretary 
issues regulations described in subsection (a), the Sec-
retary, in issuing the regulations, shall— 
(1) evaluate the ability of electronic logging de-
vice technologies that meet the performance stand-
ards described in subsection (b)— 
(A) to record accurately the time an indi-
vidual 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 documenta-
tion associated with paper-based records of duty sta-
tus 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 
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to audit and review compliance with the Sec-
retary’s hours of service regulations; and 
(3) include such measures as the Secretary de-
termines are necessary to protect the privacy of indi-
viduals whose personal information is contained in 
an electronic logging device. 
(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 sta-
tus 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 log-
ging 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 defi-
nitions apply: 
(1) COMMERCIAL MOTOR VEHICLE.—The term 
‘‘commercial motor vehicle’’ has the meaning given 
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that term in section 31132 of title 49, United States 
Code. 
(2) ELECTRONIC LOGGING DEVICE.—The term 
‘‘electronic logging device’’ means an electronic de-
vice that acquires and stores data showing the 
record of duty status of the vehicle operator and 
performs the functions required in section 395.16(b) 
of title 49, Code of Federal Regulations, as in effect 
on April 5, 2010 (75 Fed. Reg. 17246). 
SEC. 6504. MOTOR CARRIER SAFETY ADVISORY COM-
MITTEE. 
Section 4144(d) of SAFETEA–LU (49 U.S.C. 31100 
note; 119 Stat. 1748) is amended by striking ‘‘shall termi-
nate’’ and all that follows through the period at the end 
and inserting ‘‘shall terminate on September 30, 2017.’’. 
SEC. 6505. TRANSPORTATION OF AGRICULTURAL COMMOD-
ITIES AND FARM SUPPLIES. 
Section 229(a)(1) of the Motor Carrier Safety Im-
provement Act of 1999 (49 U.S.C. 31136 note) is amend-
ed to read as follows: 
‘‘(1) TRANSPORTATION OF AGRICULTURAL COM-
MODITIES 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 
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motor carrier, shall not apply during a planting or 
harvest period of a State, as that period is deter-
mined by the State, to— 
‘‘(A) drivers transporting agricultural com-
modities in the State from the source of the ag-
ricultural 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 whole-
sale or retail distribution point of the farm sup-
plies 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 whole-
sale 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 Transpor-
tation 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, 
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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 CER-
TAIN FARM VEHICLES. 
(a) FEDERAL REQUIREMENTS.—A covered farm ve-
hicle, 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 es-
tablished under chapter 313 of title 49, United 
States Code. 
(3) Any requirement relating to medical certifi-
cates established under— 
(A) subchapter III of chapter 311 of title 
49, United States Code; or 
(B) chapter 313 of title 49, United States 
Code. 
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(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 fund-
ing to a State may not be terminated, limited, or 
otherwise interfered with as a result of the State ex-
empting a covered farm vehicle, including the indi-
vidual operating that vehicle, from any State re-
quirement 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; 
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(II) a ranch owner or operator; 
or 
(III) an employee or family mem-
ber of an individual specified in sub-
clause (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 vehi-
cle 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 
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or ranch with respect to which the vehicle 
is being operated. 
(2) INCLUSION.—In this section, the term ‘‘cov-
ered 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 Tech-
nical 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’’. 
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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 car-
rier safety relating to small trucking companies and inde-
pendent operators, including the extent to which Federal 
motor carrier safety regulation adversely impacts and eco-
nomically 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 fol-
lowing: 
(1) Overall trends in highway crashes involving 
large trucks for the past 2 decades, including a sep-
arate analysis of the annual number of incidents in-
volving 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— 
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(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 in-
experience in highway crashes involving trucks, and 
the degree to which each is a factor in a crash. 
(5) The degree and frequency of such contrib-
uting factors as weather conditions, traffic conges-
tion, daytime or nighttime conditions, variety of road 
and vehicle types, and types of pick-up and delivery 
locations (such as urban, rural, and small metropoli-
tan 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 applica-
tion 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, 
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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, discrep-
ancies in measurements and methodologies, com-
plaints 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 Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on the results of the study, including rec-
ommendations 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 re-
late to the contents of the study may become final or take 
effect before the expiration of the 180-day period begin-
ning on the date the Comptroller General submits to the 
Committees the report described in subsection (c). 
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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 Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the efforts of the Depart-
ment of Transportation to better balance truck competi-
tion and efficiency with safety. 
(b) CONTENTS.—The report shall contain the fol-
lowing: 
(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 Qual-
ity 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 de-
signed to achieve greater flexibility with respect to 
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regulatory compliance, in particular detailing con-
crete steps to reasonably accommodate the needs 
unique to small trucking companies, independent op-
erators, and special load haulers (such as of live-
stock, 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 AGRICUL-
TURAL EQUIPMENT. 
(a) RULEMAKING.—Not later than 2 years after the 
date of enactment of this Act, the Secretary, after con-
sultation with the American Society of Agricultural and 
Biological Engineers, other appropriate Federal agencies, 
and other appropriate persons, shall issue a rule to im-
prove the daytime and nighttime visibility of agricultural 
equipment that may be operated on a public road. Such 
rule shall establish minimum lighting and marking stand-
ards for applicable agricultural equipment manufactured 
1 year or more subsequent to the effective date of the rule. 
Such rule shall provide for methods, materials, specifica-
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tions, 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 Engi-
neers 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 es-
tablished 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
STAND-
ARDS.—No provision of any rule issued pursuant to 
this section shall prohibit the operation on public 
roads of agricultural equipment that is equipped ac-
cording 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 provi-
sion 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 sub-
section (a). 
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(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 defi-
nitions 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 suc-
cessor 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’’; 
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(2) by redesignating subsection (d) as sub-
section (e); 
(3) by inserting after subsection (c) the fol-
lowing: 
‘‘(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 sub-
section, the term ‘motor vehicle’ has the meaning 
given that term in section 13102.’’; and 
(4) in subsection (e) (as redesignated by para-
graph (2) of this subsection)— 
(A) by striking ‘‘A rail carrier’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—A rail carrier’’; 
(B) by striking ‘‘this section’’ and insert-
ing ‘‘subsection (a) or (b)’’; 
(C) by striking ‘‘On learning of a viola-
tion’’ and inserting the following: 
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‘‘(2) TRANSPORTATION OF HORSES IN MULTI-
LEVEL 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 sub-
section (d) for each horse that is transported, 
or caused to be transported, in violation of sub-
section (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 Fed-
eral 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 out-
moded or excessively burdensome. 
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SEC. 6608. ISSUANCE OF SAFETY REGULATIONS. 
The Secretary shall take such actions as may be nec-
essary in fiscal year 2012 to expedite the issuance of safe-
ty 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.—Sec-
tion 4128 of SAFETEA–LU (119 Stat. 1742), and the 
item relating to that section in the table of contents con-
tained in section 1(b) of that Act, are repealed. 
(f) GRANT PROGRAM FOR COMMERCIAL MOTOR VE-
HICLE OPERATORS.—Section 4134 of SAFETEA–LU 
(119 Stat. 1744), and the item relating to that section 
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in the table of contents contained in section 1(b) of that 
Act, are repealed. 
(g) REPORT ON MOTOR CARRIER EMPLOYEE PRO-
TECTIONS.—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 re-
pealed. 
TITLE VII—RESEARCH AND 
EDUCATION 
SEC. 7001. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated out of the Alternative Transpor-
tation 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
DEPLOY-
MENT PROGRAM.—To carry out section 503a of title 
23, United States Code, $60,750,000 for each of fis-
cal years 2013 through 2016. 
(3) TRAINING AND EDUCATION.—To carry out 
section 504 of title 23, United States Code, 
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$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
RE-
SEARCH.—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
STATIS-
TICS.—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 pro-
vided by this Act (including the amendments made by this 
Act) or otherwise determined by the Secretary, and such 
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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 para-
graph (7); 
(2) by redesignating paragraph (1) as para-
graph (2); 
(3) by inserting before paragraph (2) (as so re-
designated) the following: 
‘‘(1) CONNECTED VEHICLE TECHNOLOGY.—The 
term ‘connected vehicle technology’ means the utili-
zation of wireless technology to enable multiple vehi-
cles to communicate information to each other.’’; 
and 
(4) by inserting after paragraph (2) (as so re-
designated) the following: 
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‘‘(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 traf-
fic. 
‘‘(4) INTELLIGENT
TRANSPORTATION
INFRA-
STRUCTURE.—The term ‘intelligent transportation 
infrastructure’ means fully integrated public sector 
intelligent transportation system components, as de-
fined by the Secretary. 
‘‘(5) 
INTELLIGENT
TRANSPORTATION
SYS-
TEM.—The term ‘intelligent transportation system’ 
means electronics, photonics, communications, or in-
formation 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 frame-
work for interoperability that defines— 
‘‘(A) the functions associated with intel-
ligent 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 
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‘‘(D) the communications requirements as-
sociated with the information flows.’’. 
SEC. 7004. SURFACE TRANSPORTATION RESEARCH, DEVEL-
OPMENT, AND TECHNOLOGY. 
(a) IN GENERAL.—Section 502 of title 23, United 
States Code, is amended— 
(1) in the section heading by striking ‘‘re-
search’’ and inserting ‘‘research, develop-
ment, 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 redesig-
nated by clause (i) of this subparagraph) 
by striking ‘‘supports research in which 
there is’’ and inserting ‘‘delivers’’; 
(iv) in subparagraph (D) (as redesig-
nated by clause (i) of this subparagraph) 
by striking ‘‘or’’ after the semicolon; 
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(v) in subparagraph (E) (as redesig-
nated by clause (i) of this subparagraph) 
by striking the period at the end and in-
serting a semicolon; and 
(vi) by adding at the end the fol-
lowing: 
‘‘(F) presents the best means to align re-
sources with multiyear plans and priorities; or 
‘‘(G) ensures the coordination of highway 
research and technology transfer activities, in-
cluding those performed by the university trans-
portation 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 high-
way agencies’’; 
(ii) in subparagraph (C)— 
(I) by striking ‘‘share’’ and in-
serting ‘‘communicate’’; 
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(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 fa-
cilitate 
technology’’ 
and 
inserting 
‘‘lead efforts to coordinate areas of 
national emphasis for highway re-
search, technology,’’; and 
(II) by striking the period at the 
end and inserting a semicolon; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(E) leverage partnerships with industry, 
academia, and other entities; and 
‘‘(F) conduct, facilitate, and support train-
ing and education of current and future trans-
portation professionals.’’; 
(C) in paragraph (4)(C) by striking ‘‘policy 
and planning’’ and inserting ‘‘all highway objec-
tives seeking to improve the performance of the 
transportation system’’; 
(D) in paragraph (5) by inserting ‘‘tribal 
governments,’’ after ‘‘local governments,’’; 
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(E) by striking paragraph (7) and insert-
ing the following: 
‘‘(7) PERFORMANCE
REVIEW
AND
EVALUA-
TION.— 
‘‘(A) IN GENERAL.—To the maximum ex-
tent practicable, all surface transportation re-
search and development projects shall include a 
component of performance measurement and 
evaluation. 
‘‘(B) 
PERFORMANCE
MEASURES.—Per-
formance measures shall be established during 
the proposal stage of a research and develop-
ment 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, out-
come-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 insert-
ing the following: 
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‘‘(4) TECHNOLOGICAL INNOVATION.—The Sec-
retary shall ensure that the programs and activities 
carried out under this chapter are consistent with 
the transportation research and development stra-
tegic 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 AUTHOR-
ITY.—Obligation authority for funds trans-
ferred under this subsection shall be transferred 
in the same manner and amount as the funds 
for projects that are transferred under this sub-
section.’’; and 
(D) by adding at the end the following: 
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‘‘(7) PRIZE COMPETITIONS.— 
‘‘(A) IN GENERAL.—Consistent with sec-
tion 24 of the Stevenson-Wydler Technology In-
novation 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 Transpor-
tation and Infrastructure and Science, 
Space, and Technology of the House of 
Representatives and the Committees on 
Environment and Public Works and Com-
merce, 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 uti-
lized by the Secretary. 
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‘‘(ii) INFORMATION INCLUDED.—A re-
port under this subparagraph shall include, 
for each prize competition under subpara-
graph (A), the following: 
‘‘(I) A description of the pro-
posed goals of each prize competition. 
‘‘(II) An analysis of why the uti-
lization of the authority in subpara-
graph (A) was the preferable method 
of achieving the goals described in 
subclause (I) as opposed to other au-
thorities available to the agency, such 
as contracts, grants, and cooperative 
agreements. 
‘‘(III) The total amount of cash 
prizes awarded for each prize competi-
tion, 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 ac-
counts of the agency for recording as 
obligations and expenditures. 
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‘‘(IV) The methods used for the 
solicitation and evaluation of submis-
sions under each prize competition, 
together with an assessment of the ef-
fectiveness of such methods and les-
sons learned for future prize competi-
tions. 
‘‘(V) A description of the re-
sources, including personnel and fund-
ing, used in the execution of each 
prize competition together with a de-
tailed description of the activities for 
which such resources were used and 
an accounting of how funding for exe-
cution was allocated among the ac-
counts of the agency for recording as 
obligations and expenditures. 
‘‘(VI) A description of how each 
prize competition advanced the mis-
sion of the Department of Transpor-
tation.’’; 
(4) in subsection (c)— 
(A) in paragraph (3)(A)— 
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(i) by striking ‘‘The’’ and inserting 
‘‘Except as otherwise provided in this 
chapter, the’’; 
(ii) by striking ‘‘subsection’’ and in-
serting ‘‘chapter’’; and 
(iii) by striking ‘‘50’’ and inserting 
‘‘80’’; 
(B) in paragraph (4) by striking ‘‘sub-
section’’ 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. 
Section 503 of title 23, United States Code, is 
amended to read as follows: 
‘‘§ 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— 
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‘‘(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 pro-
gram 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 imple-
mentation of State strategic highway safety 
plans under section 148; 
‘‘(E) advance improvements in and use of 
performance prediction analysis for decision-
making; 
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‘‘(F) expand technology transfer to part-
ners and stakeholders; 
‘‘(G) achieve safety benefits through con-
nected vehicle technology; and 
‘‘(H) enhance rural highway safety. 
‘‘(2) ACTIVITIES.—Research and development 
activities carried out under this subsection may in-
clude activities relating to— 
‘‘(A) safety assessments and decision-
making 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 improve-
ments; and 
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‘‘(M) tools and methods to enhance safety 
performance, including achievement of state-
wide safety performance targets. 
‘‘(d) IMPROVING HIGHWAY INFRASTRUCTURE INTEG-
RITY.— 
‘‘(1) OBJECTIVES.—In carrying out the pro-
gram under this section, the Secretary shall improve 
the ability to maintain highway infrastructure integ-
rity, meet user needs, and improve system perform-
ance through targeted Federal transportation invest-
ments to— 
‘‘(A) reduce the number of fatalities attrib-
utable to highway infrastructure design charac-
teristics and work zones; 
‘‘(B) improve the safety of highway infra-
structure; 
‘‘(C) increase the reliability of life-cycle 
performance predictions used in highway infra-
structure design, construction, and manage-
ment; 
‘‘(D) improve the ability of transportation 
agencies to deliver projects that meet expecta-
tions for timeliness, quality, and cost; 
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‘‘(E) reduce user delay attributable to 
highway infrastructure system performance, 
maintenance, rehabilitation, and construction; 
‘‘(F) improve highway condition and per-
formance through increased use of innovative 
pavements during highway design, construction, 
and maintenance; 
‘‘(G) improve highway condition and per-
formance 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 de-
sign, construction, operation, preservation, and 
maintenance; and 
‘‘(I) improve the resiliency of roadways to 
commercial heavy freight traffic. 
‘‘(2) ACTIVITIES.—Research and technology ac-
tivities carried out under this subsection may include 
activities relating to— 
‘‘(A) long-term infrastructure performance 
programs addressing pavements, bridges, tun-
nels, and other structures; 
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‘‘(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 infra-
structure design methods; 
‘‘(E) accelerated highway construction; 
‘‘(F) performance-based specifications; 
‘‘(G) construction and materials quality as-
surance; 
‘‘(H) comprehensive and integrated high-
way infrastructure asset management; 
‘‘(I) technology transfer and adoption of 
permeable, pervious, or porous paving mate-
rials, practices, and systems that are designed 
to minimize environmental impacts, stormwater 
runoff, and flooding and to treat or remove pol-
lutants by allowing stormwater to infiltrate 
through the pavement in a manner similar to 
predevelopment hydrologic conditions; 
‘‘(J) sustainable highway infrastructure 
design and construction; 
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‘‘(K) highway and bridge infrastructure re-
habilitation and preservation techniques, includ-
ing those techniques to address historic infra-
structure; 
‘‘(L) hydraulic, geotechnical, and aero-
dynamic aspects of highway infrastructure; 
‘‘(M) improved highway construction tech-
nologies and practices; 
‘‘(N) improved tools, technologies, and 
models for highway and bridge infrastructure 
management, including assessment and moni-
toring 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
PRODUC-
TIVITY.— 
‘‘(1) OBJECTIVES.—In carrying out the pro-
gram under this section, the Secretary shall examine 
approaches to reduce traffic congestion (including 
freight-related congestion throughout the transpor-
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tation network), reduce the costs of such congestion, 
and improve freight movement. 
‘‘(2) ACTIVITIES.—Research and technology ac-
tivities carried out under this subsection may include 
examination of— 
‘‘(A) active traffic and demand manage-
ment; 
‘‘(B) accelerating deployment of intelligent 
transportation systems; 
‘‘(C) arterial management and traffic sig-
nal 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 oper-
ations; 
‘‘(L) planned special events management; 
‘‘(M) real-time transportation information; 
‘‘(N) road weather management; 
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‘‘(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 pro-
gram under this section, the Secretary shall conduct 
policy analysis on emerging issues in the transpor-
tation community to provide information to policy-
makers and decisionmakers. 
‘‘(2) ACTIVITIES.—Research and technology ac-
tivities carried out under this subsection may include 
activities relating to— 
‘‘(A) highway needs and investment anal-
ysis; 
‘‘(B) analysis of legislative development 
and implementation; 
‘‘(C) highway policy analysis; 
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‘‘(D) the effect of highway congestion on 
the economy; 
‘‘(E) research in emerging policy areas; 
‘‘(F) advancing innovations in revenue gen-
eration, financing, and procurement for project 
delivery; 
‘‘(G) improving project financial and cost 
analysis; 
‘‘(H) highway performance measurement; 
‘‘(I) travel demand performance measure-
ment; and 
‘‘(J) highway finance performance meas-
urement. 
‘‘(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 Infrastruc-
ture 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. 
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‘‘(B) COMPARISON.—Each report under 
subparagraph (A) shall provide the means, in-
cluding all necessary information, to relate and 
compare the conditions and service measures 
used in the previous biennial reports. 
‘‘(g) EXPLORATORY ADVANCED RESEARCH.—In car-
rying 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 break-
throughs in the field of highway transportation. 
‘‘(h) GRANTS, COOPERATIVE AGREEMENTS, AND 
CONTRACTS.— 
‘‘(1) IN GENERAL.—In carrying out the pro-
gram under this section, the Secretary may make 
grants to, and enter into cooperative agreements and 
contracts with, States, other Federal agencies, insti-
tutions 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 ap-
plication shall be in such form and contain such in-
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formation and assurances as the Secretary may re-
quire. 
‘‘(3) TECHNOLOGY AND INFORMATION TRANS-
FER.—The Secretary shall ensure that the informa-
tion and technology resulting from research con-
ducted under this subsection is made available to 
State and local transportation departments and 
other interested parties as specified by the Sec-
retary. 
‘‘(i) TURNER-FAIRBANK HIGHWAY RESEARCH CEN-
TER.— 
‘‘(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 devel-
opment of economical and environmentally sen-
sitive designs, efficient and quality-controlled 
construction practices, and durable materials; 
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‘‘(C) the development of innovative high-
way products and practices; and 
‘‘(D) long-term high-risk research to im-
prove the materials used in highway infrastruc-
ture. 
‘‘(j) CENTERS FOR SURFACE TRANSPORTATION EX-
CELLENCE.— 
‘‘(1) ESTABLISHMENT.—The Secretary may es-
tablish not more than 4 centers for surface transpor-
tation excellence. 
‘‘(2) GOALS.—The goals of the centers for sur-
face 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 
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transaction with the Secretary under this sub-
section, or receiving a grant to perform re-
search or provide technical assistance under 
this subsection, shall be selected on a competi-
tive basis. 
‘‘(B) STRATEGIC
PLAN.—The Secretary 
shall require each center to develop a multiyear 
strategic plan, and submit the plan to the Sec-
retary 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 avail-
able 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 sub-
section.’’. 
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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: 
‘‘§ 503a. Technology and innovation deployment pro-
gram 
‘‘(a) IN GENERAL.—The Secretary, in accordance 
with the strategic plan developed under section 508, shall 
carry out a technology and innovation deployment pro-
gram on all aspects of highway transportation by pro-
moting and facilitating the products, technologies, tools, 
methods, or other findings resulting from highway re-
search conducted under this chapter. 
‘‘(b) OBJECTIVES.—The Secretary shall seek to ad-
vance the following objectives: 
‘‘(1) Significantly accelerate the adoption of in-
novative technologies by the surface transportation 
community. 
‘‘(2) Significantly accelerate the adoption of ad-
vanced modeling technologies, as described in section 
106, by the surface transportation community. 
‘‘(3) Provide leadership and incentives to dem-
onstrate and promote state-of-the-art technologies, 
elevated performance standards, and new business 
practices in highway construction processes that re-
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sult in improved safety, faster construction, reduced 
congestion from construction, and improved quality 
and user satisfaction. 
‘‘(4) Advance longer-lasting highways using in-
novative technologies and practices to accomplish 
more rapid construction of efficient and safe high-
ways and bridges. 
‘‘(5) Improve highway efficiency, safety, mobil-
ity, reliability, service life, and environmental protec-
tion. 
‘‘(6) Develop and deploy new tools, techniques, 
and practices to accelerate the adoption of innova-
tion in all aspects of highway transportation. 
‘‘(c) ACTIVITIES.—The program may include— 
‘‘(1) activities conducted under section 503; 
‘‘(2) other technologies and innovations requir-
ing additional development and testing not per-
formed under section 503 but necessary to bring 
about successful deployment and delivery; and 
‘‘(3) developing and improving innovative tech-
nologies and practices and exploring new tech-
nologies to accelerate innovation adoption. 
‘‘(d) GRANTS, COOPERATIVE AGREEMENTS, AND 
CONTRACTS.— 
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‘‘(1) IN
GENERAL.—Under the program, the 
Secretary may make grants to, and enter into coop-
erative 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 ap-
plication shall be in such form and contain such in-
formation and assurances as the Secretary may re-
quire. 
‘‘(3) TECHNOLOGY AND INFORMATION TRANS-
FER.—The Secretary shall ensure that the informa-
tion and technology resulting from research con-
ducted under this subsection is made available to 
State and local transportation departments and 
other interested parties as specified by the Sec-
retary. 
‘‘(e) DEPLOYMENT OF FUTURE STRATEGIC HIGH-
WAY RESEARCH PROGRAM RESULTS AND PRODUCTS.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the American Association of State High-
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way 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 Transpor-
tation Research Board of the National Academy of 
Sciences. 
‘‘(2) STRATEGY
OF
PROMOTION.—The Sec-
retary, to the extent practicable, shall base the de-
ployment of research results and products described 
in paragraph (1) on the recommendations included 
in the Transportation Research Board Special Re-
port 296 entitled ‘Implementing the Results of the 
Second Strategic Highway Research Program: Sav-
ing 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 fol-
lowing: 
‘‘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 subpara-
graph (A) and inserting the following: 
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‘‘(A) Federal Highway Administration em-
ployees, 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 CEN-
TERS.—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 ac-
tivities carried out by the tribal technical assist-
ance 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); 
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(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 semi-
colon; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(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 
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(7) in the heading of subsection (e) (as redesig-
nated by paragraph (4) 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 DEVELOP-
MENT STRATEGIC PLANNING. 
Section 508(a) of title 23, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘SAFETEA-LU’’ and in-
serting ‘‘American Energy and Infrastructure 
Jobs Act of 2012’’; and 
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(B) by adding ‘‘, acting through the Ad-
ministrator of the Research and Innovative 
Technology Administration,’’ after ‘‘Secretary’’; 
and 
(2) in paragraph (2)(A)(iii) by striking ‘‘pro-
moting security’’ and inserting ‘‘improving goods 
movement’’. 
SEC. 7012. NATIONAL COOPERATIVE FREIGHT TRANSPOR-
TATION 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 PRO-
GRAM. 
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 SYS-
TEMS 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 sys-
tems’’; and 
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(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 TRANSPOR-
TATION 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 sys-
tems’’; 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 Infrastruc-
ture 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.’’. 
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SEC. 7016. INTELLIGENT TRANSPORTATION SYSTEMS PRO-
GRAM GOALS AND PURPOSES. 
(a) IN GENERAL.—Chapter 5 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 514. Intelligent transportation systems program 
goals and purposes 
‘‘(a) GOALS.—The goals of the intelligent transpor-
tation system program include— 
‘‘(1) enhancement of surface transportation ef-
ficiency and facilitation of intermodalism and inter-
national 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 sys-
tem users; 
‘‘(2) achievement of national transportation 
safety goals, including the enhancement of safe oper-
ation 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 
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State and local governments to achieve national en-
vironmental goals; 
‘‘(4) accommodation of the needs of all users of 
surface transportation systems, including operators 
of commercial motor vehicles, passenger motor vehi-
cles, motorcycles, and bicycles and pedestrians, in-
cluding individuals with disabilities; and 
‘‘(5) improvement of the Nation’s ability to re-
spond to emergencies and natural disasters. 
‘‘(b) PURPOSES.—The Secretary shall implement ac-
tivities under the intelligent system transportation pro-
gram 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 oper-
ations planning for effective intelligent transpor-
tation system deployment; 
‘‘(4) promote the innovative use of private re-
sources; 
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‘‘(5) facilitate, in cooperation with the motor 
vehicle industry, the introduction of vehicle-based 
safety enhancing systems; 
‘‘(6) support the application of intelligent trans-
portation systems that increase the safety and effi-
ciency 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 sys-
tems.’’. 
(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 PRO-
GRAM 
GENERAL 
AUTHORITIES 
AND 
RE-
QUIREMENTS. 
(a) IN GENERAL.—Chapter 5 of title 23, United 
States Code, is further amended by adding at the end the 
following: 
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‘‘§ 515. Intelligent transportation systems program 
general authority and requirements 
‘‘(a) SCOPE.—Subject to the provisions of this chap-
ter, 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 transpor-
tation systems of the United States. 
‘‘(b) POLICY.—Intelligent transportation system re-
search projects and operational tests funded pursuant to 
this chapter shall encourage and not displace public-pri-
vate partnerships or private sector investment in such 
tests and projects. 
‘‘(c) COOPERATION WITH GOVERNMENTAL, PRI-
VATE, AND EDUCATIONAL ENTITIES.—The Secretary 
shall carry out the intelligent transportation system pro-
gram 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 univer-
sities and other minority institutions of higher education. 
‘‘(d) CONSULTATION WITH FEDERAL OFFICIALS.— 
In carrying out the intelligent transportation system pro-
gram, the Secretary shall consult with the heads of other 
Federal departments and agencies, as appropriate. 
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‘‘(e) TECHNICAL ASSISTANCE, TRAINING, AND IN-
FORMATION.—The Secretary may provide technical assist-
ance, training, and information to State and local govern-
ments seeking to implement, operate, maintain, or evalu-
ate intelligent transportation system technologies and 
services. 
‘‘(f) TRANSPORTATION PLANNING.—The Secretary 
may provide funding to support adequate consideration of 
transportation systems management and operations, in-
cluding intelligent transportation systems, within metro-
politan 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 chap-
ter; 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 
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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.—Infor-
mation in the repository shall not be subject to sec-
tions 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. 
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(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 require-
ments.’’. 
SEC. 7018. INTELLIGENT TRANSPORTATION SYSTEMS RE-
SEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—Chapter 5 of title 23, United 
States Code, is further amended by adding at the end the 
following: 
‘‘§ 516. Intelligent transportation systems research 
and development 
‘‘(a) IN GENERAL.—The Secretary shall carry out a 
comprehensive program of intelligent transportation sys-
tem research, development, and operational tests of intel-
ligent vehicles and intelligent infrastructure systems and 
other similar activities that are necessary to carry out this 
chapter. 
‘‘(b) PRIORITY AREAS.—Under the program, the Sec-
retary 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 infor-
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mation, or highway operations systems and remote 
sensing products; 
‘‘(2) utilize interdisciplinary approaches to de-
velop traffic management strategies and tools to ad-
dress multiple impacts of congestion concurrently; 
‘‘(3) address traffic management, incident man-
agement, transit management, toll collection traveler 
information, or highway operations systems; 
‘‘(4) incorporate research on the impact of envi-
ronmental, weather, and natural conditions on intel-
ligent 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 op-
erations, and infrastructure-based or cooperative 
safety systems; and 
‘‘(7) facilitate the integration of intelligent in-
frastructure, vehicle, and control technologies.’’. 
(b) REPEAL.—Section 5306 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy 
for Users is repealed. 
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(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 NA-
TIONAL ARCHITECTURE AND STANDARDS. 
(a) IN GENERAL.—Chapter 5 of title 23, United 
States Code, is further amended by adding at the end the 
following: 
‘‘§ 517. Intelligent transportation systems national ar-
chitecture 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 tech-
nology as a component of the surface transportation 
systems of the United States. 
‘‘(2) INTEROPERABILITY AND EFFICIENCY.—To 
the maximum extent practicable, the national archi-
tecture shall promote interoperability among, and ef-
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ficiency of, intelligent transportation system tech-
nologies implemented throughout the United States. 
‘‘(3) USE OF STANDARDS DEVELOPMENT ORGA-
NIZATIONS.—In carrying out this section, the Sec-
retary shall use the services of such standards devel-
opment 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 trans-
portation system standard jeopardizes the timely 
achievement of the objectives identified in subsection 
(a), the Secretary may establish a provisional stand-
ard, after consultation with affected parties, using, 
to the extent practicable, the work product of appro-
priate standards development organizations. 
‘‘(2) PERIOD
OF
EFFECTIVENESS.—A provi-
sional standard established under paragraph (1) 
shall be published in the Federal Register and re-
main in effect until the appropriate standards devel-
opment organization adopts and publishes a stand-
ard. 
‘‘(c) CONFORMITY
WITH
NATIONAL
ARCHITEC-
TURE.— 
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‘‘(1) IN GENERAL.—Except as provided in para-
graphs (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 Sec-
retary may authorize exceptions to paragraph (1) 
for— 
‘‘(A) projects designed to achieve specific 
research objectives outlined in the national in-
telligent transportation system program plan or 
the surface transportation research and devel-
opment strategic plan developed under section 
508; or 
‘‘(B) the upgrade or expansion of an intel-
ligent transportation system in existence on the 
date of enactment of the SAFETEA-LU if the 
Secretary determines that the upgrade or ex-
pansion— 
‘‘(i) would not adversely affect the 
goals or purposes of this chapter; 
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‘‘(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 con-
formity 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 sys-
tems of the United States; and 
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‘‘(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 CEN-
TERS. 
Section 5505 of title 49, United States Code, and the 
item relating to such section in the analysis of chapter 
55 of such title, is repealed. 
SEC. 7021. UNIVERSITY TRANSPORTATION RESEARCH. 
Section 5506 of title 49, United States Code, is 
amended— 
(1) in subsection (b)(1) by adding ‘‘that is con-
sistent 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’’; 
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(B) in paragraph (1)— 
(i) in the heading by striking ‘‘RE-
GIONAL AND TIER I CENTERS’’ and insert-
ing ‘‘REGIONAL
AND
STANDARD
CEN-
TERS’’; 
(ii) in the matter preceding subpara-
graph (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 (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 Amer-
ican Energy and Infrastructure Jobs Act of 
2012, and every 4 years thereafter’’; 
(B) in paragraph (5)— 
(i) in subparagraph (B) by striking 
‘‘and’’; 
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(ii) in subparagraph (C) by striking 
the period and adding ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(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 SYS-
TEMS.—The Secretary shall make a grant to 1 
of the 10 regional university transportation cen-
ters established under subsection (c) (other 
than the center described in subparagraph (A)) 
for the purpose of furthering the objectives de-
scribed in subsection (b) in the field of intel-
ligent transportation systems.’’; 
(4) in subsection (f)— 
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(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 En-
ergy and Infrastructure Jobs Act of 2012, 
and every 4 years thereafter’’; and 
(ii) by striking ‘‘10 Tier I’’ and in-
serting ‘‘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 in-
serting ‘‘$2,000,000’’; 
(ii) by striking ‘‘2005 through 2009’’ 
and inserting ‘‘2013 through 2016’’; and 
(iii) by striking ‘‘Tier I’’ and inserting 
‘‘standard’’; 
(5) by striking subsection (g) and redesignating 
subsections (h) through (m) as subsections (g) 
through (l), respectively; 
(6) in subsection (h) (as redesignated by para-
graph (5) of this section)— 
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(A) by striking ‘‘MAINTENANCE
OF EF-
FORT.—’’and all that follows through ‘‘In order 
to be’’ and inserting ‘‘MAINTENANCE OF EF-
FORT.—In order to be’’; and 
(B) by striking paragraph (2); and 
(7) in subsection (i) (as redesignated by para-
graph (5) of this section)— 
(A) by striking ‘‘50’’ and inserting ‘‘65’’; 
and 
(B) by striking ‘‘503’’ and inserting 
‘‘503A’’. 
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.—Col-
lecting, compiling, analyzing, and publishing a com-
prehensive set of transportation statistics on the per-
formance 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; 
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‘‘(C) the extent, connectivity, and condition 
of the transportation system, building on the 
national transportation atlas database devel-
oped under subsection (g); 
‘‘(D) economic efficiency across the entire 
transportation sector; 
‘‘(E) the effects of the transportation sys-
tem on global and domestic economic competi-
tiveness; 
‘‘(F) demographic, economic, and other 
variables influencing travel behavior, including 
choice of transportation mode and goods move-
ment; 
‘‘(G) transportation-related variables that 
influence the domestic economy and global 
competiveness; 
‘‘(H) economic costs and impacts for pas-
senger 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: 
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‘‘(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 re-
quest and subject to any statutory or regulatory restric-
tions, to all such data held by any other Federal Govern-
ment agency, that is germane to carrying out subsection 
(c).’’; 
(3) in subsection (n) by striking ‘‘Mass Tran-
sit’’ 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 Ad-
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ministration to carry out the coordination, evaluation, and 
oversight of the programs administered by the Administra-
tion. 
‘‘(g) COLLABORATIVE RESEARCH
AND DEVELOP-
MENT.— 
‘‘(1) IN
GENERAL.—To encourage innovative 
solutions to multimodal transportation problems and 
stimulate the deployment of new technology, the Ad-
ministrator may carry out, on a cost-shared basis, 
collaborative research and development with— 
‘‘(A) non-Federal entities, including State 
and local governments, foreign governments, in-
stitutions of higher education, corporations, in-
stitutions, 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 con-
tracts, grants, cooperative research and development 
agreements (as defined in section 12 of the Steven-
son-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3710a)), and other agreements to fund, and 
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accept funds from, the Transportation Research 
Board of the National Research Council of the Na-
tional Academy of Sciences, State departments of 
transportation, cities, counties, institutions of higher 
education, associations, and the agents of those enti-
ties to carry out joint transportation research and 
technology efforts. 
‘‘(3) FEDERAL SHARE.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (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 deter-
mines that the activity is of substantial public 
interest or benefit, the Secretary may approve 
a greater Federal share. 
‘‘(C) NON-FEDERAL SHARE.—All costs di-
rectly incurred by the non-Federal partners, in-
cluding personnel, travel, facility, and hardware 
development costs, shall be credited toward the 
non-Federal share of the cost of an activity de-
scribed in subparagraph (A). 
‘‘(4) USE OF TECHNOLOGY.—The research, de-
velopment, or use of a technology under a contract, 
grant, cooperative research and development agree-
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ment, or other agreement entered into under this 
subsection, including the terms under which the 
technology may be licensed and the resulting royal-
ties may be distributed, shall be subject to the Ste-
venson-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, Ac-
countable, 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, Effi-
cient 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’’. 
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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 chap-
ter 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 ‘‘CAP-
ITAL
INVESTMENT
GRANTS
TO
SUPPORT 
INTERCITY PASSENGER RAIL SERVICE’’ and in-
serting ‘‘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; 
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(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 oper-
ator of its service competitively, that the applicant 
provide’’ and inserting ‘‘that the applicant shall se-
lect the proposed operator of its service competi-
tively, 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 ‘‘sub-
section 
(c)(1)(A)’’ 
and 
inserting 
‘‘subsection 
(b)(1)(A)’’; 
(7) in subsection (d), as so redesignated by 
paragraph (3) of this subsection, by striking ‘‘sub-
section (g)’’ and inserting ‘‘subsection (f)’’; 
(8) in subsection (e)(2), as so redesignated by 
paragraph (3) of this subsection, by striking ‘‘sub-
section (c)’’ and inserting ‘‘subsection (b)’’; 
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(9) in subsection (f), as so redesignated by 
paragraph (3) of this subsection, by striking para-
graphs (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 obli-
gated within 3 years after the date on which the 
State is awarded the grant, such amount shall be re-
scinded 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: 
‘‘Intercity passenger rail capital grants to States.’’. 
Subtitle B—Amtrak Reforms 
SEC. 8101. AUTHORIZATION FOR AMTRAK OPERATING EX-
PENSES. 
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— 
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(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 sub-
section: 
‘‘(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 out-
side 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 pur-
suing in any Federal or State court any cause 
of action against a passenger rail service pro-
vider arising from a competitive bid process in 
which Amtrak and the passenger rail service 
provider participated. 
‘‘(2) DEFINITIONS.—For the purposes of this 
subsection— 
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‘‘(A) the term ‘outside legal professional’ 
means any individual, corporation, partnership, 
limited liability corporation, limited liability 
partnership, or other private entity in the busi-
ness of providing legal services that is not em-
ployed on a full-time basis solely by Amtrak; 
and 
‘‘(B) the term ‘passenger rail service pro-
vider’ means any company, partnership, or 
other public or private entity that operates pas-
senger 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 consid-
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ered as statements under section 3729(a)(1)(B) and (G) 
of title 31, United States Code. 
(c) LIMITATION.—Subsections (a) and (b) shall be ef-
fective 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 in-
serting after section 24316 the following: 
‘‘§ 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 sec-
tion 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 ADMINIS-
TRATION.—The Inspector General of Amtrak may obtain 
from the Administrator of General Services, and the Ad-
ministrator shall provide to the Inspector General, services 
under sections 502(a) and 602 of title 40, including travel 
programs. 
‘‘(c) QUALIFIED IMMUNITY.— 
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‘‘(1) IN GENERAL.—An employee of the Amtrak 
Office of Inspector General shall enjoy the same per-
sonal qualified immunity from lawsuit or liability as 
the employees of other inspectors general that oper-
ate under authority of the Inspector General Act of 
1978 with respect to the performance of investiga-
tive, 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 ac-
tions of the Amtrak Office of Inspector General, its 
employees, agents, or representatives.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions 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: 
‘‘§ 24310. Management accountability 
‘‘(a) IN GENERAL.—Promptly after the date of enact-
ment 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 Im-
provement Act of 2008, the Inspector General of the De-
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partment of Transportation shall complete an overall as-
sessment 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 fi-
nancial accounting; 
‘‘(3) efforts to implement minimum train per-
formance 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 re-
view.’’. 
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 reve-
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nues 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 para-
graph (6), food and beverage service may be pro-
vided on Amtrak trains only by a bidder selected by 
the Federal Railroad Administration under para-
graph (5). The Federal Railroad Administration may 
consult with and obtain assistance from the General 
Services Administration in carrying out this sub-
section. 
‘‘(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 provi-
sion of food and beverage service on Amtrak trains 
on the national rail passenger transportation system 
for each of subparagraphs (A) through (D) of sec-
tion 24102(5). 
‘‘(3) DEADLINES.— 
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‘‘(A) SUBMITTAL OF BIDS.—Bids for the 
provision of food and beverage service on Am-
trak trains pursuant to the requests for pro-
posals issued under paragraph (2) shall be sub-
mitted 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 rel-
evant 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 pro-
posals 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 re-
sponds to the request for proposals issued under 
paragraph (2), Amtrak, after transmitting to the 
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Federal Railroad Administration and the Congress 
an explanation of the reasons for the need of an ex-
emption, may request from the Federal Railroad Ad-
ministration, and the Federal Railroad Administra-
tion 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 Am-
trak trains any portion of appropriations for Amtrak 
necessary to cover a net loss resulting from the pro-
vision of such service, but only to the extent that 
such net loss was anticipated in the bid selected.’’. 
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. 
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‘‘22909. State assumption of responsibility for categorical exclusions. 
‘‘22910. Rail project delivery program. 
‘‘22911. Exemption in emergencies. 
‘‘§ 22901. Applicability 
‘‘The provisions of this chapter— 
‘‘(1) shall be applicable to any freight or inter-
city 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 Admin-
istration through a grant, contract, loan, or other fi-
nancing instrument; 
‘‘(2) shall be broadly construed; and 
‘‘(3) may be applied by the Secretary to any 
class or program of such projects. 
‘‘§ 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 re-
quired to be prepared under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(3) ENVIRONMENTAL LAW.—The term ‘envi-
ronmental law’ includes any law that provides proce-
dural or substantive protection, as applicable, for the 
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natural or built environment with regard to the con-
struction and operation of transportation projects. 
‘‘(4) ENVIRONMENTAL REVIEW PROCESS.— 
‘‘(A) IN
GENERAL.—The term ‘environ-
mental review process’ means the process for 
preparing for a rail project an environmental 
impact statement, environmental assessment, 
categorical exclusion, or other document pre-
pared under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(B) INCLUSIONS.—The term ‘environ-
mental 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 environ-
mental 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 
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Federal Water Pollution Control Act (33 U.S.C. 
1344), section 106 of the National Historic Preser-
vation Act (16 U.S.C. 470f), and sections 7(a)(2), 
9(a)(1)(B), and 10(a)(1)(B) of the Endangered Spe-
cies 
Act 
of 
1973 
(16 
U.S.C. 
1536(a)(2), 
1538(a)(1)(B), 1539(a)(1)(B)). 
‘‘(6) FEDERAL LEAD AGENCY.—The term ‘Fed-
eral lead agency’ means the Department of Trans-
portation. 
‘‘(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 ap-
plicable, any joint lead agency. 
‘‘(9) PLANNING PRODUCT.—The term ‘planning 
product’ means any decision, analysis, study, or 
other documented result of an evaluation or deci-
sionmaking process carried out during rail and 
transportation planning. 
‘‘(10) PROJECT SPONSOR.—The term ‘project 
sponsor’ means the State agency or other entity, in-
cluding any private or public-private entity, that 
seeks approval of the Secretary for a rail project. 
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‘‘(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 mean-
ing given that term in section 22701(3). 
‘‘(14) 
STATE
TRANSPORTATION
DEPART-
MENT.—The term ‘State transportation department’ 
means any statewide agency of a State with respon-
sibility for one or more modes of transportation. 
‘‘§ 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 state-
ment 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. 
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‘‘(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 pur-
poses 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 re-
quest of a State, the Secretary may modify the pro-
cedures developed under this section to encourage 
programmatic approaches and strategies with re-
spect 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 Sec-
retary shall designate a single modal administration 
to serve as the Federal lead agency for the Depart-
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ment 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 AGEN-
CY.—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 Transpor-
tation for purposes of preparing any environmental 
document under the National Environmental Policy 
Act of 1969 and may prepare any such environ-
mental 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 doc-
ument 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 re-
sults in Federal funding. 
‘‘(4) ENSURING COMPLIANCE.—The Secretary 
shall ensure that a project sponsor complies with all 
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design and mitigation commitments made jointly by 
the Secretary and the project sponsor in any envi-
ronmental 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 re-
quired environmental impact statement or other 
document required to be completed under the 
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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 iden-
tify, as early as practicable in the environmental re-
view 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— 
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‘‘(A) has no jurisdiction or authority with 
respect to the rail project; 
‘‘(B) has no expertise or information rel-
evant 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 par-
ticipating agency under this subsection shall not 
imply that the participating agency— 
‘‘(i) supports a proposed rail project; 
or 
‘‘(ii) has any jurisdiction over, or spe-
cial 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 con-
tained in part 1500 of title 40, Code of Federal Reg-
ulations. 
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‘‘(6) DESIGNATIONS FOR CATEGORIES OF RAIL 
PROJECTS.—The Secretary may exercise the authori-
ties granted under this subsection for a rail project, 
class of rail projects, or program of rail projects. 
‘‘(7) CONCURRENT
REVIEWS.—Each partici-
pating 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 administra-
tive, policy, and procedural mechanisms to en-
able the agency to ensure completion of the en-
vironmental review process in a timely, coordi-
nated, and environmentally responsible manner. 
‘‘(d) RAIL PROJECT INITIATION.—The project spon-
sor 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 sat-
isfy this requirement by submitting to the Secretary a 
draft notice for publication in the Federal Register an-
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nouncing 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 ob-
jectives 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 devel-
opment, or growth objectives established in ap-
plicable Federal, State, local, or tribal plans; 
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‘‘(C) serving national defense, national se-
curity, or other national objectives, as estab-
lished in Federal laws, plans, or policies; and 
‘‘(D) serving the purpose for which the ap-
plicable grant, contract, loan, or other financing 
program was established. 
‘‘(4) ALTERNATIVES ANALYSIS.— 
‘‘(A) PARTICIPATION.—As early as prac-
ticable 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 partici-
pation under paragraph (1), the lead agen-
cy shall determine the range of alternatives 
for consideration in any document which 
the lead agency is responsible for pre-
paring for the rail project. 
‘‘(ii) RESTRICTION.—A Federal agen-
cy may not require the evaluation of any 
alternative that was evaluated, but not 
adopted— 
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‘‘(I) in any prior State or Fed-
eral environmental document with re-
gard 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 environ-
mental document complies with the re-
quirements 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 meth-
odologies to those issues that are within 
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the authority and expertise of such partici-
pating agency. 
‘‘(iii) STUDIES.—The lead agency may 
not conduct studies proposed by any par-
ticipating 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 al-
ternative for a rail project, after being identi-
fied, may be developed to a higher level of detail 
than other alternatives in order to facilitate the 
development of mitigation measures or concur-
rent compliance with other applicable laws if 
the lead agency determines that the develop-
ment of such higher level of detail will not pre-
vent the lead agency from making an impartial 
decision as to whether to accept another alter-
native which is being considered in the environ-
mental review process. 
‘‘(E) LIMITATIONS
ON
THE
EVALUATION 
OF IMPACTS EVALUATED IN PRIOR ENVIRON-
MENTAL DOCUMENTS.— 
‘‘(i) IN GENERAL.—The lead agency 
may not reevaluate, and a Federal agency 
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may not require the reevaluation of, cumu-
lative impacts or growth-inducing impacts 
where such impacts were previously evalu-
ated in— 
‘‘(I) a rail transportation plan or 
program; 
‘‘(II) a prior environmental docu-
ment approved by the Secretary; or 
‘‘(III) a prior State environ-
mental 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 eval-
uation 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 
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the participating agency submits an objection to 
the lead agency in writing within 30 days after 
receiving notice of the lead agency’s determina-
tion and specifies the statutory basis for the ob-
jection. 
‘‘(B) ADOPTION OF DETERMINATION.—If 
the participating agency concurs or does not ob-
ject within the 30-day period, the participating 
agency shall adopt the lead agency’s determina-
tion 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 en-
vironmental review process for a rail project, 
category of rail projects, or program of rail 
projects. The coordination plan may be incor-
porated into a memorandum of understanding. 
‘‘(B) SCHEDULE.— 
‘‘(i) IN GENERAL.—The lead agency 
may establish as part of the coordination 
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plan, after consultation with each partici-
pating agency for the rail project and with 
each State in which the rail project is lo-
cated (and, if the State is not the project 
sponsor, with the project sponsor), a 
schedule for completion of the environ-
mental review process for the rail project. 
‘‘(ii) 
FACTORS
FOR
CONSIDER-
ATION.—In establishing the schedule, the 
lead agency shall consider factors such 
as— 
‘‘(I) the responsibilities of par-
ticipating 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 PE-
RIODS.—A schedule under subparagraph (B) 
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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 sched-
ule established under subparagraph (B), and of 
any modifications to the schedule, shall be— 
‘‘(i) provided to all participating agen-
cies and to the State transportation de-
partment of each State in which the rail 
project is located (and, if the State is not 
the project sponsor, to the project spon-
sor); 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: 
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‘‘(A) For comments by agencies and the 
public on a draft environmental impact state-
ment, 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 agen-
cies; or 
‘‘(ii) the deadline is extended by the 
lead agency for good cause. 
‘‘(B) For all other comment periods estab-
lished by the lead agency for agency or public 
comments in the environmental review process, 
a period of no more than 30 days from avail-
ability of the materials on which comment is re-
quested, unless— 
‘‘(i) a different deadline is established 
by agreement of the lead agency, the 
project sponsor, and all participating agen-
cies; or 
‘‘(ii) the deadline is extended by the 
lead agency for good cause. 
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‘‘(3) 
DEADLINES
FOR
DECISIONS
UNDER 
OTHER LAWS.— 
‘‘(A) PRIOR
APPROVAL
DEADLINE.—If a 
participating agency is required to make a de-
termination 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 environ-
mental impact statement or other final environ-
mental document, or no later than such other 
date that is otherwise required by law, which-
ever occurs first. 
‘‘(B) OTHER DEADLINES.—With regard to 
any determination or approval of a partici-
pating agency that is not subject to subpara-
graph (A), each participating agency shall make 
any required determination regarding or other-
wise approve or disapprove the rail project no 
later than 90 days after the date that the lead 
agency approves the record of decision or find-
ing of no significant impact for the rail project, 
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or not later than such other date that is other-
wise 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 Fed-
eral 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 Sec-
retary 
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 ac-
cordance with this section to identify and resolve 
issues that could delay completion of the environ-
mental review process or could result in denial of 
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any approvals required for the rail project under ap-
plicable 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 environ-
mental 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 ge-
ographic information systems mapping. 
‘‘(3) PARTICIPATING
AGENCY
RESPONSIBIL-
ITIES.—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 socio-
economic impacts. In this paragraph, issues of con-
cern 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 AGEN-
CIES.—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 
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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 re-
quired 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 meet-
ing 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 Sen-
ate, the Committee on Transportation and In-
frastructure 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 recon-
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sider 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 not-
withstanding that the agencies agreed to 
such resolution prior to the approval of the 
environmental document. 
‘‘(h) STREAMLINED DOCUMENTATION
AND DECI-
SIONMAKING.— 
‘‘(1) IN GENERAL.—The lead agency in the en-
vironmental review process for a rail project, in 
order to reduce paperwork and expedite decision-
making, shall prepare a condensed final environ-
mental 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 sec-
tions of the draft environmental impact state-
ment as appropriate; and 
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‘‘(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 envi-
ronmental 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 im-
pact statement or is a modification of such pre-
ferred alternative that was developed in re-
sponse 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 meas-
ures applicable to the approved alternative that 
are identified in the final environmental impact 
statement. 
‘‘(i) SUPPLEMENTAL ENVIRONMENTAL REVIEW AND 
RE-EVALUATION.— 
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‘‘(1) SUPPLEMENTAL
ENVIRONMENTAL
RE-
VIEW.—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 evalu-
ated 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 pre-
pared 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 Sec-
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retary may not require the record of decision to be 
changed based solely because of a change in the fis-
cal 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 FED-
ERAL AGENCIES.— 
‘‘(1) IN GENERAL.—For a rail project that is 
subject to the environmental review process estab-
lished under this section and for which funds are 
made available to a State under funding programs 
administered by the Federal Railroad Administra-
tion, the Secretary may approve a request by the 
State to provide such funds to affected Federal 
agencies (including the Department of Transpor-
tation), State agencies, and Indian tribes partici-
pating 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 sup-
port activities that directly and meaningfully con-
tribute to expediting and improving transportation 
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or rail project planning and delivery for rail projects 
in that State. 
‘‘(2) ACTIVITIES ELIGIBLE FOR FUNDING.—Ac-
tivities for which funds may be provided under para-
graph (1) include transportation planning activities 
that precede the initiation of the environmental re-
view 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 
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‘‘(B) establish methodologies and proce-
dures for evaluating the environmental impacts, 
including cumulative impacts and growth-induc-
ing impacts, of rail projects subject to this sec-
tion. 
‘‘(2) COMPLIANCE
WITH
APPLICABLE
LAW.— 
Any environmental document that utilizes the meth-
odologies and procedures established under this sub-
section shall be deemed to comply with the applica-
ble requirements of— 
‘‘(A) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) or its im-
plementing 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 ap-
proval 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 an-
nouncing that the permit, license, or approval is 
final pursuant to the law under which the agency ac-
tion is taken, unless a shorter time is specified in 
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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 an-
nouncing such action. 
‘‘(n) LIMITATIONS ON JUDICIAL RELIEF.—Notwith-
standing any other provision of law, the following limita-
tions shall apply to actions brought before a court in con-
nection 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 per-
son alleging a violation of— 
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‘‘(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 environ-
mental law if such Federal law is identified in 
the draft environmental impact statement, un-
less 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 environ-
mental impact statement; or 
‘‘(B) any other law with regard to the rail 
project unless such person provided written no-
tice to the applicable approving agency of the 
alleged violation of law, and the facts sup-
porting 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 ac-
tion if they are acting within the scope of their offi-
cial duties. 
‘‘§ 22904. Integration of planning and environmental 
review 
‘‘(a) ADOPTION OF PLANNING PRODUCTS FOR USE 
IN NEPA PROCEEDINGS.— 
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‘‘(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 pro-
ceedings relating to any class of action in the envi-
ronmental review process of the rail project. 
‘‘(2) PARTIAL ADOPTION OF PLANNING PROD-
UCTS.—The Federal lead agency may adopt a plan-
ning product under paragraph (1) in its entirety or 
may select portions for adoption. 
‘‘(3) TIMING.—A determination under para-
graph (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 deci-
sions that may be adopted pursuant to this section 
include— 
‘‘(A) a purpose and need or goals and ob-
jectives statement for the rail project, including 
with respect to whether private financial assist-
ance or other special financial measures are 
necessary to implement the rail project; 
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‘‘(B) a decision with respect to rail project 
location; 
‘‘(C) a decision with respect to the elimi-
nation of unreasonable alternatives and the se-
lection of the range of reasonable alternatives 
for detailed study during the environmental re-
view process; 
‘‘(D) a basic description of the environ-
mental setting; 
‘‘(E) a decision with respect to methodolo-
gies for analysis; and 
‘‘(F) identifications of programmatic level 
mitigation for potential impacts that the Fed-
eral lead agency, in consultation with Federal, 
State, local, and tribal resource agencies, deter-
mines are most effectively addressed at a re-
gional or national program level, including— 
‘‘(i) system-level measures to avoid, 
minimize, or mitigate impacts of proposed 
transportation and rail investments on en-
vironmental resources, including regional 
ecosystem and water resources; and 
‘‘(ii) potential mitigation activities, lo-
cations, and investments. 
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‘‘(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 con-
ditions; 
‘‘(F) environmental resources and environ-
mentally sensitive areas; 
‘‘(G) potential environmental effects, in-
cluding the identification of resources of con-
cern 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 ac-
tion, or programmatic level mitigation, for po-
tential effects that the Federal lead agency de-
termines are most effectively addressed at a re-
gional or national program level. 
‘‘(c) CONDITIONS.—Adoption and use of a planning 
product under this section is subject to a determination 
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by the Federal lead agency, in consultation with joint lead 
agencies and project sponsors as appropriate, that the fol-
lowing 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 con-
sideration 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 gov-
ernments that might have an interest in the pro-
posed 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 oppor-
tunity to participate in the planning process leading 
to such planning product. 
‘‘(4) Prior to determining the scope of environ-
mental review for the rail project, the joint lead 
agencies have made documentation relating to the 
planning product available to Federal, State, and 
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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 sci-
entifically acceptable methodologies. 
‘‘(7) The planning product is documented in 
sufficient detail to support the decision or the re-
sults 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 proc-
ess 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 spon-
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sors as appropriate, determines that there is significant 
new information or new circumstances that affect the con-
tinued 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 Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.) process applica-
ble 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 Na-
tional 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. 
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‘‘§ 22905. Program for eliminating duplication of envi-
ronmental reviews 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a program to eliminate duplicative environ-
mental reviews and approvals under State and Fed-
eral 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 envi-
ronmental 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 AP-
PROVAL
PROCEDURES.—For purposes of this sec-
tion, alternative environmental review and approval 
procedures may include one or more of the following: 
‘‘(A) Substitution of one or more State en-
vironmental laws for one or more Federal envi-
ronmental laws, if the Secretary determines in 
accordance with this section that the State envi-
ronmental laws provide environmental protec-
tion and opportunities for public involvement 
that are substantially equivalent to the applica-
ble Federal environmental laws. 
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‘‘(B) Substitution of one or more State 
regulations for Federal regulations imple-
menting one or more Federal environmental 
laws, if the Secretary determines in accordance 
with this section that the State regulations pro-
vide 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 con-
taining such information as the Secretary may require, in-
cluding— 
‘‘(1) a full and complete description of the pro-
posed 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 environ-
mental resource agencies. 
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‘‘(c) REVIEW
OF
APPLICATION.—The Secretary 
shall— 
‘‘(1) review an application submitted under sub-
section (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 ap-
proval 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 ap-
prove each such application if the Secretary finds 
that the proposed alternative environmental review 
and approval procedures of the State are substan-
tially equivalent to the applicable Federal environ-
mental laws and Federal regulations. 
‘‘(2) 
EXCLUSION.—The 
National 
Environ-
mental 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. 
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‘‘(e) COMPLIANCE WITH PERMITS.—Compliance with 
a permit or other approval of a rail project issued pursu-
ant 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 environ-
mental 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 con-
ducting 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 pe-
riod 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. 
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‘‘§ 22906. Railroad corridor preservation 
‘‘(a) IN GENERAL.—The Secretary may assist an ap-
plicant to acquire railroad right-of-way and adjacent real 
property interests before the completion of the environ-
mental 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. 
‘‘§ 22907. Treatment of railroads for historic preserva-
tion 
‘‘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 in-
tended 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 pur-
poses of section 303 of this title or section 106 or 110 
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