H. R. 4348—3 
Sec. 1523. Use of debris from demolished bridges and overpasses. 
Sec. 1524. Use of youth service and conservation corps. 
Sec. 1525. State autonomy for culvert pipe selection. 
Sec. 1526. Evacuation routes. 
Sec. 1527. Consolidation of grants. 
Sec. 1528. Appalachian development highway system. 
Sec. 1529. Engineering judgment. 
Sec. 1530. Transportation training and employment programs. 
Sec. 1531. Notice of certain grant awards. 
Sec. 1532. Budget justification. 
Sec. 1533. Prohibition on use of funds for automated traffic enforcement. 
Sec. 1534. Public-private partnerships. 
Sec. 1535. Report on Highway Trust Fund expenditures. 
Sec. 1536. Sense of Congress on harbor maintenance. 
Sec. 1537. Estimate of harbor maintenance needs. 
Sec. 1538. Asian carp. 
Sec. 1539. Rest areas. 
Subtitle F—Gulf Coast Restoration 
Sec. 1601. Short title. 
Sec. 1602. Gulf Coast Restoration Trust Fund. 
Sec. 1603. Gulf Coast natural resources restoration and economic recovery. 
Sec. 1604. Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and 
Technology program. 
Sec. 1605. Centers of excellence research grants. 
Sec. 1606. Effect. 
Sec. 1607. Restoration and protection activity limitations. 
Sec. 1608. Inspector General. 
TITLE II—AMERICA FAST FORWARD FINANCING INNOVATION 
Sec. 2001. Short title. 
Sec. 2002. Transportation Infrastructure Finance and Innovation Act of 1998 
amendments. 
DIVISION B—PUBLIC TRANSPORTATION 
Sec. 20001. Short title. 
Sec. 20002. Repeals. 
Sec. 20003. Policies and purposes. 
Sec. 20004. Definitions. 
Sec. 20005. Metropolitan transportation planning. 
Sec. 20006. Statewide and nonmetropolitan transportation planning. 
Sec. 20007. Urbanized area formula grants. 
Sec. 20008. Fixed guideway capital investment grants. 
Sec. 20009. Mobility of seniors and individuals with disabilities. 
Sec. 20010. Formula grants for rural areas. 
Sec. 20011. Research, development, demonstration, and deployment projects. 
Sec. 20012. Technical assistance and standards development. 
Sec. 20013. Private sector participation. 
Sec. 20014. Bus testing facilities. 
Sec. 20015. Human resources and training. 
Sec. 20016. General provisions. 
Sec. 20017. Public Transportation Emergency Relief Program. 
Sec. 20018. Contract requirements. 
Sec. 20019. Transit asset management. 
Sec. 20020. Project management oversight. 
Sec. 20021. Public transportation safety. 
Sec. 20022. Alcohol and controlled substances testing. 
Sec. 20023. Nondiscrimination. 
Sec. 20024. Administrative provisions. 
Sec. 20025. National transit database. 
Sec. 20026. Apportionment of appropriations for formula grants. 
Sec. 20027. State of good repair grants. 
Sec. 20028. Authorizations. 
Sec. 20029. Bus and bus facilities formula grants. 
Sec. 20030. Technical and conforming amendments. 
DIVISION C—TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION 
POLICY 
TITLE I—MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF 
2012 
Sec. 31001. Short title.
H. R. 4348—4 
Sec. 31002. Definition. 
Subtitle A—Highway Safety 
Sec. 31101. Authorization of appropriations. 
Sec. 31102. Highway safety programs. 
Sec. 31103. Highway safety research and development. 
Sec. 31104. National driver register. 
Sec. 31105. National priority safety programs. 
Sec. 31106. High visibility enforcement program. 
Sec. 31107. Agency accountability. 
Sec. 31108. Emergency medical services. 
Sec. 31109. Repeal of programs. 
Subtitle B—Enhanced Safety Authorities 
Sec. 31201. Definition of motor vehicle equipment. 
Sec. 31202. Permit reminder system for non-use of safety belts. 
Sec. 31203. Civil penalties. 
Sec. 31204. Motor vehicle safety research and development. 
Sec. 31205. Odometer requirements. 
Sec. 31206. Increased penalties and damages for odometer fraud. 
Sec. 31207. Extend prohibitions on importing noncompliant vehicles and equipment 
to defective vehicles and equipment. 
Sec. 31208. Conditions on importation of vehicles and equipment. 
Sec. 31209. Port inspections; samples for examination or testing. 
Subtitle C—Transparency and Accountability 
Sec. 31301. Public availability of recall information. 
Sec. 31302. National Highway Traffic Safety Administration outreach to manufac-
turer, dealer, and mechanic personnel. 
Sec. 31303. Public availability of communications to dealers. 
Sec. 31304. Corporate responsibility for National Highway Traffic Safety Adminis-
tration reports. 
Sec. 31305. Passenger motor vehicle information program. 
Sec. 31306. Promotion of vehicle defect reporting. 
Sec. 31307. Whistleblower protections for motor vehicle manufacturers, part sup-
pliers, and dealership employees. 
Sec. 31308. Anti-revolving door. 
Sec. 31309. Study of crash data collection. 
Sec. 31310. Update means of providing notification; improving efficacy of recalls. 
Sec. 31311. Expanding choices of remedy available to manufacturers of replacement 
equipment. 
Sec. 31312. Recall obligations and bankruptcy of manufacturer. 
Sec. 31313. Repeal of insurance reports and information provision. 
Sec. 31314. Monroney sticker to permit additional safety rating categories. 
Subtitle D—Vehicle Electronics and Safety Standards 
Sec. 31401. National Highway Traffic Safety Administration electronics, software, 
and engineering expertise. 
Sec. 31402. Electronic systems performance. 
Subtitle E—Child Safety Standards 
Sec. 31501. Child safety seats. 
Sec. 31502. Child restraint anchorage systems. 
Sec. 31503. Rear seat belt reminders. 
Sec. 31504. Unattended passenger reminders. 
Sec. 31505. New deadline. 
Subtitle F—Improved Daytime and Nighttime Visibility of Agricultural Equipment 
Sec. 31601. Rulemaking on visibility of agricultural equipment. 
TITLE II—COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 
2012 
Sec. 32001. Short title. 
Sec. 32002. References to title 49, United States Code. 
Subtitle A—Commercial Motor Vehicle Registration 
Sec. 32101. Registration of motor carriers. 
Sec. 32102. Safety fitness of new operators. 
Sec. 32103. Reincarnated carriers.
H. R. 4348—5 
Sec. 32104. Financial responsibility requirements. 
Sec. 32105. USDOT number registration requirement. 
Sec. 32106. Registration fee system. 
Sec. 32107. Registration update. 
Sec. 32108. Increased penalties for operating without registration. 
Sec. 32109. Revocation of registration for imminent hazard. 
Sec. 32110. Revocation of registration and other penalties for failure to respond to 
subpoena. 
Sec. 32111. Fleetwide out of service order for operating without required registra-
tion. 
Sec. 32112. Motor carrier and officer patterns of safety violations. 
Subtitle B—Commercial Motor Vehicle Safety 
Sec. 32201. Crashworthiness standards. 
Sec. 32202. Canadian safety rating reciprocity. 
Sec. 32203. State reporting of foreign commercial driver convictions. 
Sec. 32204. Authority to disqualify foreign commercial drivers. 
Sec. 32205. Revocation of foreign motor carrier operating authority for failure to 
pay civil penalties. 
Sec. 32206. Rental truck accident study. 
Subtitle C—Driver Safety 
Sec. 32301. Hours of service study and electronic logging devices. 
Sec. 32302. Driver medical qualifications. 
Sec. 32303. Commercial driver’s license notification system. 
Sec. 32304. Commercial motor vehicle operator training. 
Sec. 32305. Commercial driver’s license program. 
Sec. 32306. Commercial motor vehicle driver information systems. 
Sec. 32307. Employer responsibilities. 
Sec. 32308. Program to assist Veterans to acquire commercial driver’s licenses. 
Subtitle D—Safe Roads Act of 2012 
Sec. 32401. Short title. 
Sec. 32402. National clearinghouse for controlled substance and alcohol test results 
of commercial motor vehicle operators. 
Subtitle E—Enforcement 
Sec. 32501. Inspection demand and display of credentials. 
Sec. 32502. Out of service penalty for denial of access to records. 
Sec. 32503. Penalties for violation of operation out of service orders. 
Sec. 32504. Impoundment and immobilization of commercial motor vehicles for im-
minent hazard. 
Sec. 32505. Increased penalties for evasion of regulations. 
Sec. 32506. Violations relating to commercial motor vehicle safety regulation and 
operators. 
Sec. 32507. Emergency disqualification for imminent hazard. 
Sec. 32508. Disclosure to State and local law enforcement agencies. 
Sec. 32509. Grade crossing safety regulations. 
Subtitle F—Compliance, Safety, Accountability 
Sec. 32601. Motor carrier safety assistance program. 
Sec. 32602. Performance and registration information systems management pro-
gram. 
Sec. 32603. Authorization of appropriations. 
Sec. 32604. Grants for commercial driver’s license program implementation. 
Sec. 32605. Commercial vehicle information systems and networks. 
Subtitle G—Motorcoach Enhanced Safety Act of 2012 
Sec. 32701. Short title. 
Sec. 32702. Definitions. 
Sec. 32703. Regulations for improved occupant protection, passenger evacuation, 
and crash avoidance. 
Sec. 32704. Fire prevention and mitigation. 
Sec. 32705. Occupant protection, collision avoidance, fire causation, and fire extin-
guisher research and testing. 
Sec. 32706. Concurrence of research and rulemaking. 
Sec. 32707. Improved oversight of motorcoach service providers. 
Sec. 32708. Report on feasibility, benefits, and costs of establishing a system of cer-
tification of training programs. 
Sec. 32709. Commercial driver’s license passenger endorsement requirements.
H. R. 4348—6 
Sec. 32710. Safety inspection program for commercial motor vehicles of passengers. 
Sec. 32711. Regulations. 
Subtitle H—Safe Highways and Infrastructure Preservation 
Sec. 32801. Comprehensive truck size and weight limits study. 
Sec. 32802. Compilation of existing State truck size and weight limit laws. 
Subtitle I—Miscellaneous 
PART I—MISCELLANEOUS 
Sec. 32911. Prohibition of coercion. 
Sec. 32912. Motor carrier safety advisory committee. 
Sec. 32913. Waivers, exemptions, and pilot programs. 
Sec. 32914. Registration requirements. 
Sec. 32915. Additional motor carrier registration requirements. 
Sec. 32916. Registration of freight forwarders and brokers. 
Sec. 32917. Effective periods of registration. 
Sec. 32918. Financial security of brokers and freight forwarders. 
Sec. 32919. Unlawful brokerage activities. 
PART II—HOUSEHOLD GOODS TRANSPORTATION 
Sec. 32921. Additional registration requirements for household goods motor car-
riers. 
Sec. 32922. Failure to give up possession of household goods. 
Sec. 32923. Settlement authority. 
PART III—TECHNICAL AMENDMENTS 
Sec. 32931. Update of obsolete text. 
Sec. 32932. Correction of interstate commerce commission references. 
Sec. 32933. Technical and conforming amendments. 
Sec. 32934. Exemptions from requirements for covered farm vehicles. 
TITLE III—HAZARDOUS MATERIALS TRANSPORTATION SAFETY 
IMPROVEMENT ACT OF 2012 
Sec. 33001. Short title. 
Sec. 33002. Definition. 
Sec. 33003. References to title 49, United States Code. 
Sec. 33004. Training for emergency responders. 
Sec. 33005. Paperless Hazard Communications Pilot Program. 
Sec. 33006. Improving data collection, analysis, and reporting. 
Sec. 33007. Hazardous material technical assessment, research and development, 
and analysis program. 
Sec. 33008. Hazardous Material Enforcement Training. 
Sec. 33009. Inspections. 
Sec. 33010. Civil penalties. 
Sec. 33011. Reporting of fees. 
Sec. 33012. Special permits, approvals, and exclusions. 
Sec. 33013. Highway routing disclosures. 
Sec. 33014. Motor carrier safety permits. 
Sec. 33015. Wetlines. 
Sec. 33016. Hazmat employee training requirements and grants. 
Sec. 33017. Authorization of appropriations. 
TITLE IV—SPORT FISH RESTORATION AND RECREATIONAL BOATING 
SAFETY ACT OF 2012 
Sec. 34001. Short title. 
Sec. 34002. Amendment of Federal Aid in Sport Fish Restoration Act. 
TITLE V—MISCELLANEOUS 
Sec. 35001. Overflights in Grand Canyon National Park. 
Sec. 35002. Commercial air tour operations. 
Sec. 35003. Qualifications for public aircraft status. 
DIVISION D—FINANCE 
Sec. 40001. Short title. 
TITLE I—EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE 
AUTHORITY AND RELATED TAXES 
Sec. 40101. Extension of trust fund expenditure authority.
H. R. 4348—7 
Sec. 40102. Extension of highway-related taxes. 
TITLE II—REVENUE PROVISIONS 
Subtitle A—Leaking Underground Storage Tank Trust Fund 
Sec. 40201. Transfer from Leaking Underground Storage Tank Trust Fund to High-
way Trust Fund. 
Subtitle B—Pension Provisions 
PART I—PENSION FUNDING STABILIZATION 
Sec. 40211. Pension funding stabilization. 
PART II—PBGC PREMIUMS 
Sec. 40221. Single employer plan annual premium rates. 
Sec. 40222. Multiemployer annual premium rates. 
PART III—IMPROVEMENTS OF PBGC 
Sec. 40231. Pension Benefit Guaranty Corporation Governance Improvement. 
Sec. 40232. Participant and plan sponsor advocate. 
Sec. 40233. Quality control procedures for the Pension Benefit Guaranty Corpora-
tion. 
Sec. 40234. Line of credit repeal. 
PART IV—TRANSFERS OF EXCESS PENSION ASSETS 
Sec. 40241. Extension for transfers of excess pension assets to retiree health ac-
counts. 
Sec. 40242. Transfer of excess pension assets to retiree group term life insurance 
accounts. 
Subtitle C—Additional Transfers to Highway Trust Fund 
Sec. 40251. Additional transfers to Highway Trust Fund. 
DIVISION E—RESEARCH AND EDUCATION 
Sec. 50001. Short title. 
TITLE I—FUNDING 
Sec. 51001. Authorization of appropriations. 
TITLE II—RESEARCH, TECHNOLOGY, AND EDUCATION 
Sec. 52001. Research, technology, and education. 
Sec. 52002. Surface transportation research, development, and technology. 
Sec. 52003. Research and technology development and deployment. 
Sec. 52004. Training and education. 
Sec. 52005. State planning and research. 
Sec. 52006. International highway transportation program. 
Sec. 52007. Surface transportation environmental cooperative research program. 
Sec. 52008. National cooperative freight research. 
Sec. 52009. University transportation centers program. 
Sec. 52010. University transportation research. 
Sec. 52011. Bureau of Transportation Statistics. 
Sec. 52012. Administrative authority. 
Sec. 52013. Transportation research and development strategic planning. 
TITLE III—INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH 
Sec. 53001. Use of funds for ITS activities. 
Sec. 53002. Goals and purposes. 
Sec. 53003. General authorities and requirements. 
Sec. 53004. Research and development. 
Sec. 53005. National architecture and standards. 
Sec. 53006. Vehicle-to-vehicle and vehicle-to-infrastructure communications sys-
tems deployment. 
DIVISION F—MISCELLANEOUS 
TITLE I—REAUTHORIZATION OF CERTAIN PROGRAMS 
Subtitle A—Secure Rural Schools and Community Self-determination Program 
Sec. 100101. Secure Rural Schools and Community Self-Determination Program. 
Subtitle B—Payment in Lieu of Taxes Program 
Sec. 100111. Payments in lieu of taxes.
H. R. 4348—8 
Subtitle C—Offsets 
Sec. 100121. Phased retirement authority. 
Sec. 100122. Roll-your-own cigarette machines. 
Sec. 100123. Change in FMAP increase for disaster recovery states. 
Sec. 100124. Repeals. 
Sec. 100125. Limitation on payments from the Abandoned Mine Reclamation Fund. 
TITLE II—FLOOD INSURANCE 
Subtitle A—Flood Insurance Reform and Modernization 
Sec. 100201. Short title. 
Sec. 100202. Definitions. 
Sec. 100203. Extension of National Flood Insurance Program. 
Sec. 100204. Availability of insurance for multifamily properties. 
Sec. 100205. Reform of premium rate structure. 
Sec. 100207. Premium adjustment. 
Sec. 100208. Enforcement. 
Sec. 100209. Escrow of flood insurance payments. 
Sec. 100210. Minimum deductibles for claims under the National Flood Insurance 
Program. 
Sec. 100211. Considerations in determining chargeable premium rates. 
Sec. 100212. Reserve fund. 
Sec. 100213. Repayment plan for borrowing authority. 
Sec. 100214. Payment of condominium claims. 
Sec. 100215. Technical mapping advisory council. 
Sec. 100216. National flood mapping program. 
Sec. 100217. Scope of appeals. 
Sec. 100218. Scientific Resolution Panel. 
Sec. 100219. Removal of limitation on State contributions for updating flood maps. 
Sec. 100220. Coordination. 
Sec. 100221. Interagency coordination study. 
Sec. 100222. Notice of flood insurance availability under RESPA. 
Sec. 100223. Participation in State disaster claims mediation programs. 
Sec. 100224. Oversight and expense reimbursements of insurance companies. 
Sec. 100225. Mitigation. 
Sec. 100226. Flood Protection Structure Accreditation Task Force. 
Sec. 100227. Flood in progress determinations. 
Sec. 100228. Clarification of residential and commercial coverage limits. 
Sec. 100229. Local data requirement. 
Sec. 100230. Eligibility for flood insurance for persons residing in communities that 
have made adequate progress on the reconstruction or improvement of 
a flood protection system. 
Sec. 100231. Studies and reports. 
Sec. 100232. Reinsurance. 
Sec. 100233. GAO study on business interruption and additional living expenses 
coverages. 
Sec. 100234. Policy disclosures. 
Sec. 100235. Report on inclusion of building codes in floodplain management cri-
teria. 
Sec. 100236. Study of participation and affordability for certain policyholders. 
Sec. 100237. Study and report concerning the participation of Indian tribes and 
members of Indian tribes in the National Flood Insurance Program. 
Sec. 100238. Technical corrections. 
Sec. 100239. Use of private insurance to satisfy mandatory purchase requirement. 
Sec. 100240. Levees constructed on certain properties. 
Sec. 100241. Insurance coverage for private properties affected by flooding from 
Federal lands. 
Sec. 100242. Permissible land use under Federal flood insurance plan. 
Sec. 100243. CDBG eligibility for flood insurance outreach activities and commu-
nity building code administration grants. 
Sec. 100244. Termination of force-placed insurance. 
Sec. 100245. FEMA authority on transfer of policies. 
Sec. 100246. Reimbursement of certain expenses. 
Sec. 100247. FIO study on risks, hazards, and insurance. 
Sec. 100248. Flood protection improvements constructed on certain properties. 
Sec. 100249. No cause of action. 
Subtitle B—Alternative Loss Allocation 
Sec. 100251. Short title. 
Sec. 100252. Assessing and modeling named storms over coastal States. 
Sec. 100253. Alternative loss allocation system for indeterminate claims.
H. R. 4348—9 
Subtitle C—HEARTH Act Amendment 
Sec. 100261. HEARTH Act technical corrections. 
TITLE III—STUDENT LOAN INTEREST RATE EXTENSION 
Sec. 100301. Federal Direct Stafford Loan interest rate extension. 
Sec. 100302. Eligibility for, and interest charges on, Federal Direct Stafford Loans 
for new borrowers on or after July 1, 2013. 
DIVISION G—SURFACE TRANSPORTATION EXTENSION 
Sec. 110001. Short title. 
TITLE I—FEDERAL-AID HIGHWAYS 
Sec. 111001. Extension of Federal-aid highway programs. 
TITLE II—EXTENSION OF HIGHWAY SAFETY PROGRAMS 
Sec. 112001. Extension of National Highway Traffic Safety Administration highway 
safety programs. 
Sec. 112002. Extension of Federal Motor Carrier Safety Administration programs. 
Sec. 112003. Additional programs. 
TITLE III—PUBLIC TRANSPORTATION PROGRAMS 
Sec. 113001. Allocation of funds for planning programs. 
Sec. 113002. Special rule for urbanized area formula grants. 
Sec. 113003. Allocating amounts for capital investment grants. 
Sec. 113004. Apportionment of formula grants for other than urbanized areas. 
Sec. 113005. Apportionment based on fixed guideway factors. 
Sec. 113006. Authorizations for public transportation. 
Sec. 113007. Amendments to SAFETEA–LU. 
TITLE IV—EFFECTIVE DATE 
Sec. 114001. Effective date. 
DIVISION H—BUDGETARY EFFECTS 
Sec. 120001. Budgetary effects. 
SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of Transportation. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Transportation. 
SEC. 3. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as otherwise provided, divisions A, 
B, C (other than sections 32603(d), 32603(g), 32912, and 34002 
of that division) and E, including the amendments made by those 
divisions, take effect on October 1, 2012. 
(b) REFERENCES.—Except as otherwise provided, any reference 
to the date of enactment of the MAP–21 or to the date of enactment 
of the Federal Public Transportation Act of 2012 in the divisions 
described in subsection (a) or in an amendment made by those 
divisions shall be deemed to be a reference to the effective date 
of those divisions.
H. R. 4348—10 
DIVISION A—FEDERAL-AID HIGHWAYS 
AND HIGHWAY SAFETY CONSTRUC-
TION PROGRAMS 
TITLE I—FEDERAL-AID HIGHWAYS 
Subtitle A—Authorizations and Programs 
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account): 
(1) FEDERAL-AID
HIGHWAY
PROGRAM.—For the national 
highway performance program under section 119 of title 23, 
United States Code, the surface transportation program under 
section 133 of that title, the highway safety improvement pro-
gram under section 148 of that title, the congestion mitigation 
and air quality improvement program under section 149 of 
that title, and to carry out section 134 of that title— 
(A) $37,476,819,674 for fiscal year 2013; and 
(B) $37,798,000,000 for fiscal year 2014. 
(2) 
TRANSPORTATION
INFRASTRUCTURE
FINANCE
AND 
INNOVATION
PROGRAM.—For 
credit 
assistance 
under 
the 
transportation infrastructure finance and innovation program 
under chapter 6 of title 23, United States Code— 
(A) $750,000,000 for fiscal year 2013; and 
(B) $1,000,000,000 for fiscal year 2014. 
(3) FEDERAL
LANDS
AND
TRIBAL
TRANSPORTATION
PRO-
GRAMS.— 
(A) TRIBAL TRANSPORTATION PROGRAM.—For the tribal 
transportation program under section 202 of title 23, 
United States Code, $450,000,000 for each of fiscal years 
2013 and 2014. 
(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—For 
the Federal lands transportation program under section 
203 of title 23, United States Code, $300,000,000 for each 
of fiscal years 2013 and 2014, of which $240,000,000 of 
the amount made available for each fiscal year shall be 
the amount for the National Park Service and $30,000,000 
of the amount made available for each fiscal year shall 
be the amount for the United States Fish and Wildlife 
Service. 
(C) FEDERAL LANDS ACCESS PROGRAM.—For the Federal 
lands access program under section 204 of title 23, United 
States Code, $250,000,000 for each of fiscal years 2013 
and 2014. 
(4) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.— 
For the territorial and Puerto Rico highway program under 
section 165 of title 23, United States Code, $190,000,000 for 
each of fiscal years 2013 and 2014. 
(b) DISADVANTAGED BUSINESS ENTERPRISES.— 
(1) FINDINGS.—Congress finds that— 
(A) while significant progress has occurred due to the 
establishment of the disadvantaged business enterprise
H. R. 4348—11 
program, discrimination and related barriers continue to 
pose significant obstacles for minority- and women-owned 
businesses seeking to do business in federally-assisted sur-
face transportation markets across the United States; 
(B) the continuing barriers described in subparagraph 
(A) merit the continuation of the disadvantaged business 
enterprise program; 
(C) Congress has received and reviewed testimony and 
documentation of race and gender discrimination from 
numerous sources, including congressional hearings and 
roundtables, scientific reports, reports issued by public and 
private agencies, news stories, reports of discrimination 
by organizations and individuals, and discrimination law-
suits, which show that race- and gender-neutral efforts 
alone are insufficient to address the problem; 
(D) the testimony and documentation described in 
subparagraph (C) demonstrate that discrimination across 
the United States poses a barrier to full and fair participa-
tion in surface transportation-related businesses of women 
business owners and minority business owners and has 
impacted firm development and many aspects of surface 
transportation-related business in the public and private 
markets; and 
(E) the testimony and documentation described in 
subparagraph (C) provide a strong basis that there is a 
compelling need for the continuation of the disadvantaged 
business enterprise program to address race and gender 
discrimination in surface transportation-related business. 
(2) DEFINITIONS.—In this subsection, the following defini-
tions apply: 
(A) SMALL BUSINESS CONCERN.— 
(i) IN GENERAL.—The term ‘‘small business con-
cern’’ means a small business concern (as the term 
is used in section 3 of the Small Business Act (15 
U.S.C. 632)). 
(ii) EXCLUSIONS.—The term ‘‘small business con-
cern’’ does not include any concern or group of concerns 
controlled by the same socially and economically dis-
advantaged individual or individuals that have average 
annual gross receipts during the preceding 3 fiscal 
years in excess of $22,410,000, as adjusted annually 
by the Secretary for inflation. 
(B) SOCIALLY
AND
ECONOMICALLY
DISADVANTAGED 
INDIVIDUALS.—The term ‘‘socially and economically dis-
advantaged individuals’’ has the meaning given the term 
in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) 
and relevant subcontracting regulations issued pursuant 
to that Act, except that women shall be presumed to be 
socially and economically disadvantaged individuals for 
purposes of this subsection. 
(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.—Except to 
the extent that the Secretary determines otherwise, not less 
than 10 percent of the amounts made available for any program 
under divisions A and B of this Act and section 403 of title 
23, United States Code, shall be expended through small busi-
ness concerns owned and controlled by socially and economically 
disadvantaged individuals.
H. R. 4348—12 
(4) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTER-
PRISES.—Each State shall annually— 
(A) survey and compile a list of the small business 
concerns referred to in paragraph (2) in the State, including 
the location of the small business concerns in the State; 
and 
(B) notify the Secretary, in writing, of the percentage 
of the small business concerns that are controlled by— 
(i) women; 
(ii) 
socially 
and 
economically 
disadvantaged 
individuals (other than women); and 
(iii) individuals who are women and are otherwise 
socially and economically disadvantaged individuals. 
(5) UNIFORM CERTIFICATION.— 
(A) IN GENERAL.—The Secretary shall establish min-
imum uniform criteria for use by State governments in 
certifying whether a concern qualifies as a small business 
concern for the purpose of this subsection. 
(B) INCLUSIONS.—The minimum uniform criteria estab-
lished under subparagraph (A) shall include, with respect 
to a potential small business concern— 
(i) on-site visits; 
(ii) personal interviews with personnel; 
(iii) issuance or inspection of licenses; 
(iv) analyses of stock ownership; 
(v) listings of equipment; 
(vi) analyses of bonding capacity; 
(vii) listings of work completed; 
(viii) examination of the resumes of principal 
owners; 
(ix) analyses of financial capacity; and 
(x) analyses of the type of work preferred. 
(6) REPORTING.—The Secretary shall establish minimum 
requirements for use by State governments in reporting to 
the Secretary— 
(A) information concerning disadvantaged business 
enterprise awards, commitments, and achievements; and 
(B) such other information as the Secretary determines 
to be appropriate for the proper monitoring of the disadvan-
taged business enterprise program. 
(7) COMPLIANCE WITH COURT ORDERS.—Nothing in this sub-
section limits the eligibility of an individual or entity to receive 
funds made available under divisions A and B of this Act 
and section 403 of title 23, United States Code, if the entity 
or person is prevented, in whole or in part, from complying 
with paragraph (2) because a Federal court issues a final order 
in which the court finds that a requirement or the implementa-
tion of paragraph (2) is unconstitutional. 
SEC. 1102. OBLIGATION CEILING. 
(a) GENERAL LIMITATION.—Subject to subsection (e), and not-
withstanding any other provision of law, the obligations for Federal- 
aid highway and highway safety construction programs shall not 
exceed— 
(1) $39,699,000,000 for fiscal year 2013; and 
(2) $40,256,000,000 for fiscal year 2014.
H. R. 4348—13 
(b) EXCEPTIONS.—The limitations under subsection (a) shall 
not apply to obligations under or for— 
(1) section 125 of title 23, United States Code; 
(2) section 147 of the Surface Transportation Assistance 
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); 
(3) section 9 of the Federal-Aid Highway Act of 1981 (95 
Stat. 1701); 
(4) subsections (b) and (j) of section 131 of the Surface 
Transportation Assistance Act of 1982 (96 Stat. 2119); 
(5) subsections (b) and (c) of section 149 of the Surface 
Transportation and Uniform Relocation Assistance Act of 1987 
(101 Stat. 198); 
(6) sections 1103 through 1108 of the Intermodal Surface 
Transportation Efficiency Act of 1991 (105 Stat. 2027); 
(7) section 157 of title 23, United States Code (as in effect 
on June 8, 1998); 
(8) section 105 of title 23, United States Code (as in effect 
for fiscal years 1998 through 2004, but only in an amount 
equal to $639,000,000 for each of those fiscal years); 
(9) Federal-aid highway programs for which obligation 
authority was made available under the Transportation Equity 
Act for the 21st Century (112 Stat. 107) or subsequent Acts 
for multiple years or to remain available until expended, but 
only to the extent that the obligation authority has not lapsed 
or been used; 
(10) section 105 of title 23, United States Code (but, for 
each of fiscal years 2005 through 2011, only in an amount 
equal to $639,000,000 for each of those fiscal years); 
(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 
119 Stat. 1248), to the extent that funds obligated in accordance 
with that section were not subject to a limitation on obligations 
at the time at which the funds were initially made available 
for obligation; and 
(12) section 119 of title 23, United States Code (but, for 
each of fiscal years 2013 through 2014, only in an amount 
equal to $639,000,000 for each of those fiscal years). 
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For each of fiscal 
years 2013 through 2014, the Secretary— 
(1) shall not distribute obligation authority provided by 
subsection (a) for the fiscal year for— 
(A) amounts authorized for administrative expenses 
and programs by section 104(a) of title 23, United States 
Code; and 
(B) amounts authorized for the Bureau of Transpor-
tation Statistics; 
(2) shall not distribute an amount of obligation authority 
provided by subsection (a) that is equal to the unobligated 
balance of amounts— 
(A) made available from the Highway Trust Fund 
(other than the Mass Transit Account) for Federal-aid high-
way and highway safety construction programs for previous 
fiscal years the funds for which are allocated by the Sec-
retary (or apportioned by the Secretary under sections 202 
or 204 of title 23, United States Code); and 
(B) for which obligation authority was provided in a 
previous fiscal year; 
(3) shall determine the proportion that—
H. R. 4348—14 
(A) the obligation authority provided by subsection (a) 
for the fiscal year, less the aggregate of amounts not distrib-
uted under paragraphs (1) and (2) of this subsection; bears 
to 
(B) the total of the sums authorized to be appropriated 
for the Federal-aid highway and highway safety construc-
tion programs (other than sums authorized to be appro-
priated for provisions of law described in paragraphs (1) 
through (11) of subsection (b) and sums authorized to be 
appropriated for section 119 of title 23, United States Code, 
equal to the amount referred to in subsection (b)(12) for 
the fiscal year), less the aggregate of the amounts not 
distributed under paragraphs (1) and (2) of this subsection; 
(4) shall distribute the obligation authority provided by 
subsection (a), less the aggregate amounts not distributed under 
paragraphs (1) and (2), for each of the programs (other than 
programs to which paragraph (1) applies) that are allocated 
by the Secretary under this Act and title 23, United States 
Code, or apportioned by the Secretary under sections 202 or 
204 of that title, by multiplying— 
(A) the proportion determined under paragraph (3); 
by 
(B) the amounts authorized to be appropriated for each 
such program for the fiscal year; and 
(5) shall distribute the obligation authority provided by 
subsection (a), less the aggregate amounts not distributed under 
paragraphs (1) and (2) and the amounts distributed under 
paragraph (4), for Federal-aid highway and highway safety 
construction programs that are apportioned by the Secretary 
under title 23, United States Code (other than the amounts 
apportioned for the national highway performance program 
in section 119 of title 23, United States Code, that are exempt 
from the limitation under subsection (b)(12) and the amounts 
apportioned under section 204 of that title) in the proportion 
that— 
(A) amounts authorized to be appropriated for the pro-
grams that are apportioned under title 23, United States 
Code, to each State for the fiscal year; bears to 
(B) the total of the amounts authorized to be appro-
priated for the programs that are apportioned under title 
23, United States Code, to all States for the fiscal year. 
(d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Not-
withstanding subsection (c), the Secretary shall, after August 1 
of each of fiscal years 2013 through 2014— 
(1) revise a distribution of the obligation authority made 
available under subsection (c) if an amount distributed cannot 
be obligated during that fiscal year; and 
(2) redistribute sufficient amounts to those States able 
to obligate amounts in addition to those previously distributed 
during that fiscal year, giving priority to those States having 
large unobligated balances of funds apportioned under sections 
144 (as in effect on the day before the date of enactment 
of this Act) and 104 of title 23, United States Code. 
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPOR-
TATION RESEARCH PROGRAMS.— 
(1) IN
GENERAL.—Except as provided in paragraph (2), 
obligation limitations imposed by subsection (a) shall apply
H. R. 4348—15 
to contract authority for transportation research programs car-
ried out under— 
(A) chapter 5 of title 23, United States Code; and 
(B) division E of this Act. 
(2) EXCEPTION.—Obligation authority made available under 
paragraph (1) shall— 
(A) remain available for a period of 4 fiscal years; 
and 
(B) be in addition to the amount of any limitation 
imposed on obligations for Federal-aid highway and high-
way safety construction programs for future fiscal years. 
(f) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.— 
(1) IN GENERAL.—Not later than 30 days after the date 
of distribution of obligation authority under subsection (c) for 
each of fiscal years 2013 through 2014, the Secretary shall 
distribute to the States any funds (excluding funds authorized 
for the program under section 202 of title 23, United States 
Code) that— 
(A) are authorized to be appropriated for the fiscal 
year for Federal-aid highway programs; and 
(B) the Secretary determines will not be allocated to 
the States (or will not be apportioned to the States under 
section 204 of title 23, United States Code), and will not 
be available for obligation, for the fiscal year because of 
the imposition of any obligation limitation for the fiscal 
year. 
(2) RATIO.—Funds shall be distributed under paragraph 
(1) in the same proportion as the distribution of obligation 
authority under subsection (c)(5). 
(3) AVAILABILITY.—Funds distributed to each State under 
paragraph (1) shall be available for any purpose described 
in section 133(c) of title 23, United States Code. 
SEC. 1103. DEFINITIONS. 
(a) DEFINITIONS.—Section 101(a) of title 23, United States Code, 
is amended— 
(1) by striking paragraphs (6), (7), (9), (12), (19), (20), 
(24), (25), (26), (28), (38), and (39); 
(2) by redesignating paragraphs (2), (3), (4), (5), (8), (13), 
(14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), 
(32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), 
(6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), 
(22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively; 
(3) by inserting after paragraph (1) the following: 
‘‘(2) ASSET MANAGEMENT.—The term ‘asset management’ 
means a strategic and systematic process of operating, 
maintaining, and improving physical assets, with a focus on 
both engineering and economic analysis based upon quality 
information, to identify a structured sequence of maintenance, 
preservation, repair, rehabilitation, and replacement actions 
that will achieve and sustain a desired state of good repair 
over the lifecycle of the assets at minimum practicable cost.’’; 
(4) in paragraph (4) (as redesignated by paragraph (2))— 
(A) in the matter preceding subparagraph (A), by 
inserting ‘‘or any project eligible for assistance under this 
title’’ after ‘‘of a highway’’;
H. R. 4348—16 
(B) by striking subparagraph (A) and inserting the 
following: 
‘‘(A) preliminary engineering, engineering, and design- 
related services directly relating to the construction of a 
highway project, including engineering, design, project 
development 
and 
management, 
construction 
project 
management and inspection, surveying, mapping (including 
the establishment of temporary and permanent geodetic 
control in accordance with specifications of the National 
Oceanic and Atmospheric Administration), and architec-
tural-related services;’’; 
(C) in subparagraph (B)— 
(i) by inserting ‘‘reconstruction,’’ before ‘‘resur-
facing’’; and 
(ii) by striking ‘‘and rehabilitation’’ and inserting 
‘‘rehabilitation, and preservation’’; 
(D) in subparagraph (E) by striking ‘‘railway’’ and 
inserting ‘‘railway-highway’’; and 
(E) in subparagraph (F) by striking ‘‘obstacles’’ and 
inserting ‘‘hazards’’; 
(5) in paragraph (6) (as so redesignated)— 
(A) by inserting ‘‘public’’ before ‘‘highway eligible’’; and 
(B) by inserting ‘‘functionally’’ before ‘‘classified’’; 
(6) by inserting after paragraph (6) (as so redesignated) 
the following: 
‘‘(7) FEDERAL LANDS ACCESS TRANSPORTATION FACILITY.— 
The term ‘Federal Lands access transportation facility’ means 
a public highway, road, bridge, trail, or transit system that 
is located on, is adjacent to, or provides access to Federal 
lands for which title or maintenance responsibility is vested 
in a State, county, town, township, tribal, municipal, or local 
government. 
‘‘(8) FEDERAL LANDS TRANSPORTATION FACILITY.—The term 
‘Federal lands transportation facility’ means a public highway, 
road, bridge, trail, or transit system that is located on, is 
adjacent to, or provides access to Federal lands for which title 
and maintenance responsibility is vested in the Federal Govern-
ment, and that appears on the national Federal lands transpor-
tation facility inventory described in section 203(c).’’; 
(7) in paragraph (11)(B) by inserting ‘‘including public roads 
on dams’’ after ‘‘drainage structure’’; 
(8) in paragraph (14) (as so redesignated)— 
(A) by striking ‘‘as a’’ and inserting ‘‘as an air quality’’; 
and 
(B) by inserting ‘‘air quality’’ before ‘‘attainment area’’; 
(9) in paragraph (18) (as so redesignated) by striking ‘‘an 
undertaking to construct a particular portion of a highway, 
or if the context so implies, the particular portion of a highway 
so constructed or any other undertaking’’ and inserting ‘‘any 
undertaking’’; 
(10) in paragraph (19) (as so redesignated)— 
(A) by striking ‘‘the State transportation department 
and’’; and 
(B) by inserting ‘‘and the recipient’’ after ‘‘Secretary’’; 
(11) by striking paragraph (23) (as so redesignated) and 
inserting the following:
H. R. 4348—17 
‘‘(23) SAFETY
IMPROVEMENT
PROJECT.—The term ‘safety 
improvement project’ means a strategy, activity, or project on 
a public road that is consistent with the State strategic highway 
safety plan and corrects or improves a roadway feature that 
constitutes a hazard to road users or addresses a highway 
safety problem.’’; 
(12) by inserting after paragraph (26) (as so redesignated) 
the following: 
‘‘(27) STATE STRATEGIC HIGHWAY SAFETY PLAN.—The term 
‘State strategic highway safety plan’ has the same meaning 
given such term in section 148(a).’’; 
(13) by striking paragraph (29) (as so redesignated) and 
inserting the following: 
‘‘(29) TRANSPORTATION ALTERNATIVES.—The term ‘transpor-
tation alternatives’ means any of the following activities when 
carried out as part of any program or project authorized or 
funded under this title, or as an independent program or project 
related to surface transportation: 
‘‘(A) Construction, planning, and design of on-road and 
off-road trail facilities for pedestrians, bicyclists, and other 
nonmotorized forms of transportation, including sidewalks, 
bicycle infrastructure, pedestrian and bicycle signals, traffic 
calming techniques, lighting and other safety-related infra-
structure, and transportation projects to achieve compli-
ance with the Americans with Disabilities Act of 1990 
(42 U.S.C. 12101 et seq.). 
‘‘(B) Construction, planning, and design of infrastruc-
ture-related projects and systems that will provide safe 
routes for non-drivers, including children, older adults, and 
individuals with disabilities to access daily needs. 
‘‘(C) Conversion and use of abandoned railroad cor-
ridors for trails for pedestrians, bicyclists, or other non-
motorized transportation users. 
‘‘(D) Construction of turnouts, overlooks, and viewing 
areas. 
‘‘(E) Community improvement activities, including— 
‘‘(i) inventory, control, or removal of outdoor adver-
tising; 
‘‘(ii) historic preservation and rehabilitation of his-
toric transportation facilities; 
‘‘(iii) vegetation management practices in transpor-
tation rights-of-way to improve roadway safety, prevent 
against invasive species, and provide erosion control; 
and 
‘‘(iv) archaeological activities relating to impacts 
from implementation of a transportation project eligible 
under this title. 
‘‘(F) Any environmental mitigation activity, including 
pollution prevention and pollution abatement activities and 
mitigation to— 
‘‘(i) address stormwater management, control, and 
water pollution prevention or abatement related to 
highway construction or due to highway runoff, 
including activities described in sections 133(b)(11), 
328(a), and 329; or
H. R. 4348—18 
‘‘(ii) reduce vehicle-caused wildlife mortality or to 
restore and maintain connectivity among terrestrial 
or aquatic habitats.’’; and 
(14) by inserting after paragraph (29) (as so redesignated) 
the following: 
‘‘(30) TRANSPORTATION SYSTEMS MANAGEMENT AND OPER-
ATIONS.— 
‘‘(A) IN GENERAL.—The term ‘transportation systems 
management and operations’ means integrated strategies 
to optimize the performance of existing infrastructure 
through the implementation of multimodal and intermodal, 
cross-jurisdictional systems, services, and projects designed 
to preserve capacity and improve security, safety, and reli-
ability of the transportation system. 
‘‘(B) INCLUSIONS.—The term ‘transportation systems 
management and operations’ includes— 
‘‘(i) actions such as traffic detection and surveil-
lance, corridor management, freeway management, 
arterial 
management, 
active 
transportation 
and 
demand management, work zone management, emer-
gency management, traveler information services, 
congestion pricing, parking management, automated 
enforcement, traffic control, commercial vehicle oper-
ations, freight management, and coordination of high-
way, rail, transit, bicycle, and pedestrian operations; 
and 
‘‘(ii) coordination of the implementation of regional 
transportation system management and operations 
investments (such as traffic incident management, 
traveler information services, emergency management, 
roadway weather management, intelligent transpor-
tation systems, communication networks, and informa-
tion sharing systems) requiring agreements, integra-
tion, and interoperability to achieve targeted system 
performance, reliability, safety, and customer service 
levels. 
‘‘(31) TRIBAL TRANSPORTATION FACILITY.—The term ‘tribal 
transportation facility’ means a public highway, road, bridge, 
trail, or transit system that is located on or provides access 
to tribal land and appears on the national tribal transportation 
facility inventory described in section 202(b)(1). 
‘‘(32) TRUCK
STOP
ELECTRIFICATION
SYSTEM.—The term 
‘truck stop electrification system’ means a system that delivers 
heat, air conditioning, electricity, or communications to a heavy- 
duty vehicle.’’. 
(b) SENSE OF CONGRESS.—Section 101(c) of title 23, United 
States Code, is amended by striking ‘‘system’’ and inserting ‘‘high-
way’’. 
SEC. 1104. NATIONAL HIGHWAY SYSTEM. 
(a) IN GENERAL.—Section 103 of title 23, United States Code, 
is amended to read as follows: 
‘‘§ 103. National Highway System 
‘‘(a) IN GENERAL.—For the purposes of this title, the Federal- 
aid system is the National Highway System, which includes the 
Interstate System.
H. R. 4348—19 
‘‘(b) NATIONAL HIGHWAY SYSTEM.— 
‘‘(1) DESCRIPTION.—The National Highway System consists 
of the highway routes and connections to transportation facili-
ties that shall— 
‘‘(A) serve major population centers, international 
border crossings, ports, airports, public transportation 
facilities, and other intermodal transportation facilities and 
other major travel destinations; 
‘‘(B) meet national defense requirements; and 
‘‘(C) serve interstate and interregional travel and com-
merce. 
‘‘(2) 
COMPONENTS.—The 
National 
Highway 
System 
described in paragraph (1) consists of the following: 
‘‘(A) The National Highway System depicted on the 
map submitted by the Secretary of Transportation to Con-
gress with the report entitled ‘Pulling Together: The 
National Highway System and its Connections to Major 
Intermodal Terminals’ and dated May 24, 1996, and modi-
fications approved by the Secretary before the date of enact-
ment of the MAP–21. 
‘‘(B) Other urban and rural principal arterial routes, 
and border crossings on those routes, that were not 
included on the National Highway System before the date 
of enactment of the MAP–21. 
‘‘(C) Other connector highways (including toll facilities) 
that were not included in the National Highway System 
before the date of enactment of the MAP–21 but that 
provide motor vehicle access between arterial routes on 
the National Highway System and a major intermodal 
transportation facility. 
‘‘(D) A strategic highway network that— 
‘‘(i) consists of a network of highways that are 
important to the United States strategic defense policy, 
that provide defense access, continuity, and emergency 
capabilities for the movement of personnel, materials, 
and equipment in both peacetime and wartime, and 
that were not included on the National Highway 
System before the date of enactment of the MAP– 
21; 
‘‘(ii) may include highways on or off the Interstate 
System; and 
‘‘(iii) shall be designated by the Secretary, in con-
sultation with appropriate Federal agencies and the 
States. 
‘‘(E) Major strategic highway network connectors 
that— 
‘‘(i) consist of highways that provide motor vehicle 
access between major military installations and high-
ways that are part of the strategic highway network 
but were not included on the National Highway System 
before the date of enactment of the MAP–21; and 
‘‘(ii) shall be designated by the Secretary, in con-
sultation with appropriate Federal agencies and the 
States. 
‘‘(3) MODIFICATIONS TO NHS.—
H. R. 4348—20 
‘‘(A) IN GENERAL.—The Secretary may make any modi-
fication, including any modification consisting of a con-
nector to a major intermodal terminal, to the National 
Highway System that is proposed by a State if the Sec-
retary determines that the modification— 
‘‘(i) meets the criteria established for the National 
Highway System under this title after the date of 
enactment of the MAP–21; and 
‘‘(ii) 
enhances 
the 
national 
transportation 
characteristics of the National Highway System. 
‘‘(B) COOPERATION.— 
‘‘(i) IN
GENERAL.—In proposing a modification 
under this paragraph, a State shall cooperate with 
local and regional officials. 
‘‘(ii) URBANIZED AREAS.—In an urbanized area, the 
local officials shall act through the metropolitan plan-
ning organization designated for the area under section 
134. 
‘‘(c) INTERSTATE SYSTEM.— 
‘‘(1) DESCRIPTION.— 
‘‘(A) IN GENERAL.—The Dwight D. Eisenhower National 
System of Interstate and Defense Highways within the 
United States (including the District of Columbia and 
Puerto Rico) consists of highways designed, located, and 
selected in accordance with this paragraph. 
‘‘(B) DESIGN.— 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), highways on the Interstate System shall be 
designed in accordance with the standards of section 
109(b). 
‘‘(ii) EXCEPTION.—Highways on the Interstate 
System in Alaska and Puerto Rico shall be designed 
in accordance with such geometric and construction 
standards as are adequate for current and probable 
future traffic demands and the needs of the locality 
of the highway. 
‘‘(C) LOCATION.—Highways on the Interstate System 
shall be located so as— 
‘‘(i) to connect by routes, as direct as practicable, 
the principal metropolitan areas, cities, and industrial 
centers; 
‘‘(ii) to serve the national defense; and 
‘‘(iii) to the maximum extent practicable, to connect 
at suitable border points with routes of continental 
importance in Canada and Mexico. 
‘‘(D) SELECTION OF ROUTES.—To the maximum extent 
practicable, each route of the Interstate System shall be 
selected by joint action of the State transportation depart-
ments of the State in which the route is located and the 
adjoining States, in cooperation with local and regional 
officials, and subject to the approval of the Secretary. 
‘‘(2) MAXIMUM MILEAGE.—The mileage of highways on the 
Interstate System shall not exceed 43,000 miles, exclusive of 
designations under paragraph (4). 
‘‘(3) MODIFICATIONS.—The Secretary may approve or 
require modifications to the Interstate System in a manner
H. R. 4348—21 
consistent with the policies and procedures established under 
this subsection. 
‘‘(4) INTERSTATE SYSTEM DESIGNATIONS.— 
‘‘(A) ADDITIONS.—If the Secretary determines that a 
highway on the National Highway System meets all stand-
ards of a highway on the Interstate System and that the 
highway is a logical addition or connection to the Interstate 
System, the Secretary may, upon the affirmative rec-
ommendation of the State or States in which the highway 
is located, designate the highway as a route on the Inter-
state System. 
‘‘(B) DESIGNATIONS
AS
FUTURE
INTERSTATE
SYSTEM 
ROUTES.— 
‘‘(i) IN GENERAL.—Subject to clauses (ii) through 
(vi), if the Secretary determines that a highway on 
the National Highway System would be a logical addi-
tion or connection to the Interstate System and would 
qualify for designation as a route on the Interstate 
System under subparagraph (A) if the highway met 
all standards of a highway on the Interstate System, 
the Secretary may, upon the affirmative recommenda-
tion of the State or States in which the highway is 
located, designate the highway as a future Interstate 
System route. 
‘‘(ii) WRITTEN AGREEMENT.—A designation under 
clause (i) shall be made only upon the written agree-
ment of each State described in that clause that the 
highway will be constructed to meet all standards of 
a highway on the Interstate System by not later than 
the date that is 25 years after the date of the agree-
ment. 
‘‘(iii) FAILURE TO COMPLETE CONSTRUCTION.—If a 
State described in clause (i) has not substantially com-
pleted the construction of a highway designated under 
this subparagraph by the date specified in clause (ii), 
the Secretary shall remove the designation of the high-
way as a future Interstate System route. 
‘‘(iv) EFFECT OF REMOVAL.—Removal of the des-
ignation of a highway under clause (iii) shall not pre-
clude the Secretary from designating the highway as 
a route on the Interstate System under subparagraph 
(A) or under any other provision of law providing for 
addition to the Interstate System. 
‘‘(v) 
RETROACTIVE
EFFECT.—An 
agreement 
described in clause (ii) that is entered into before 
August 10, 2005, shall be deemed to include the 25- 
year time limitation described in that clause, regard-
less of any earlier construction completion date in the 
agreement. 
‘‘(vi) REFERENCES.—No law, rule, regulation, map, 
document, or other record of the United States, or 
of any State or political subdivision of a State, shall 
refer to any highway designated as a future Interstate 
System route under this subparagraph, and no such 
highway shall be signed or marked, as a highway 
on the Interstate System, until such time as the high-
way—
H. R. 4348—22 
‘‘(I) is constructed to the geometric and 
construction standards for the Interstate System; 
and 
‘‘(II) has been designated as a route on the 
Interstate System. 
‘‘(C) FINANCIAL RESPONSIBILITY.—Except as provided 
in this title, the designation of a highway under this para-
graph shall create no additional Federal financial responsi-
bility with respect to the highway. 
‘‘(5) EXEMPTION OF INTERSTATE SYSTEM.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the Interstate System shall not be considered to be 
a historic site under section 303 of title 49 or section 
138 of this title, regardless of whether the Interstate 
System or portions or elements of the Interstate System 
are listed on, or eligible for listing on, the National Register 
of Historic Places. 
‘‘(B) INDIVIDUAL ELEMENTS.—Subject to subparagraph 
(C)— 
‘‘(i) the Secretary shall determine, through the 
administrative process established for exempting the 
Interstate System from section 106 of the National 
Historic Preservation Act (16 U.S.C. 470f), those indi-
vidual elements of the Interstate System that possess 
national or exceptional historic significance (such as 
a historic bridge or a highly significant engineering 
feature); and 
‘‘(ii) those elements shall be considered to be his-
toric sites under section 303 of title 49 or section 
138 of this title, as applicable. 
‘‘(C) CONSTRUCTION, MAINTENANCE, RESTORATION, AND 
REHABILITATION
ACTIVITIES.—Subparagraph (B) does not 
prohibit a State from carrying out construction, mainte-
nance, preservation, restoration, or rehabilitation activities 
for a portion of the Interstate System referred to in 
subparagraph (B) upon compliance with section 303 of title 
49 or section 138 of this title, as applicable, and section 
106 of the National Historic Preservation Act (16 U.S.C. 
470f).’’. 
(b) INCLUSION OF CERTAIN ROUTE SEGMENTS ON INTERSTATE 
SYSTEM.— 
(1) IN GENERAL.—Section 1105(e)(5)(A) of the Intermodal 
Surface Transportation Efficiency Act of 1991 (105 Stat. 2031; 
109 Stat. 597; 115 Stat. 872) is amended— 
(A) in the first sentence, by striking ‘‘and in subsections 
(c)(18) and (c)(20)’’ and inserting ‘‘, in subsections (c)(18) 
and (c)(20), and in subparagraphs (A)(iii) and (B) of sub-
section (c)(26)’’; and 
(B) in the second sentence, by striking ‘‘that the seg-
ment’’ and all that follows through the period and inserting 
‘‘that the segment meets the Interstate System design 
standards approved by the Secretary under section 109(b) 
of title 23, United States Code, and is planned to connect 
to an existing Interstate System segment by the date that 
is 25 years after the date of enactment of the MAP–21.’’. 
(2) ROUTE
DESIGNATION.—Section 1105(e)(5)(C)(i) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (105
H. R. 4348—23 
Stat. 2032; 109 Stat. 598) is amended by adding at the end 
the following: ‘‘The routes referred to subparagraphs (A)(iii) 
and (B)(i) of subsection (c)(26) are designated as Interstate 
Route I-11.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) ANALYSIS.—The analysis for chapter 1 of title 23, United 
States Code, is amended by striking the item relating to section 
103 and inserting the following: 
‘‘103. National Highway System.’’. 
(2) SECTION 113.—Section 113 of title 23, United States 
Code, is amended— 
(A) in subsection (a) by striking ‘‘the Federal-aid sys-
tems’’ and inserting ‘‘Federal-aid highways’’; and 
(B) in subsection (b), in the first sentence, by striking 
‘‘of the Federal-aid systems’’ and inserting ‘‘Federal-aid 
highway’’. 
(3) SECTION 123.—Section 123(a) of title 23, United States 
Code, is amended in the first sentence by striking ‘‘Federal- 
aid system’’ and inserting ‘‘Federal-aid highway’’. 
(4) SECTION 217.—Section 217(b) of title 23, United States 
Code, is amended in the subsection heading by striking 
‘‘NATIONAL HIGHWAY SYSTEM’’ and inserting ‘‘NATIONAL HIGH-
WAY PERFORMANCE PROGRAM’’. 
(5) SECTION 304.—Section 304 of title 23, United States 
Code, is amended in the first sentence by striking ‘‘the Federal- 
aid highway systems’’ and inserting ‘‘Federal-aid highways’’. 
(6) SECTION 317.—Section 317(d) of title 23, United States 
Code, is amended by striking ‘‘system’’ and inserting ‘‘highway’’. 
SEC. 1105. APPORTIONMENT. 
(a) IN GENERAL.—Section 104 of title 23, United States Code, 
is amended to read as follows: 
‘‘§ 104. Apportionment 
‘‘(a) ADMINISTRATIVE EXPENSES.— 
‘‘(1) IN GENERAL.—There are authorized to be appropriated 
from the Highway Trust Fund (other than the Mass Transit 
Account) to be made available to the Secretary for administra-
tive expenses of the Federal Highway Administration— 
‘‘(A) $454,180,326 for fiscal year 2013; and 
‘‘(B) $440,000,000 for fiscal year 2014. 
‘‘(2) PURPOSES.—The amounts authorized to be appro-
priated by this subsection shall be used— 
‘‘(A) to administer the provisions of law to be funded 
from appropriations for the Federal-aid highway program 
and programs authorized under chapter 2; 
‘‘(B) to make transfers of such sums as the Secretary 
determines to be appropriate to the Appalachian Regional 
Commission for administrative activities associated with 
the Appalachian development highway system; and 
‘‘(C) to reimburse, as appropriate, the Office of 
Inspector General of the Department of Transportation 
for the conduct of annual audits of financial statements 
in accordance with section 3521 of title 31. 
‘‘(3) AVAILABILITY.—The amounts made available under 
paragraph (1) shall remain available until expended.
H. R. 4348—24 
‘‘(b) DIVISION OF STATE APPORTIONMENTS AMONG PROGRAMS.— 
The Secretary shall distribute the amount apportioned to a State 
for a fiscal year under subsection (c) among the national highway 
performance program, the surface transportation program, the high-
way safety improvement program, and the congestion mitigation 
and air quality improvement program, and to carry out section 
134 as follows: 
‘‘(1) NATIONAL HIGHWAY PERFORMANCE PROGRAM.—For the 
national highway performance program, 63.7 percent of the 
amount remaining after distributing amounts under paragraphs 
(4) and (5). 
‘‘(2) SURFACE TRANSPORTATION PROGRAM.—For the surface 
transportation program, 29.3 percent of the amount remaining 
after distributing amounts under paragraphs (4) and (5). 
‘‘(3) HIGHWAY
SAFETY
IMPROVEMENT
PROGRAM.—For the 
highway safety improvement program, 7 percent of the amount 
remaining after distributing amounts under paragraphs (4) and 
(5). 
‘‘(4) CONGESTION MITIGATION AND AIR QUALITY IMPROVE-
MENT PROGRAM.—For the congestion mitigation and air quality 
improvement program, an amount determined by multiplying 
the amount determined for the State under subsection (c) by 
the proportion that— 
‘‘(A) the amount apportioned to the State for the 
congestion mitigation and air quality improvement program 
for fiscal year 2009; bears to 
‘‘(B) the total amount of funds apportioned to the State 
for that fiscal year for the programs referred to in section 
105(a)(2) (except for the high priority projects program 
referred to in section 105(a)(2)(H)), as in effect on the 
day before the date of enactment of the MAP–21. 
‘‘(5) METROPOLITAN PLANNING.—To carry out section 134, 
an amount determined by multiplying the amount determined 
for the State under subsection (c) by the proportion that— 
‘‘(A) the amount apportioned to the State to carry 
out section 134 for fiscal year 2009; bears to 
‘‘(B) the total amount of funds apportioned to the State 
for that fiscal year for the programs referred to in section 
105(a)(2) (except for the high priority projects program 
referred to in section 105(a)(2)(H)), as in effect on the 
day before the date of enactment of the MAP–21. 
‘‘(c) CALCULATION OF STATE AMOUNTS.— 
‘‘(1) FOR FISCAL YEAR 2013.— 
‘‘(A) CALCULATION OF AMOUNT.—For fiscal year 2013, 
the amount for each State of combined apportionments 
for the national highway performance program under sec-
tion 119, the surface transportation program under section 
133, the highway safety improvement program under sec-
tion 148, the congestion mitigation and air quality improve-
ment program under section 149, and to carry out section 
134 shall be equal to the combined amount of apportion-
ments that the State received for fiscal year 2012. 
‘‘(B) STATE
APPORTIONMENT.—On October 1 of such 
fiscal year, the Secretary shall apportion the sum author-
ized to be appropriated for expenditure on the national 
highway performance program under section 119, the sur-
face transportation program under section 133, the highway
H. R. 4348—25 
safety improvement program under section 148, the conges-
tion mitigation and air quality improvement program under 
section 149, and to carry out section 134 in accordance 
with subparagraph (A). 
‘‘(2) FOR FISCAL YEAR 2014.— 
‘‘(A) STATE SHARE.—For fiscal year 2014, the amount 
for each State of combined apportionments for the national 
highway performance program under section 119, the sur-
face transportation program under section 133, the highway 
safety improvement program under section 148, the conges-
tion mitigation and air quality improvement program under 
section 149, and to carry out section 134 shall be deter-
mined as follows: 
‘‘(i) INITIAL AMOUNT.—The initial amount for each 
State shall be determined by multiplying the total 
amount available for apportionment by the share for 
each State which shall be equal to the proportion 
that— 
‘‘(I) the amount of apportionments that the 
State received for fiscal year 2012; bears to 
‘‘(II) the amount of those apportionments 
received by all States for that fiscal year. 
‘‘(ii) ADJUSTMENTS
TO
AMOUNTS.—The initial 
amounts resulting from the calculation under clause 
(i) shall be adjusted to ensure that, for each State, 
the amount of combined apportionments for the pro-
grams shall not be less than 95 percent of the esti-
mated tax payments attributable to highway users in 
the State paid into the Highway Trust Fund (other 
than the Mass Transit Account) in the most recent 
fiscal year for which data are available. 
‘‘(B) STATE
APPORTIONMENT.—On October 1 of such 
fiscal year, the Secretary shall apportion the sum author-
ized to be appropriated for expenditure on the national 
highway performance program under section 119, the sur-
face transportation program under section 133, the highway 
safety improvement program under section 148, the conges-
tion mitigation and air quality improvement program under 
section 149, and to carry out section 134 in accordance 
with subparagraph (A). 
‘‘(d) METROPOLITAN PLANNING.— 
‘‘(1) USE OF AMOUNTS.— 
‘‘(A) USE.— 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), the amounts apportioned to a State under sub-
section (b)(5) shall be made available by the State 
to the metropolitan planning organizations responsible 
for carrying out section 134 in the State. 
‘‘(ii) 
STATES
RECEIVING
MINIMUM
APPORTION-
MENT.—A State that received the minimum apportion-
ment for use in carrying out section 134 for fiscal 
year 2009 may, subject to the approval of the Secretary, 
use the funds apportioned under subsection (b)(5) to 
fund transportation planning outside of urbanized 
areas.
H. R. 4348—26 
‘‘(B) UNUSED
FUNDS.—Any funds that are not used 
to carry out section 134 may be made available by a metro-
politan planning organization to the State to fund activities 
under section 135. 
‘‘(2) DISTRIBUTION OF AMOUNTS WITHIN STATES.— 
‘‘(A) IN GENERAL.—The distribution within any State 
of the planning funds made available to organizations 
under paragraph (1) shall be in accordance with a formula 
that— 
‘‘(i) is developed by each State and approved by 
the Secretary; and 
‘‘(ii) takes into consideration, at a minimum, popu-
lation, status of planning, attainment of air quality 
standards, metropolitan area transportation needs, and 
other factors necessary to provide for an appropriate 
distribution of funds to carry out section 134 and other 
applicable requirements of Federal law. 
‘‘(B) REIMBURSEMENT.—Not later than 15 business 
days after the date of receipt by a State of a request 
for reimbursement of expenditures made by a metropolitan 
planning organization for carrying out section 134, the 
State shall reimburse, from amounts distributed under this 
paragraph to the metropolitan planning organization by 
the State, the metropolitan planning organization for those 
expenditures. 
‘‘(3) DETERMINATION OF POPULATION FIGURES.—For the pur-
pose of determining population figures under this subsection, 
the Secretary shall use the latest available data from the decen-
nial census conducted under section 141(a) of title 13, United 
States Code. 
‘‘(e) CERTIFICATION OF APPORTIONMENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) on October 1 of each fiscal year, certify to each 
of the State transportation departments the amount that 
has been apportioned to the State under this section for 
the fiscal year; and 
‘‘(B) to permit the States to develop adequate plans 
for the use of amounts apportioned under this section, 
advise each State of the amount that will be apportioned 
to the State under this section for a fiscal year not later 
than 90 days before the beginning of the fiscal year for 
which the sums to be apportioned are authorized. 
‘‘(2) NOTICE TO STATES.—If the Secretary has not made 
an apportionment under this section for a fiscal year beginning 
after September 30, 1998, by not later than the date that 
is the twenty-first day of that fiscal year, the Secretary shall 
submit, by not later than that date, to the Committee on 
Transportation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public Works 
of the Senate, a written statement of the reason for not making 
the apportionment in a timely manner. 
‘‘(3) APPORTIONMENT CALCULATIONS.— 
‘‘(A) IN GENERAL.—The calculation of official apportion-
ments of funds to the States under this title is a primary 
responsibility of the Department and shall be carried out 
only by employees (and not contractors) of the Department.
H. R. 4348—27 
‘‘(B) PROHIBITION ON USE OF FUNDS TO HIRE CONTRAC-
TORS.—None of the funds made available under this title 
shall be used to hire contractors to calculate the apportion-
ments of funds to States. 
‘‘(f) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.— 
‘‘(1) TRANSFER OF HIGHWAY FUNDS FOR TRANSIT PROJECTS.— 
‘‘(A) IN
GENERAL.—Subject to subparagraph (B), 
amounts made available for transit projects or transpor-
tation planning under this title may be transferred to and 
administered by the Secretary in accordance with chapter 
53 of title 49. 
‘‘(B) NON-FEDERAL SHARE.—The provisions of this title 
relating to the non-Federal share shall apply to the 
amounts transferred under subparagraph (A). 
‘‘(2) TRANSFER OF TRANSIT FUNDS FOR HIGHWAY PROJECTS.— 
‘‘(A) IN
GENERAL.—Subject to subparagraph (B), 
amounts made available for highway projects or transpor-
tation planning under chapter 53 of title 49 may be trans-
ferred to and administered by the Secretary in accordance 
with this title. 
‘‘(B) NON-FEDERAL SHARE.—The provisions of chapter 
53 of title 49 relating to the non-Federal share shall apply 
to amounts transferred under subparagraph (A). 
‘‘(3) TRANSFER OF FUNDS AMONG STATES OR TO FEDERAL 
HIGHWAY ADMINISTRATION.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 
Secretary may, at the request of a State, transfer amounts 
apportioned or allocated under this title to the State to 
another State, or to the Federal Highway Administration, 
for the purpose of funding 1 or more projects that are 
eligible for assistance with amounts so apportioned or allo-
cated. 
‘‘(B) APPORTIONMENT.—The transfer shall have no 
effect on any apportionment of amounts to a State under 
this section. 
‘‘(C) FUNDS
SUBALLOCATED
TO
URBANIZED
AREAS.— 
Amounts that are apportioned or allocated to a State under 
subsection (b)(3) (as in effect on the day before the date 
of enactment of the MAP–21) or subsection (b)(2) and 
attributed to an urbanized area of a State with a population 
of more than 200,000 individuals under section 133(d) may 
be transferred under this paragraph only if the metropoli-
tan planning organization designated for the area concurs, 
in writing, with the transfer request. 
‘‘(4) TRANSFER
OF
OBLIGATION
AUTHORITY.—Obligation 
authority for amounts transferred under this subsection shall 
be transferred in the same manner and amount as the amounts 
for the projects that are transferred under this section. 
‘‘(g) REPORT TO CONGRESS.—For each fiscal year, the Secretary 
shall make available to the public, in a user-friendly format via 
the Internet, a report that describes— 
‘‘(1) the amount obligated, by each State, for Federal-aid 
highways and highway safety construction programs during 
the preceding fiscal year; 
‘‘(2) the balance, as of the last day of the preceding fiscal 
year, of the unobligated apportionment of each State by fiscal 
year under this section;
H. R. 4348—28 
‘‘(3) the balance of unobligated sums available for expendi-
ture at the discretion of the Secretary for such highways and 
programs for the fiscal year; and 
‘‘(4) the rates of obligation of funds apportioned or set 
aside under this section, according to— 
‘‘(A) program; 
‘‘(B) funding category of subcategory; 
‘‘(C) type of improvement; 
‘‘(D) State; and 
‘‘(E) sub-State geographical area, including urbanized 
and rural areas, on the basis of the population of each 
such area.’’. 
(b) CONFORMING
AMENDMENT.—Section 146(a) of title 23, 
United States Code, is amended by striking ‘‘sections 104(b)(l) and 
104(b)(3)’’ and inserting ‘‘section 104(b)(2)’’. 
SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 
(a) IN GENERAL.—Section 119 of title 23, United States Code, 
is amended to read as follows: 
‘‘§ 119. National highway performance program 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish and imple-
ment a national highway performance program under this section. 
‘‘(b) PURPOSES.—The purposes of the national highway perform-
ance program shall be— 
‘‘(1) to provide support for the condition and performance 
of the National Highway System; 
‘‘(2) to provide support for the construction of new facilities 
on the National Highway System; and 
‘‘(3) to ensure that investments of Federal-aid funds in 
highway construction are directed to support progress toward 
the achievement of performance targets established in an asset 
management plan of a State for the National Highway System. 
‘‘(c) ELIGIBLE FACILITIES.—Except as provided in subsection 
(d), to be eligible for funding apportioned under section 104(b)(1) 
to carry out this section, a facility shall be located on the National 
Highway System, as defined in section 103. 
‘‘(d) ELIGIBLE PROJECTS.—Funds apportioned to a State to carry 
out the national highway performance program may be obligated 
only for a project on an eligible facility that is— 
‘‘(1)(A) a project or part of a program of projects supporting 
progress toward the achievement of national performance goals 
for improving infrastructure condition, safety, mobility, or 
freight movement on the National Highway System; and 
‘‘(B) consistent with sections 134 and 135; and 
‘‘(2) for 1 or more of the following purposes: 
‘‘(A) Construction, reconstruction, resurfacing, restora-
tion, rehabilitation, preservation, or operational improve-
ment of segments of the National Highway System. 
‘‘(B) Construction, replacement (including replacement 
with fill material), rehabilitation, preservation, and protec-
tion (including scour countermeasures, seismic retrofits, 
impact protection measures, security countermeasures, and 
protection against extreme events) of bridges on the 
National Highway System.
H. R. 4348—29 
‘‘(C) Construction, replacement (including replacement 
with fill material), rehabilitation, preservation, and protec-
tion (including impact protection measures, security 
countermeasures, and protection against extreme events) 
of tunnels on the National Highway System. 
‘‘(D) Inspection and evaluation, as described in section 
144, of bridges and tunnels on the National Highway 
System, and inspection and evaluation of other highway 
infrastructure assets on the National Highway System, 
including signs and sign structures, earth retaining walls, 
and drainage structures. 
‘‘(E) Training of bridge and tunnel inspectors, as 
described in section 144. 
‘‘(F) Construction, rehabilitation, or replacement of 
existing ferry boats and ferry boat facilities, including 
approaches, that connect road segments of the National 
Highway System. 
‘‘(G) Construction, reconstruction, resurfacing, restora-
tion, rehabilitation, and preservation of, and operational 
improvements for, a Federal-aid highway not on the 
National Highway System, and construction of a transit 
project eligible for assistance under chapter 53 of title 
49, if— 
‘‘(i) the highway project or transit project is in 
the same corridor as, and in proximity to, a fully 
access-controlled highway designated as a part of the 
National Highway System; 
‘‘(ii) the construction or improvements will reduce 
delays or produce travel time savings on the fully 
access-controlled highway described in clause (i) and 
improve regional traffic flow; and 
‘‘(iii) the construction or improvements are more 
cost-effective, as determined by benefit-cost analysis, 
than an improvement to the fully access-controlled 
highway described in clause (i). 
‘‘(H) Bicycle transportation and pedestrian walkways 
in accordance with section 217. 
‘‘(I) Highway safety improvements for segments of the 
National Highway System. 
‘‘(J) Capital and operating costs for traffic and traveler 
information monitoring, management, and control facilities 
and programs. 
‘‘(K) Development and implementation of a State asset 
management plan for the National Highway System in 
accordance with this section, including data collection, 
maintenance, and integration and the cost associated with 
obtaining, updating, and licensing software and equipment 
required for risk-based asset management and perform-
ance-based management. 
‘‘(L) Infrastructure-based intelligent transportation sys-
tems capital improvements. 
‘‘(M) Environmental restoration and pollution abate-
ment in accordance with section 328. 
‘‘(N) Control of noxious weeds and aquatic noxious 
weeds and establishment of native species in accordance 
with section 329.
H. R. 4348—30 
‘‘(O) Environmental mitigation efforts related to 
projects funded under this section, as described in sub-
section (g). 
‘‘(P) Construction of publicly owned intracity or inter-
city bus terminals servicing the National Highway System. 
‘‘(e) STATE PERFORMANCE MANAGEMENT.— 
‘‘(1) IN GENERAL.—A State shall develop a risk-based asset 
management plan for the National Highway System to improve 
or preserve the condition of the assets and the performance 
of the system. 
‘‘(2) PERFORMANCE DRIVEN PLAN.—A State asset manage-
ment plan shall include strategies leading to a program of 
projects that would make progress toward achievement of the 
State targets for asset condition and performance of the 
National Highway System in accordance with section 150(d) 
and supporting the progress toward the achievement of the 
national goals identified in section 150(b). 
‘‘(3) SCOPE.—In developing a risk-based asset management 
plan, the Secretary shall encourage States to include all infra-
structure assets within the right-of-way corridor in such plan. 
‘‘(4) PLAN
CONTENTS.—A State asset management plan 
shall, at a minimum, be in a form that the Secretary determines 
to be appropriate and include— 
‘‘(A) a summary listing of the pavement and bridge 
assets on the National Highway System in the State, 
including a description of the condition of those assets; 
‘‘(B) asset management objectives and measures; 
‘‘(C) performance gap identification; 
‘‘(D) lifecycle cost and risk management analysis; 
‘‘(E) a financial plan; and 
‘‘(F) investment strategies. 
‘‘(5) REQUIREMENT
FOR
PLAN.—Notwithstanding section 
120, with respect to the second fiscal year beginning after 
the date of establishment of the process established in para-
graph (8) or any subsequent fiscal year, if the Secretary deter-
mines that a State has not developed and implemented a State 
asset management plan consistent with this section, the Federal 
share payable on account of any project or activity carried 
out by the State in that fiscal year under this section shall 
be 65 percent. 
‘‘(6) CERTIFICATION OF PLAN DEVELOPMENT PROCESS.— 
‘‘(A) IN GENERAL.—Not later than 90 days after the 
date on which a State submits a request for approval 
of the process used by the State to develop the State 
asset management plan for the National Highway System, 
the Secretary shall— 
‘‘(i) review the process; and 
‘‘(ii)(I) certify that the process meets the require-
ments established by the Secretary; or 
‘‘(II) deny certification and specify actions nec-
essary for the State to take to correct deficiencies in 
the State process. 
‘‘(B) RECERTIFICATION.—Not less frequently than once 
every 4 years, the Secretary shall review and recertify 
that the process used by a State to develop and maintain 
the State asset management plan for the National Highway
H. R. 4348—31 
System meets the requirements for the process, as estab-
lished by the Secretary. 
‘‘(C) OPPORTUNITY TO CURE.—If the Secretary denies 
certification under subparagraph (A), the Secretary shall 
provide the State with— 
‘‘(i) not less than 90 days to cure the deficiencies 
of the plan, during which time period all penalties 
and other legal impacts of a denial of certification 
shall be stayed; and 
‘‘(ii) a written statement of the specific actions 
the Secretary determines to be necessary for the State 
to cure the plan. 
‘‘(7) PERFORMANCE ACHIEVEMENT.—A State that does not 
achieve or make significant progress toward achieving the tar-
gets of the State for performance measures described in section 
150(d) for the National Highway System for 2 consecutive 
reports submitted under this paragraph shall include in the 
next report submitted a description of the actions the State 
will undertake to achieve the targets. 
‘‘(8) PROCESS.—Not later than 18 months after the date 
of enactment of the MAP–21, the Secretary shall, by regulation 
and in consultation with State departments of transportation, 
establish the process to develop the State asset management 
plan described in paragraph (1). 
‘‘(f) INTERSTATE SYSTEM AND NHS BRIDGE CONDITIONS.— 
‘‘(1) CONDITION OF INTERSTATE SYSTEM.— 
‘‘(A) PENALTY.—If, during 2 consecutive reporting 
periods, the condition of the Interstate System, excluding 
bridges on the Interstate System, in a State falls below 
the minimum condition level established by the Secretary 
under section 150(c)(3), the State shall be required, during 
the following fiscal year— 
‘‘(i) to obligate, from the amounts apportioned to 
the State under section 104(b)(1), an amount that is 
not less than the amount of funds apportioned to the 
State for fiscal year 2009 under the Interstate mainte-
nance program for the purposes described in this sec-
tion (as in effect on the day before the date of enact-
ment of the MAP–21), except that for each year after 
fiscal year 2013, the amount required to be obligated 
under this clause shall be increased by 2 percent over 
the amount required to be obligated in the previous 
fiscal year; and 
‘‘(ii) to transfer, from the amounts apportioned to 
the State under section 104(b)(2) (other than amounts 
suballocated to metropolitan areas and other areas 
of the State under section 133(d)) to the apportionment 
of the State under section 104(b)(1), an amount equal 
to 10 percent of the amount of funds apportioned to 
the State for fiscal year 2009 under the Interstate 
maintenance program for the purposes described in 
this section (as in effect on the day before the date 
of enactment of the MAP–21). 
‘‘(B) RESTORATION.—The obligation requirement for the 
Interstate System in a State required by subparagraph 
(A) for a fiscal year shall remain in effect for each subse-
quent fiscal year until such time as the condition of the
H. R. 4348—32 
Interstate System in the State exceeds the minimum condi-
tion level established by the Secretary. 
‘‘(2) CONDITION OF NHS BRIDGES.— 
‘‘(A) PENALTY.—If the Secretary determines that, for 
the 3-year-period preceding the date of the determination, 
more than 10 percent of the total deck area of bridges 
in the State on the National Highway System is located 
on bridges that have been classified as structurally defi-
cient, an amount equal to 50 percent of funds apportioned 
to such State for fiscal year 2009 to carry out section 
144 (as in effect the day before enactment of MAP–21) 
shall be set aside from amounts apportioned to a State 
for a fiscal year under section 104(b)(1) only for eligible 
projects on bridges on the National Highway System. 
‘‘(B) RESTORATION.—The set-aside requirement for 
bridges on the National Highway System in a State under 
subparagraph (A) for a fiscal year shall remain in effect 
for each subsequent fiscal year until such time as less 
than 10 percent of the total deck area of bridges in the 
State on the National Highway System is located on bridges 
that have been classified as structurally deficient, as deter-
mined by the Secretary. 
‘‘(g) ENVIRONMENTAL MITIGATION.— 
‘‘(1) ELIGIBLE ACTIVITIES.—In accordance with all applicable 
Federal law (including regulations), environmental mitigation 
efforts referred to in subsection (d)(2)(O) include participation 
in natural habitat and wetlands mitigation efforts relating to 
projects funded under this title, which may include— 
‘‘(A) participation in mitigation banking or other third- 
party mitigation arrangements, such as— 
‘‘(i) the purchase of credits from commercial mitiga-
tion banks; 
‘‘(ii) the establishment and management of agency- 
sponsored mitigation banks; and 
‘‘(iii) the purchase of credits or establishment of 
in-lieu fee mitigation programs; 
‘‘(B) contributions to statewide and regional efforts to 
conserve, restore, enhance, and create natural habitats and 
wetlands; and 
‘‘(C) the development of statewide and regional environ-
mental protection plans, including natural habitat and wet-
land conservation and restoration plans. 
‘‘(2) INCLUSION OF OTHER ACTIVITIES.—The banks, efforts, 
and plans described in paragraph (1) include any such banks, 
efforts, and plans developed in accordance with applicable law 
(including regulations). 
‘‘(3) TERMS
AND
CONDITIONS.—The following terms and 
conditions apply to natural habitat and wetlands mitigation 
efforts under this subsection: 
‘‘(A) Contributions to the mitigation effort may— 
‘‘(i) take place concurrent with, or in advance of, 
commitment of funding under this title to a project 
or projects; and 
‘‘(ii) occur in advance of project construction only 
if the efforts are consistent with all applicable require-
ments of Federal law (including regulations) and State 
transportation planning processes.
H. R. 4348—33 
‘‘(B) Credits from any agency-sponsored mitigation 
bank that are attributable to funding under this section 
may be used only for projects funded under this title, 
unless the agency pays to the Secretary an amount equal 
to the Federal funds attributable to the mitigation bank 
credits the agency uses for purposes other than mitigation 
of a project funded under this title. 
‘‘(4) PREFERENCE.—At the discretion of the project sponsor, 
preference shall be given, to the maximum extent practicable, 
to mitigating an environmental impact through the use of a 
mitigation bank, in-lieu fee, or other third-party mitigation 
arrangement, if the use of credits from the mitigation bank 
or in-lieu fee, or the other third-party mitigation arrangement 
for the project, is approved by the applicable Federal agency.’’. 
(b) TRANSITION PERIOD.— 
(1) IN GENERAL.—Except as provided in paragraph (2), until 
such date as a State has in effect an approved asset manage-
ment plan and has established performance targets as described 
in sections 119 and 150 of title 23, United States Code, that 
will contribute to achieving the national goals for the condition 
and performance of the National Highway System, but not 
later than 18 months after the date on which the Secretary 
promulgates the final regulation required under section 150(c) 
of that title, the Secretary shall approve obligations of funds 
apportioned to a State to carry out the national highway 
performance program under section 119 of that title, for projects 
that otherwise meet the requirements of that section. 
(2) EXTENSION.—The Secretary may extend the transition 
period for a State under paragraph (1) if the Secretary deter-
mines that the State has made a good faith effort to establish 
an asset management plan and performance targets referred 
to in that paragraph. 
(c) CONFORMING AMENDMENT.—The analysis for chapter 1 of 
title 23, United States Code, is amended by striking the item 
relating to section 119 and inserting the following: 
‘‘119. National highway performance program.’’. 
SEC. 1107. EMERGENCY RELIEF. 
Section 125 of title 23, United States Code, is amended to 
read as follows: 
‘‘§ 125. Emergency relief 
‘‘(a) IN GENERAL.—Subject to this section and section 120, an 
emergency fund is authorized for expenditure by the Secretary 
for the repair or reconstruction of highways, roads, and trails, 
in any area of the United States, including Indian reservations, 
that the Secretary finds have suffered serious damage as a result 
of— 
‘‘(1) a natural disaster over a wide area, such as by a 
flood, hurricane, tidal wave, earthquake, severe storm, or land-
slide; or 
‘‘(2) catastrophic failure from any external cause. 
‘‘(b) RESTRICTION ON ELIGIBILITY.— 
‘‘(1) DEFINITION
OF
CONSTRUCTION
PHASE.—In this sub-
section, the term ‘construction phase’ means the phase of phys-
ical construction of a highway or bridge facility that is separate 
from any other identified phases, such as planning, design,
H. R. 4348—34 
or right-of-way phases, in the State transportation improvement 
program. 
‘‘(2) RESTRICTION.—In no case shall funds be used under 
this section for the repair or reconstruction of a bridge— 
‘‘(A) that has been permanently closed to all vehicular 
traffic by the State or responsible local official because 
of imminent danger of collapse due to a structural defi-
ciency or physical deterioration; or 
‘‘(B) if a construction phase of a replacement structure 
is included in the approved Statewide transportation 
improvement program at the time of an event described 
in subsection (a). 
‘‘(c) FUNDING.— 
‘‘(1) IN GENERAL.—Subject to the limitations described in 
paragraph (2), there are authorized to be appropriated from 
the Highway Trust Fund (other than the Mass Transit Account) 
such sums as are necessary to establish the fund authorized 
by this section and to replenish that fund on an annual basis. 
‘‘(2) LIMITATIONS.—The limitations referred to in paragraph 
(1) are that— 
‘‘(A) not more than $100,000,000 is authorized to be 
obligated in any 1 fiscal year commencing after September 
30, 1980, to carry out this section, except that, if for any 
fiscal year the total of all obligations under this section 
is less than the amount authorized to be obligated for 
the fiscal year, the unobligated balance of that amount 
shall— 
‘‘(i) remain available until expended; and 
‘‘(ii) be in addition to amounts otherwise available 
to carry out this section for each year; and 
‘‘(B)(i) pending such appropriation or replenishment, 
the Secretary may obligate from any funds appropriated 
at any time for obligation in accordance with this title, 
including existing Federal-aid appropriations, such sums 
as are necessary for the immediate prosecution of the work 
herein authorized; and 
‘‘(ii) funds obligated under this subparagraph shall be 
reimbursed from the appropriation or replenishment. 
‘‘(d) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—The Secretary may expend funds from 
the emergency fund authorized by this section only for the 
repair or reconstruction of highways on Federal-aid highways 
in accordance with this chapter, except that— 
‘‘(A) no funds shall be so expended unless an emergency 
has been declared by the Governor of the State with concur-
rence by the Secretary, unless the President has declared 
the emergency to be a major disaster for the purposes 
of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.) for which concur-
rence of the Secretary is not required; and 
‘‘(B) the Secretary has received an application from 
the State transportation department that includes a com-
prehensive list of all eligible project sites and repair costs 
by not later than 2 years after the natural disaster or 
catastrophic failure. 
‘‘(2) COST LIMITATION.—
H. R. 4348—35 
‘‘(A) DEFINITION
OF
COMPARABLE
FACILITY.—In this 
paragraph, the term ‘comparable facility’ means a facility 
that meets the current geometric and construction stand-
ards required for the types and volume of traffic that 
the facility will carry over its design life. 
‘‘(B) LIMITATION.—The total cost of a project funded 
under this section may not exceed the cost of repair or 
reconstruction of a comparable facility. 
‘‘(3) DEBRIS REMOVAL.—The costs of debris removal shall 
be an eligible expense under this section only for— 
‘‘(A) an event not declared a major disaster or emer-
gency by the President under the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.); or 
‘‘(B) an event declared a major disaster or emergency 
by the President under that Act if the debris removal 
is not eligible for assistance under section 403, 407, or 
502 of that Act (42 U.S.C. 5170b, 5173, 5192). 
‘‘(4) TERRITORIES.—The total obligations for projects under 
this section for any fiscal year in the Virgin Islands, Guam, 
American Samoa, and the Commonwealth of the Northern Mar-
iana Islands shall not exceed $20,000,000. 
‘‘(5) SUBSTITUTE
TRAFFIC.—Notwithstanding any other 
provision of this section, actual and necessary costs of mainte-
nance and operation of ferryboats or additional transit service 
providing temporary substitute highway traffic service, less 
the amount of fares charged for comparable service, may be 
expended from the emergency fund authorized by this section 
for Federal-aid highways. 
‘‘(e) TRIBAL
TRANSPORTATION
FACILITIES, FEDERAL
LANDS 
TRANSPORTATION
FACILITIES, AND
PUBLIC
ROADS
ON
FEDERAL 
LANDS.— 
‘‘(1) DEFINITION OF OPEN TO PUBLIC TRAVEL.—In this sub-
section, the term ‘open to public travel’ means, with respect 
to a road, that, except during scheduled periods, extreme 
weather conditions, or emergencies, the road is open to the 
general public for use with a standard passenger vehicle, with-
out restrictive gates or prohibitive signs or regulations, other 
than for general traffic control or restrictions based on size, 
weight, or class of registration. 
‘‘(2) EXPENDITURE OF FUNDS.—Notwithstanding subsection 
(d)(1), the Secretary may expend funds from the emergency 
fund authorized by this section, independently or in cooperation 
with any other branch of the Federal Government, a State 
agency, a tribal government, an organization, or a person, for 
the repair or reconstruction of tribal transportation facilities, 
Federal lands transportation facilities, and other federally 
owned roads that are open to public travel, whether or not 
those facilities are Federal-aid highways. 
‘‘(3) REIMBURSEMENT.— 
‘‘(A) IN GENERAL.—The Secretary may reimburse Fed-
eral and State agencies (including political subdivisions) 
for expenditures made for projects determined eligible 
under this section, including expenditures for emergency 
repairs made before a determination of eligibility. 
‘‘(B) TRANSFERS.—With respect to reimbursements 
described in subparagraph (A)—
H. R. 4348—36 
‘‘(i) those reimbursements to Federal agencies and 
Indian tribal governments shall be transferred to the 
account from which the expenditure was made, or to 
a similar account that remains available for obligation; 
and 
‘‘(ii) the budget authority associated with the 
expenditure shall be restored to the agency from which 
the authority was derived and shall be available for 
obligation until the end of the fiscal year following 
the year in which the transfer occurs. 
‘‘(f) TREATMENT OF TERRITORIES.—For purposes of this section, 
the Virgin Islands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands shall be considered to 
be States and parts of the United States, and the chief executive 
officer of each such territory shall be considered to be a Governor 
of a State. 
‘‘(g) PROTECTING
PUBLIC
SAFETY
AND
MAINTAINING
ROAD-
WAYS.—The Secretary may use not more than 5 percent of amounts 
from the emergency fund authorized by this section to carry out 
projects that the Secretary determines are necessary to protect 
the public safety or to maintain or protect roadways that are 
included within the scope of an emergency declaration by the Gov-
ernor of the State or by the President, in accordance with this 
section, and the Governor deems to be an ongoing concern in order 
to maintain vehicular traffic on the roadway.’’. 
SEC. 1108. SURFACE TRANSPORTATION PROGRAM. 
(a) ELIGIBLE PROJECTS.—Section 133(b) of title 23, United 
States Code, is amended— 
(1) in the matter preceding paragraph (1) by striking ‘‘sec-
tion 104(b)(3)’’ and inserting ‘‘section 104(b)(2)’’; 
(2) by striking paragraph (1); 
(3) by redesignating paragraphs (2) through (15) as para-
graphs (5) through (18), respectively; 
(4) by inserting before paragraph (5) (as so redesignated) 
the following: 
‘‘(1) Construction, reconstruction, rehabilitation, resur-
facing, restoration, preservation, or operational improvements 
for highways, including construction of designated routes of 
the Appalachian development highway system and local access 
roads under section 14501 of title 40. 
‘‘(2) Replacement (including replacement with fill material), 
rehabilitation, preservation, protection (including painting, 
scour countermeasures, seismic retrofits, impact protection 
measures, security countermeasures, and protection against 
extreme events) and application of calcium magnesium acetate, 
sodium acetate/formate, or other environmentally acceptable, 
minimally corrosive anti-icing and deicing compositions for 
bridges (and approaches to bridges and other elevated struc-
tures) and tunnels on public roads of all functional classifica-
tions, including any such construction or reconstruction nec-
essary to accommodate other transportation modes. 
‘‘(3) Construction of a new bridge or tunnel at a new loca-
tion on a Federal-aid highway. 
‘‘(4) Inspection and evaluation of bridges and tunnels and 
training of bridge and tunnel inspectors (as defined in section
H. R. 4348—37 
144), and inspection and evaluation of other highway assets 
(including signs, retaining walls, and drainage structures).’’; 
(5) by striking paragraph (6) (as so redesignated) and 
inserting the following: 
‘‘(6) Carpool projects, fringe and corridor parking facilities 
and programs, including electric vehicle and natural gas vehicle 
infrastructure in accordance with section 137, bicycle transpor-
tation and pedestrian walkways in accordance with section 
217, and the modifications of public sidewalks to comply with 
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 
et seq.).’’; 
(6) by striking paragraph (7) (as so redesignated) and 
inserting the following: 
‘‘(7) Highway and transit safety infrastructure improve-
ments and programs, installation of safety barriers and nets 
on bridges, hazard eliminations, projects to mitigate hazards 
caused by wildlife, and railway-highway grade crossings.’’; 
(7) in paragraph (11) (as so redesignated) by striking 
‘‘enhancement activities’’ and inserting ‘‘alternatives’’; 
(8) by striking paragraph (14) (as so redesignated) and 
inserting the following: 
‘‘(14) Environmental mitigation efforts relating to projects 
funded under this title in the same manner and to the same 
extent as such activities are eligible under section 119(g).’’; 
and 
(9) by inserting after paragraph (18) (as so redesignated) 
the following: 
‘‘(19) Projects and strategies designed to support congestion 
pricing, including electric toll collection and travel demand 
management strategies and programs. 
‘‘(20) Recreational trails projects eligible for funding under 
section 206. 
‘‘(21) Construction of ferry boats and ferry terminal facili-
ties eligible for funding under section 129(c). 
‘‘(22) Border infrastructure projects eligible for funding 
under section 1303 of the SAFETEA–LU (23 U.S.C. 101 note; 
Public Law 109–59). 
‘‘(23) Truck parking facilities eligible for funding under 
section 1401 of the MAP–21. 
‘‘(24) Development and implementation of a State asset 
management plan for the National Highway System in accord-
ance with section 119, including data collection, maintenance, 
and integration and the costs associated with obtaining, 
updating, and licensing software and equipment required for 
risk based asset management and performance based manage-
ment, and for similar activities related to the development 
and implementation of a performance based management pro-
gram for other public roads. 
‘‘(25) A project that, if located within the boundaries of 
a port terminal, includes only such surface transportation infra-
structure modifications as are necessary to facilitate direct 
intermodal interchange, transfer, and access into and out of 
the port. 
‘‘(26) Construction and operational improvements for any 
minor collector if— 
‘‘(A) the minor collector, and the project to be carried 
out with respect to the minor collector, are in the same
H. R. 4348—38 
corridor as, and in proximity to, a Federal-aid highway 
designated as part of the National Highway System; 
‘‘(B) the construction or improvements will enhance 
the level of service on the Federal-aid highway described 
in subparagraph (A) and improve regional traffic flow; and 
‘‘(C) the construction or improvements are more cost- 
effective, as determined by a benefit-cost analysis, than 
an improvement to the Federal-aid highway described in 
subparagraph (A).’’. 
(b) LOCATION OF PROJECTS.—Section 133 of title 23, United 
States Code, is amended by striking subsection (c) and inserting 
the following: 
‘‘(c) LOCATION OF PROJECTS.—Surface transportation program 
projects may not be undertaken on roads functionally classified 
as local or rural minor collectors unless the roads were on a Federal- 
aid highway system on January 1, 1991, except— 
‘‘(1) as provided in subsection (g); 
‘‘(2) for projects described in paragraphs (2), (4), (6), (7), 
(11), (20), (25), and (26) of subsection (b); and 
‘‘(3) as approved by the Secretary.’’. 
(c) ALLOCATION OF APPORTIONED FUNDS.—Section 133 of the 
title 23, United States Code, is amended by striking subsection 
(d) and inserting the following: 
‘‘(d) ALLOCATIONS OF APPORTIONED FUNDS TO AREAS BASED 
ON POPULATION.— 
‘‘(1) CALCULATION.—Of the funds apportioned to a State 
under section 104(b)(2)— 
‘‘(A) 50 percent for a fiscal year shall be obligated 
under this section, in proportion to their relative shares 
of the population of the State— 
‘‘(i) in urbanized areas of the State with an urban-
ized area population of over 200,000; 
‘‘(ii) in areas of the State other than urban areas 
with a population greater than 5,000; and 
‘‘(iii) in other areas of the State; and 
‘‘(B) 50 percent may be obligated in any area of the 
State. 
‘‘(2) METROPOLITAN AREAS.—Funds attributed to an urban-
ized area under paragraph (1)(A)(i) may be obligated in the 
metropolitan area established under section 134 that encom-
passes the urbanized area. 
‘‘(3) CONSULTATION WITH REGIONAL TRANSPORTATION PLAN-
NING
ORGANIZATIONS.—For purposes of paragraph (1)(A)(ii), 
before obligating funding attributed to an area with a popu-
lation greater than 5,000 and less than 200,000, a State shall 
consult with the regional transportation planning organizations 
that represent the area, if any. 
‘‘(4) DISTRIBUTION AMONG URBANIZED AREAS OF OVER 200,000 
POPULATION.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the amount of funds that a State is required to obligate 
under paragraph (1)(A)(i) shall be obligated in urbanized 
areas described in paragraph (1)(A)(i) based on the relative 
population of the areas. 
‘‘(B) OTHER
FACTORS.—The State may obligate the 
funds described in subparagraph (A) based on other factors 
if the State and the relevant metropolitan planning
H. R. 4348—39 
organizations jointly apply to the Secretary for the permis-
sion to base the obligation on other factors and the Sec-
retary grants the request. 
‘‘(5) APPLICABILITY OF PLANNING REQUIREMENTS.—Program-
ming and expenditure of funds for projects under this section 
shall be consistent with sections 134 and 135.’’. 
(d) ADMINISTRATION.—Section 133 of title 23, United States 
Code, is amended by striking subsection (e) and inserting the fol-
lowing: 
‘‘(e) ADMINISTRATION.— 
‘‘(1) SUBMISSION OF PROJECT AGREEMENT.—For each fiscal 
year, each State shall submit a project agreement that— 
‘‘(A) certifies that the State will meet all the require-
ments of this section; and 
‘‘(B) notifies the Secretary of the amount of obligations 
needed to carry out the program under this section. 
‘‘(2) REQUEST FOR ADJUSTMENTS OF AMOUNTS.—Each State 
shall request from the Secretary such adjustments to the 
amount of obligations referred to in paragraph (1)(B) as the 
State determines to be necessary. 
‘‘(3) EFFECT OF APPROVAL BY THE SECRETARY.—Approval 
by the Secretary of a project agreement under paragraph (1) 
shall be deemed a contractual obligation of the United States 
to pay surface transportation program funds made available 
under this title.’’. 
(e) OBLIGATION AUTHORITY.—Section 133(f)(1) of title 23, United 
States Code, is amended by striking ‘‘2004 through 2006 and the 
period of fiscal years 2007 through 2009’’ and inserting ‘‘2011 
through 2014’’. 
(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.—Section 133 of 
the title 23, United States Code, is amended by adding at the 
end the following: 
‘‘(g) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 
‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In this subsection, 
the term ‘off-system bridge’ means a highway bridge located 
on a public road, other than a bridge on a Federal-aid highway. 
‘‘(2) SPECIAL RULE.— 
‘‘(A) SET-ASIDE.—Of the amounts apportioned to a State 
for fiscal year 2013 and each fiscal year thereafter under 
this section, the State shall obligate for activities described 
in subsection (b)(2) for off-system bridges an amount that 
is not less than 15 percent of the amount of funds appor-
tioned to the State for the highway bridge program for 
fiscal year 2009, except that amounts allocated under sub-
section (d) shall not be obligated to carry out this sub-
section. 
‘‘(B) REDUCTION
OF
EXPENDITURES.—The Secretary, 
after consultation with State and local officials, may reduce 
the requirement for expenditures for off-system bridges 
under subparagraph (A) with respect to the State if the 
Secretary determines that the State has inadequate needs 
to justify the expenditure. 
‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 
Notwithstanding any other provision of law, with respect to 
any project not on a Federal-aid highway for the replacement 
of a bridge or rehabilitation of a bridge that is wholly funded 
from State and local sources, is eligible for Federal funds under
H. R. 4348—40 
this section, is noncontroversial, is certified by the State to 
have been carried out in accordance with all standards 
applicable to such projects under this section, and is determined 
by the Secretary upon completion to be no longer a deficient 
bridge— 
‘‘(A) any amount expended after the date of enactment 
of this subsection from State and local sources for the 
project in excess of 20 percent of the cost of construction 
of the project may be credited to the non-Federal share 
of the cost of other bridge projects in the State that are 
eligible for Federal funds under this section; and 
‘‘(B) that crediting shall be conducted in accordance 
with procedures established by the Secretary. 
‘‘(h) SPECIAL RULE
FOR AREAS
OF LESS THAN 5,000 POPU-
LATION.— 
‘‘(1) SPECIAL RULE.—Notwithstanding subsection (c), and 
except as provided in paragraph (2), up to 15 percent of the 
amounts required to be obligated by a State under subsection 
(d)(1)(A)(iii) for each of fiscal years 2013 through 2014 may 
be obligated on roads functionally classified as minor collectors. 
‘‘(2) SUSPENSION.—The Secretary may suspend the applica-
tion of paragraph (1) with respect to a State if the Secretary 
determines that the authority provided under paragraph (1) 
is being used excessively by the State.’’. 
SEC. 1109. WORKFORCE DEVELOPMENT. 
(a) ON-THE-JOB TRAINING.—Section 140(b) of title 23, United 
States Code, is amended— 
(1) in the second sentence, by striking ‘‘Whenever appor-
tionments are made under section 104(b)(3) of this title,’’ and 
inserting ‘‘From administrative funds made available under 
section 104(a),’’; and 
(2) in the fourth sentence, by striking ‘‘and the bridge 
program under section 144’’. 
(b) DISADVANTAGED BUSINESS ENTERPRISE.—Section 140(c) of 
title 23, United States Code, is amended in the second sentence 
by striking ‘‘Whenever apportionments are made under section 
104(b)(3),’’ and inserting ‘‘From administrative funds made available 
under section 104(a),’’. 
SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS. 
Section 143 of title 23, United States Code, is amended— 
(1) in subsection (b)— 
(A) by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(2) FUNDING.— 
‘‘(A) IN GENERAL.—From administrative funds made 
available under section 104(a), the Secretary shall deduct 
such sums as are necessary, not to exceed $10,000,000 
for each of fiscal years 2013 and 2014, to carry out this 
section. 
‘‘(B) ALLOCATION
OF
FUNDS.—Funds made available 
to carry out this section may be allocated to the Internal 
Revenue Service and the States at the discretion of the 
Secretary, except that of funds so made available for each 
fiscal year, $2,000,000 shall be available only to carry 
out 
intergovernmental 
enforcement 
efforts, 
including 
research and training.’’; and
H. R. 4348—41 
(B) in paragraph (8) by striking ‘‘section 104(b)(3)’’ 
and inserting ‘‘section 104(b)(2)’’; and 
(2) in subsection (c)(3) by striking ‘‘for each of fiscal years 
2005 through 2009,’’ and inserting ‘‘for each fiscal year,’’. 
SEC. 1111. NATIONAL BRIDGE AND TUNNEL INVENTORY AND INSPEC-
TION STANDARDS. 
(a) IN GENERAL.—Section 144 of title 23, United States Code, 
is amended to read as follows: 
‘‘§ 144. National bridge and tunnel inventory and inspection 
standards 
‘‘(a) FINDINGS AND DECLARATIONS.— 
‘‘(1) FINDINGS.—Congress finds that— 
‘‘(A) the condition of the bridges of the United States 
has improved since the date of enactment of the Transpor-
tation Equity Act for the 21st Century (Public Law 105– 
178; 112 Stat. 107), yet continued improvement to bridge 
conditions is essential to protect the safety of the traveling 
public and allow for the efficient movement of people and 
goods on which the economy of the United States relies; 
and 
‘‘(B) the systematic preventative maintenance of 
bridges, and replacement and rehabilitation of deficient 
bridges, should be undertaken through an overall asset 
management approach to transportation investment. 
‘‘(2) DECLARATIONS.—Congress declares that it is in the 
vital interest of the United States— 
‘‘(A) to inventory, inspect, and improve the condition 
of the highway bridges and tunnels of the United States; 
‘‘(B) to use a data-driven, risk-based approach and 
cost-effective strategy for systematic preventative mainte-
nance, replacement, and rehabilitation of highway bridges 
and tunnels to ensure safety and extended service life; 
‘‘(C) to use performance-based bridge management sys-
tems to assist States in making timely investments; 
‘‘(D) to ensure accountability and link performance out-
comes to investment decisions; and 
‘‘(E) to ensure connectivity and access for residents 
of rural areas of the United States through strategic invest-
ments in National Highway System bridges and bridges 
on all public roads. 
‘‘(b) NATIONAL BRIDGE AND TUNNEL INVENTORIES.—The Sec-
retary, in consultation with the States and Federal agencies with 
jurisdiction over highway bridges and tunnels, shall— 
‘‘(1) inventory all highway bridges on public roads, on and 
off Federal-aid highways, including tribally owned and Feder-
ally owned bridges, that are bridges over waterways, other 
topographical barriers, other highways, and railroads; 
‘‘(2) inventory all tunnels on public roads, on and off Fed-
eral-aid highways, including tribally owned and Federally 
owned tunnels; 
‘‘(3) classify the bridges according to serviceability, safety, 
and essentiality for public use, including the potential impacts 
to emergency evacuation routes and to regional and national 
freight and passenger mobility if the serviceability of the bridge 
is restricted or diminished;
H. R. 4348—42 
‘‘(4) based on that classification, assign each a risk-based 
priority for systematic preventative maintenance, replacement, 
or rehabilitation; and 
‘‘(5) determine the cost of replacing each structurally defi-
cient bridge identified under this subsection with a comparable 
facility or the cost of rehabilitating the bridge. 
‘‘(c) GENERAL BRIDGE AUTHORITY.— 
‘‘(1) IN
GENERAL.—Except as provided in paragraph (2) 
and notwithstanding any other provision of law, the General 
Bridge Act of 1946 (33 U.S.C. 525 et seq.) shall apply to bridges 
authorized to be replaced, in whole or in part, by this title. 
‘‘(2) EXCEPTION.—Section 502(b) of the General Bridge Act 
of 1946 (33 U.S.C. 525(b)) and section 9 of the Act of March 
3, 1899 (33 U.S.C. 401), shall not apply to any bridge con-
structed, reconstructed, rehabilitated, or replaced with assist-
ance under this title, if the bridge is over waters that— 
‘‘(A) are not used and are not susceptible to use in 
the natural condition of the bridge or by reasonable 
improvement as a means to transport interstate or foreign 
commerce; and 
‘‘(B) are— 
‘‘(i) not tidal; or 
‘‘(ii) if tidal, used only by recreational boating, 
fishing, and other small vessels that are less than 
21 feet in length. 
‘‘(d) INVENTORY UPDATES AND REPORTS.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) annually revise the inventories authorized by sub-
section (b); and 
‘‘(B) submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Environment and Public Works of the Senate 
a report on the inventories. 
‘‘(2) INSPECTION REPORT.—Not later than 2 years after the 
date of enactment of the MAP–21, each State and appropriate 
Federal agency shall report element level data to the Secretary, 
as each bridge is inspected pursuant to this section, for all 
highway bridges on the National Highway System. 
‘‘(3) GUIDANCE.—The Secretary shall provide guidance to 
States and Federal agencies for implementation of this sub-
section, while respecting the existing inspection schedule of 
each State. 
‘‘(4) BRIDGES
NOT
ON
NATIONAL
HIGHWAY
SYSTEM.—The 
Secretary shall— 
‘‘(A) conduct a study on the benefits, cost-effectiveness, 
and feasibility of requiring element-level data collection 
for bridges not on the National Highway System; and 
‘‘(B) submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Environment and Public Works of the Senate 
a report on the results of the study. 
‘‘(e) BRIDGES WITHOUT TAXING POWERS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other provision of 
law, any bridge that is owned and operated by an agency 
that does not have taxing powers and whose functions include 
operating a federally assisted public transit system subsidized 
by toll revenues shall be eligible for assistance under this
H. R. 4348—43 
title, but the amount of such assistance shall in no event 
exceed the cumulative amount which such agency has expended 
for capital and operating costs to subsidize such transit system. 
‘‘(2) INSUFFICIENT ASSETS.—Before authorizing an expendi-
ture of funds under this subsection, the Secretary shall deter-
mine that the applicant agency has insufficient reserves, sur-
pluses, and projected revenues (over and above those required 
for bridge and transit capital and operating costs) to fund 
the bridge project or activity eligible for assistance under this 
title. 
‘‘(3) CREDITING OF NON-FEDERAL FUNDS.—Any non-Federal 
funds expended for the seismic retrofit of the bridge may be 
credited toward the non-Federal share required as a condition 
of receipt of any Federal funds for seismic retrofit of the bridge 
made available after the date of the expenditure. 
‘‘(f) REPLACEMENT OF DESTROYED BRIDGES AND FERRY BOAT 
SERVICE.— 
‘‘(1) IN GENERAL.—Notwithstanding any other provision of 
law, a State may use the funds apportioned under section 
104(b)(2) to construct any bridge that replaces— 
‘‘(A) any low water crossing (regardless of the length 
of the low water crossing); 
‘‘(B) any bridge that was destroyed prior to January 
1, 1965; 
‘‘(C) any ferry that was in existence on January 1, 
1984; or 
‘‘(D) any road bridge that is rendered obsolete as a 
result of a Corps of Engineers flood control or channeliza-
tion project and is not rebuilt with funds from the Corps 
of Engineers. 
‘‘(2) FEDERAL SHARE.—The Federal share payable on any 
bridge construction carried out under paragraph (1) shall be 
80 percent of the cost of the construction. 
‘‘(g) HISTORIC BRIDGES.— 
‘‘(1) DEFINITION OF HISTORIC BRIDGE.—In this subsection, 
the term ‘historic bridge’ means any bridge that is listed on, 
or eligible for listing on, the National Register of Historic 
Places. 
‘‘(2) COORDINATION.—The Secretary shall, in cooperation 
with the States, encourage the retention, rehabilitation, 
adaptive reuse, and future study of historic bridges. 
‘‘(3) STATE INVENTORY.—The Secretary shall require each 
State to complete an inventory of all bridges on and off Federal- 
aid highways to determine the historic significance of the 
bridges. 
‘‘(4) ELIGIBILITY.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), reason-
able costs associated with actions to preserve, or reduce 
the impact of a project under this chapter on, the historic 
integrity of a historic bridge shall be eligible as reimburs-
able project costs under section 133 if the load capacity 
and safety features of the historic bridge are adequate 
to serve the intended use for the life of the historic bridge. 
‘‘(B) BRIDGES NOT USED FOR VEHICLE TRAFFIC.—In the 
case of a historic bridge that is no longer used for motorized 
vehicular traffic, the costs eligible as reimbursable project
H. R. 4348—44 
costs pursuant to this chapter shall not exceed the esti-
mated cost of demolition of the historic bridge. 
‘‘(5) PRESERVATION.—Any State that proposes to demolish 
a historic bridge for a replacement project with funds made 
available to carry out this section shall first make the historic 
bridge available for donation to a State, locality, or responsible 
private entity if the State, locality, or responsible entity enters 
into an agreement— 
‘‘(A) to maintain the bridge and the features that give 
the historic bridge its historic significance; and 
‘‘(B) to assume all future legal and financial responsi-
bility for the historic bridge, which may include an agree-
ment to hold the State transportation department harmless 
in any liability action. 
‘‘(6) COSTS INCURRED.— 
‘‘(A) IN GENERAL.—Costs incurred by the State to pre-
serve a historic bridge (including funds made available 
to the State, locality, or private entity to enable it to 
accept the bridge) shall be eligible as reimbursable project 
costs under this chapter in an amount not to exceed the 
cost of demolition. 
‘‘(B) ADDITIONAL
FUNDING.—Any bridge preserved 
pursuant to this paragraph shall not be eligible for any 
other funds authorized pursuant to this title. 
‘‘(h) NATIONAL BRIDGE AND TUNNEL INSPECTION STANDARDS.— 
‘‘(1) REQUIREMENT.— 
‘‘(A) IN GENERAL.—The Secretary shall establish and 
maintain inspection standards for the proper inspection 
and evaluation of all highway bridges and tunnels for safety 
and serviceability. 
‘‘(B) UNIFORMITY.—The standards under this sub-
section shall be designed to ensure uniformity of the inspec-
tions and evaluations. 
‘‘(2) MINIMUM REQUIREMENTS OF INSPECTION STANDARDS.— 
The standards established under paragraph (1) shall, at a min-
imum— 
‘‘(A) specify, in detail, the method by which the inspec-
tions shall be carried out by the States, Federal agencies, 
and tribal governments; 
‘‘(B) establish the maximum time period between 
inspections; 
‘‘(C) establish the qualifications for those charged with 
carrying out the inspections; 
‘‘(D) require each State, Federal agency, and tribal 
government to maintain and make available to the Sec-
retary on request— 
‘‘(i) written reports on the results of highway 
bridge and tunnel inspections and notations of any 
action taken pursuant to the findings of the inspec-
tions; and 
‘‘(ii) current inventory data for all highway bridges 
and tunnels reflecting the findings of the most recent 
highway bridge and tunnel inspections conducted; and 
‘‘(E) establish a procedure for national certification of 
highway bridge inspectors and tunnel inspectors. 
‘‘(3) STATE COMPLIANCE WITH INSPECTION STANDARDS.—The 
Secretary shall, at a minimum—
H. R. 4348—45 
‘‘(A) establish, in consultation with the States, Federal 
agencies, and interested and knowledgeable private 
organizations and individuals, procedures to conduct 
reviews of State compliance with— 
‘‘(i) the standards established under this sub-
section; and 
‘‘(ii) the calculation or reevaluation of bridge load 
ratings; and 
‘‘(B) establish, in consultation with the States, Federal 
agencies, and interested and knowledgeable private 
organizations and individuals, procedures for States to fol-
low in reporting to the Secretary— 
‘‘(i) critical findings relating to structural or safety- 
related deficiencies of highway bridges and tunnels; 
and 
‘‘(ii) monitoring activities and corrective actions 
taken in response to a critical finding described in 
clause (i). 
‘‘(4) REVIEWS OF STATE COMPLIANCE.— 
‘‘(A) IN GENERAL.—The Secretary shall annually review 
State compliance with the standards established under this 
section. 
‘‘(B) NONCOMPLIANCE.—If an annual review in accord-
ance with subparagraph (A) identifies noncompliance by 
a State, the Secretary shall— 
‘‘(i) issue a report detailing the issues of the non-
compliance by December 31 of the calendar year in 
which the review was made; and 
‘‘(ii) provide the State an opportunity to address 
the noncompliance by— 
‘‘(I) developing a corrective action plan to 
remedy the noncompliance; or 
‘‘(II) resolving the issues of noncompliance not 
later than 45 days after the date of notification. 
‘‘(5) PENALTY FOR NONCOMPLIANCE.— 
‘‘(A) IN GENERAL.—If a State fails to satisfy the require-
ments of paragraph (4)(B) by August 1 of the calendar 
year following the year of a finding of noncompliance, the 
Secretary shall, on October 1 of that year, and each year 
thereafter as may be necessary, require the State to dedi-
cate funds apportioned to the State under sections 119 
and 133 after the date of enactment of the MAP–21 to 
correct the noncompliance with the minimum inspection 
standards established under this subsection. 
‘‘(B) AMOUNT.—The amount of the funds to be directed 
to correcting noncompliance in accordance with subpara-
graph (A) shall— 
‘‘(i) be determined by the State based on an anal-
ysis of the actions needed to address the noncompli-
ance; and 
‘‘(ii) require approval by the Secretary. 
‘‘(6) UPDATE OF STANDARDS.—Not later than 3 years after 
the date of enactment of the MAP–21, the Secretary shall 
update inspection standards to cover— 
‘‘(A) the methodology, training, and qualifications for 
inspectors; and 
‘‘(B) the frequency of inspection.
H. R. 4348—46 
‘‘(7) RISK-BASED APPROACH.—In carrying out the revisions 
required by paragraph (6), the Secretary shall consider a risk- 
based approach to determining the frequency of bridge inspec-
tions. 
‘‘(i) TRAINING PROGRAM FOR BRIDGE AND TUNNEL INSPECTORS.— 
‘‘(1) IN GENERAL.—The Secretary, in cooperation with the 
State transportation departments, shall maintain a program 
designed to train appropriate personnel to carry out highway 
bridge and tunnel inspections. 
‘‘(2) REVISIONS.—The training program shall be revised 
from time to time to take into account new and improved 
techniques. 
‘‘(j) AVAILABILITY OF FUNDS.—In carrying out this section— 
‘‘(1) the Secretary may use funds made available to the 
Secretary under sections 104(a) and 503; 
‘‘(2) a State may use amounts apportioned to the State 
under section 104(b)(1) and 104(b)(3); 
‘‘(3) an Indian tribe may use funds made available to the 
Indian tribe under section 202; and 
‘‘(4) a Federal agency may use funds made available to 
the agency under section 503.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of 
title 23, United States Code, is amended by striking the item 
relating to section 144 and inserting the following: 
‘‘144. National bridge and tunnel inventory and inspection standards.’’. 
SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 
(a) IN GENERAL.—Section 148 of title 23, United States Code, 
is amended to read as follows: 
‘‘§ 148. Highway safety improvement program 
‘‘(a) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) HIGH RISK RURAL ROAD.—The term ‘high risk rural 
road’ means any roadway functionally classified as a rural 
major or minor collector or a rural local road with significant 
safety risks, as defined by a State in accordance with an 
updated State strategic highway safety plan. 
‘‘(2) HIGHWAY
BASEMAP.—The term ‘highway basemap’ 
means a representation of all public roads that can be used 
to geolocate attribute data on a roadway. 
‘‘(3) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—The term 
‘highway safety improvement program’ means projects, activi-
ties, plans, and reports carried out under this section. 
‘‘(4) HIGHWAY SAFETY IMPROVEMENT PROJECT.— 
‘‘(A) IN GENERAL.—The term ‘highway safety improve-
ment project’ means strategies, activities, and projects on 
a public road that are consistent with a State strategic 
highway safety plan and— 
‘‘(i) correct or improve a hazardous road location 
or feature; or 
‘‘(ii) address a highway safety problem. 
‘‘(B) INCLUSIONS.—The term ‘highway safety improve-
ment project’ includes, but is not limited to, a project for 
1 or more of the following: 
‘‘(i) An intersection safety improvement.
H. R. 4348—47 
‘‘(ii) Pavement and shoulder widening (including 
addition of a passing lane to remedy an unsafe condi-
tion). 
‘‘(iii) Installation of rumble strips or another 
warning device, if the rumble strips or other warning 
devices do not adversely affect the safety or mobility 
of bicyclists and pedestrians, including persons with 
disabilities. 
‘‘(iv) Installation of a skid-resistant surface at an 
intersection or other location with a high frequency 
of crashes. 
‘‘(v) An improvement for pedestrian or bicyclist 
safety or safety of persons with disabilities. 
‘‘(vi) Construction and improvement of a railway- 
highway grade crossing safety feature, including 
installation of protective devices. 
‘‘(vii) The conduct of a model traffic enforcement 
activity at a railway-highway crossing. 
‘‘(viii) Construction of a traffic calming feature. 
‘‘(ix) Elimination of a roadside hazard. 
‘‘(x) Installation, replacement, and other improve-
ment of highway signage and pavement markings, or 
a 
project 
to 
maintain 
minimum 
levels 
of 
retroreflectivity, that addresses a highway safety 
problem consistent with a State strategic highway 
safety plan. 
‘‘(xi) Installation of a priority control system for 
emergency vehicles at signalized intersections. 
‘‘(xii) Installation of a traffic control or other 
warning device at a location with high crash potential. 
‘‘(xiii) Transportation safety planning. 
‘‘(xiv) Collection, analysis, and improvement of 
safety data. 
‘‘(xv) Planning integrated interoperable emergency 
communications equipment, operational activities, or 
traffic enforcement activities (including police assist-
ance) relating to work zone safety. 
‘‘(xvi) Installation of guardrails, barriers (including 
barriers between construction work zones and traffic 
lanes for the safety of road users and workers), and 
crash attenuators. 
‘‘(xvii) The addition or retrofitting of structures 
or other measures to eliminate or reduce crashes 
involving vehicles and wildlife. 
‘‘(xviii) Installation of yellow-green signs and sig-
nals at pedestrian and bicycle crossings and in school 
zones. 
‘‘(xix) Construction and operational improvements 
on high risk rural roads. 
‘‘(xx) Geometric improvements to a road for safety 
purposes that improve safety. 
‘‘(xxi) A road safety audit. 
‘‘(xxii) Roadway safety infrastructure improve-
ments consistent with the recommendations included 
in the publication of the Federal Highway Administra-
tion entitled ‘Highway Design Handbook for Older
H. R. 4348—48 
Drivers and Pedestrians’ (FHWA–RD–01–103), dated 
May 2001 or as subsequently revised and updated. 
‘‘(xxiii) Truck parking facilities eligible for funding 
under section 1401 of the MAP–21. 
‘‘(xxiv) Systemic safety improvements. 
‘‘(5) MODEL INVENTORY OF ROADWAY ELEMENTS.—The term 
‘model inventory of roadway elements’ means the listing and 
standardized coding by the Federal Highway Administration 
of roadway and traffic data elements critical to safety manage-
ment, analysis, and decisionmaking. 
‘‘(6) 
PROJECT
TO
MAINTAIN
MINIMUM
LEVELS
OF 
RETROREFLECTIVITY.—The term ‘project to maintain minimum 
levels of retroreflectivity’ means a project that is designed to 
maintain a highway sign or pavement marking retroreflectivity 
at or above the minimum levels prescribed in Federal or State 
regulations. 
‘‘(7) ROAD
SAFETY
AUDIT.—The term ‘road safety audit’ 
means a formal safety performance examination of an existing 
or future road or intersection by an independent multidisci-
plinary audit team. 
‘‘(8) ROAD USERS.—The term ‘road user’ means a motorist, 
passenger, public transportation operator or user, truck driver, 
bicyclist, motorcyclist, or pedestrian, including a person with 
disabilities. 
‘‘(9) SAFETY DATA.— 
‘‘(A) IN GENERAL.—The term ‘safety data’ means crash, 
roadway, and traffic data on a public road. 
‘‘(B) INCLUSION.—The term ‘safety data’ includes, in 
the case of a railway-highway grade crossing, the character-
istics of highway and train traffic, licensing, and vehicle 
data. 
‘‘(10) SAFETY PROJECT UNDER ANY OTHER SECTION.— 
‘‘(A) IN GENERAL.—The term ‘safety project under any 
other section’ means a project carried out for the purpose 
of safety under any other section of this title. 
‘‘(B) INCLUSION.—The term ‘safety project under any 
other section’ includes— 
‘‘(i) a project consistent with the State strategic 
highway safety plan that promotes the awareness of 
the public and educates the public concerning highway 
safety matters (including motorcycle safety); 
‘‘(ii) a project to enforce highway safety laws; and 
‘‘(iii) a project to provide infrastructure and infra-
structure-related equipment to support emergency 
services. 
‘‘(11) STATE
HIGHWAY
SAFETY
IMPROVEMENT
PROGRAM.— 
The term ‘State highway safety improvement program’ means 
a program of highway safety improvement projects, activities, 
plans and reports carried out as part of the Statewide transpor-
tation improvement program under section 135(g). 
‘‘(12) STATE STRATEGIC HIGHWAY SAFETY PLAN.—The term 
‘State strategic highway safety plan’ means a comprehensive 
plan, based on safety data, developed by a State transportation 
department that— 
‘‘(A) is developed after consultation with— 
‘‘(i) a highway safety representative of the Gov-
ernor of the State;
H. R. 4348—49 
‘‘(ii) regional transportation planning organizations 
and metropolitan planning organizations, if any; 
‘‘(iii) representatives of major modes of transpor-
tation; 
‘‘(iv) State and local traffic enforcement officials; 
‘‘(v) a highway-rail grade crossing safety represent-
ative of the Governor of the State; 
‘‘(vi) representatives conducting a motor carrier 
safety program under section 31102, 31106, or 31309 
of title 49; 
‘‘(vii) motor vehicle administration agencies; 
‘‘(viii) county transportation officials; 
‘‘(ix) State representatives of nonmotorized users; 
and 
‘‘(x) other major Federal, State, tribal, and local 
safety stakeholders; 
‘‘(B) analyzes and makes effective use of State, regional, 
local, or tribal safety data; 
‘‘(C) addresses engineering, management, operation, 
education, enforcement, and emergency services elements 
(including integrated, interoperable emergency communica-
tions) of highway safety as key factors in evaluating high-
way projects; 
‘‘(D) considers safety needs of, and high-fatality seg-
ments of, all public roads, including non-State-owned public 
roads and roads on tribal land; 
‘‘(E) considers the results of State, regional, or local 
transportation and highway safety planning processes; 
‘‘(F) describes a program of strategies to reduce or 
eliminate safety hazards; 
‘‘(G) is approved by the Governor of the State or a 
responsible State agency; 
‘‘(H) is consistent with section 135(g); and 
‘‘(I) is updated and submitted to the Secretary for 
approval as required under subsection (d)(2). 
‘‘(13) SYSTEMIC SAFETY IMPROVEMENT.—The term ‘systemic 
safety improvement’ means an improvement that is widely 
implemented based on high-risk roadway features that are 
correlated with particular crash types, rather than crash fre-
quency. 
‘‘(b) PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall carry out a highway 
safety improvement program. 
‘‘(2) PURPOSE.—The purpose of the highway safety improve-
ment program shall be to achieve a significant reduction in 
traffic fatalities and serious injuries on all public roads, 
including non-State-owned public roads and roads on tribal 
land. 
‘‘(c) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—To obligate funds apportioned under sec-
tion 104(b)(3) to carry out this section, a State shall have 
in effect a State highway safety improvement program under 
which the State— 
‘‘(A) develops, implements, and updates a State stra-
tegic highway safety plan that identifies and analyzes high-
way safety problems and opportunities as provided in sub-
sections (a)(12) and (d);
H. R. 4348—50 
‘‘(B) produces a program of projects or strategies to 
reduce identified safety problems; and 
‘‘(C) evaluates the strategic highway safety plan on 
a regularly recurring basis in accordance with subsection 
(d)(1) to ensure the accuracy of the data and priority of 
proposed strategies. 
‘‘(2) IDENTIFICATION
AND
ANALYSIS
OF
HIGHWAY
SAFETY 
PROBLEMS AND OPPORTUNITIES.—As part of the State highway 
safety improvement program, a State shall— 
‘‘(A) have in place a safety data system with the ability 
to perform safety problem identification and counter-
measure analysis— 
‘‘(i) to improve the timeliness, accuracy, complete-
ness, uniformity, integration, and accessibility of the 
safety data on all public roads, including non-State- 
owned public roads and roads on tribal land in the 
State; 
‘‘(ii) to evaluate the effectiveness of data improve-
ment efforts; 
‘‘(iii) to link State data systems, including traffic 
records, with other data systems within the State; 
‘‘(iv) to improve the compatibility and interoper-
ability of safety data with other State transportation- 
related data systems and the compatibility and inter-
operability of State safety data systems with data sys-
tems of other States and national data systems; 
‘‘(v) to enhance the ability of the Secretary to 
observe and analyze national trends in crash occur-
rences, rates, outcomes, and circumstances; and 
‘‘(vi) to improve the collection of data on non-
motorized crashes; 
‘‘(B) based on the analysis required by subparagraph 
(A)— 
‘‘(i) identify hazardous locations, sections, and ele-
ments (including roadside obstacles, railway-highway 
crossing needs, and unmarked or poorly marked roads) 
that constitute a danger to motorists (including motor-
cyclists), bicyclists, pedestrians, and other highway 
users; 
‘‘(ii) using such criteria as the State determines 
to be appropriate, establish the relative severity of 
those locations, in terms of crashes (including crash 
rates), fatalities, serious injuries, traffic volume levels, 
and other relevant data; 
‘‘(iii) identify the number of fatalities and serious 
injuries on all public roads by location in the State; 
‘‘(iv) identify highway safety improvement projects 
on the basis of crash experience, crash potential, crash 
rate, or other data-supported means; and 
‘‘(v) consider which projects maximize opportuni-
ties to advance safety; 
‘‘(C) adopt strategic and performance-based goals 
that— 
‘‘(i) address traffic safety, including behavioral and 
infrastructure problems and opportunities on all public 
roads; 
‘‘(ii) focus resources on areas of greatest need; and
H. R. 4348—51 
‘‘(iii) are coordinated with other State highway 
safety programs; 
‘‘(D) advance the capabilities of the State for safety 
data collection, analysis, and integration in a manner 
that— 
‘‘(i) complements the State highway safety program 
under chapter 4 and the commercial vehicle safety 
plan under section 31102 of title 49; 
‘‘(ii) includes all public roads, including public non- 
State-owned roads and roads on tribal land; 
‘‘(iii) identifies hazardous locations, sections, and 
elements on all public roads that constitute a danger 
to motorists (including motorcyclists), bicyclists, pedes-
trians, persons with disabilities, and other highway 
users; 
‘‘(iv) includes a means of identifying the relative 
severity of hazardous locations described in clause (iii) 
in terms of crashes (including crash rate), serious 
injuries, fatalities, and traffic volume levels; and 
‘‘(v) improves the ability of the State to identify 
the number of fatalities and serious injuries on all 
public roads in the State with a breakdown by func-
tional classification and ownership in the State; 
‘‘(E)(i) determine priorities for the correction of haz-
ardous road locations, sections, and elements (including 
railway-highway crossing improvements), as identified 
through safety data analysis; 
‘‘(ii) identify opportunities for preventing the develop-
ment of such hazardous conditions; and 
‘‘(iii) establish and implement a schedule of highway 
safety improvement projects for hazard correction and 
hazard prevention; and 
‘‘(F)(i) establish an evaluation process to analyze and 
assess results achieved by highway safety improvement 
projects carried out in accordance with procedures and 
criteria established by this section; and 
‘‘(ii) use the information obtained under clause (i) in 
setting priorities for highway safety improvement projects. 
‘‘(d) UPDATES TO STRATEGIC HIGHWAY SAFETY PLANS.— 
‘‘(1) ESTABLISHMENT OF REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—Not later than 1 year after the 
date of enactment of the MAP–21, the Secretary shall 
establish requirements for regularly recurring State 
updates of strategic highway safety plans. 
‘‘(B) CONTENTS
OF
UPDATED
STRATEGIC
HIGHWAY 
SAFETY PLANS.—In establishing requirements under this 
subsection, the Secretary shall ensure that States take 
into consideration, with respect to updated strategic high-
way safety plans— 
‘‘(i) the findings of road safety audits; 
‘‘(ii) the locations of fatalities and serious injuries; 
‘‘(iii) the locations that do not have an empirical 
history of fatalities and serious injuries, but possess 
risk factors for potential crashes; 
‘‘(iv) rural roads, including all public roads, 
commensurate with fatality data;
H. R. 4348—52 
‘‘(v) motor vehicle crashes that include fatalities 
or serious injuries to pedestrians and bicyclists; 
‘‘(vi) the cost-effectiveness of improvements; 
‘‘(vii) 
improvements 
to 
rail-highway 
grade 
crossings; and 
‘‘(viii) safety on all public roads, including non- 
State-owned public roads and roads on tribal land. 
‘‘(2) APPROVAL
OF
UPDATED
STRATEGIC
HIGHWAY
SAFETY 
PLANS.— 
‘‘(A) IN GENERAL.—Each State shall— 
‘‘(i) update the strategic highway safety plans of 
the State in accordance with the requirements estab-
lished by the Secretary under this subsection; and 
‘‘(ii) submit the updated plans to the Secretary, 
along with a detailed description of the process used 
to update the plan. 
‘‘(B) REQUIREMENTS
FOR
APPROVAL.—The Secretary 
shall not approve the process for an updated strategic 
highway safety plan unless— 
‘‘(i) the updated strategic highway safety plan is 
consistent with the requirements of this subsection 
and subsection (a)(12); and 
‘‘(ii) the process used is consistent with the require-
ments of this subsection. 
‘‘(3) PENALTY FOR FAILURE TO HAVE AN APPROVED UPDATED 
STRATEGIC HIGHWAY SAFETY PLAN.—If a State does not have 
an updated strategic highway safety plan with a process 
approved by the Secretary by August 1 of the fiscal year begin-
ning after the date of establishment of the requirements under 
paragraph (1), the State shall not be eligible to receive any 
additional limitation pursuant to the redistribution of the 
limitation on obligations for Federal-aid highway and highway 
safety construction programs that occurs after August 1 for 
each succeeding fiscal year until the fiscal year during which 
the plan is approved. 
‘‘(e) ELIGIBLE PROJECTS.— 
‘‘(1) IN GENERAL.—Funds apportioned to the State under 
section 104(b)(3) may be obligated to carry out— 
‘‘(A) any highway safety improvement project on any 
public road or publicly owned bicycle or pedestrian pathway 
or trail; 
‘‘(B) as provided in subsection (g); or 
‘‘(C) any project to maintain minimum levels of 
retroreflectivity with respect to a public road, without 
regard to whether the project is included in an applicable 
State strategic highway safety plan. 
‘‘(2) USE OF OTHER FUNDING FOR SAFETY.— 
‘‘(A) EFFECT OF SECTION.—Nothing in this section pro-
hibits the use of funds made available under other provi-
sions of this title for highway safety improvement projects. 
‘‘(B) USE OF OTHER FUNDS.—States are encouraged to 
address the full scope of the safety needs and opportunities 
of the States by using funds made available under other 
provisions of this title (except a provision that specifically 
prohibits that use). 
‘‘(f) DATA IMPROVEMENT.—
H. R. 4348—53 
‘‘(1) DEFINITION OF DATA IMPROVEMENT ACTIVITIES.—In this 
subsection, the following definitions apply: 
‘‘(A) IN GENERAL.—The term ‘data improvement activi-
ties’ means a project or activity to further the capacity 
of a State to make more informed and effective safety 
infrastructure investment decisions. 
‘‘(B) INCLUSIONS.—The term ‘data improvement activi-
ties’ includes a project or activity— 
‘‘(i) to create, update, or enhance a highway 
basemap of all public roads in a State; 
‘‘(ii) to collect safety data, including data identified 
as part of the model inventory for roadway elements, 
for creation of or use on a highway basemap of all 
public roads in a State; 
‘‘(iii) to store and maintain safety data in an elec-
tronic manner; 
‘‘(iv) to develop analytical processes for safety data 
elements; 
‘‘(v) to acquire and implement roadway safety anal-
ysis tools; and 
‘‘(vi) to support the collection, maintenance, and 
sharing of safety data on all public roads and related 
systems associated with the analytical usage of that 
data. 
‘‘(2) MODEL INVENTORY OF ROADWAY ELEMENTS.—The Sec-
retary shall— 
‘‘(A) establish a subset of the model inventory of road-
way elements that are useful for the inventory of roadway 
safety; and 
‘‘(B) ensure that States adopt and use the subset to 
improve data collection. 
‘‘(g) SPECIAL RULES.— 
‘‘(1) HIGH-RISK RURAL ROAD SAFETY.—If the fatality rate 
on rural roads in a State increases over the most recent 2- 
year period for which data are available, that State shall be 
required to obligate in the next fiscal year for projects on 
high risk rural roads an amount equal to at least 200 percent 
of the amount of funds the State received for fiscal year 2009 
for high risk rural roads under subsection (f) of this section, 
as in effect on the day before the date of enactment of the 
MAP–21. 
‘‘(2) OLDER
DRIVERS.—If traffic fatalities and serious 
injuries per capita for drivers and pedestrians over the age 
of 65 in a State increases during the most recent 2-year period 
for which data are available, that State shall be required to 
include, in the subsequent Strategic Highway Safety Plan of 
the State, strategies to address the increases in those rates, 
taking into account the recommendations included in the 
publication of the Federal Highway Administration entitled 
‘Highway Design Handbook for Older Drivers and Pedestrians’ 
(FHWA–RD–01–103), and dated May 2001, or as subsequently 
revised and updated. 
‘‘(h) REPORTS.— 
‘‘(1) IN GENERAL.—A State shall submit to the Secretary 
a report that— 
‘‘(A) describes progress being made to implement high-
way safety improvement projects under this section;
H. R. 4348—54 
‘‘(B) assesses the effectiveness of those improvements; 
and 
‘‘(C) describes the extent to which the improvements 
funded under this section have contributed to reducing— 
‘‘(i) the number and rate of fatalities on all public 
roads with, to the maximum extent practicable, a 
breakdown by functional classification and ownership 
in the State; 
‘‘(ii) the number and rate of serious injuries on 
all public roads with, to the maximum extent prac-
ticable, a breakdown by functional classification and 
ownership in the State; and 
‘‘(iii) the occurrences of fatalities and serious 
injuries at railway-highway crossings. 
‘‘(2) CONTENTS; SCHEDULE.—The Secretary shall establish 
the content and schedule for the submission of the report under 
paragraph (1). 
‘‘(3) TRANSPARENCY.—The Secretary shall make strategic 
highway safety plans submitted under subsection (d) and 
reports submitted under this subsection available to the public 
through— 
‘‘(A) the website of the Department; and 
‘‘(B) such other means as the Secretary determines 
to be appropriate. 
‘‘(4) DISCOVERY AND ADMISSION INTO EVIDENCE OF CERTAIN 
REPORTS, SURVEYS, AND INFORMATION.—Notwithstanding any 
other provision of law, reports, surveys, schedules, lists, or 
data compiled or collected for any purpose relating to this 
section, shall not be subject to discovery or admitted into evi-
dence in a Federal or State court proceeding or considered 
for other purposes in any action for damages arising from 
any occurrence at a location identified or addressed in the 
reports, surveys, schedules, lists, or other data. 
‘‘(i) STATE PERFORMANCE TARGETS.—If the Secretary determines 
that a State has not met or made significant progress toward 
meeting the performance targets of the State established under 
section 150(d) by the date that is 2 years after the date of the 
establishment of the performance targets, the State shall— 
‘‘(1) use obligation authority equal to the apportionment 
of the State for the prior year under section 104(b)(3) only 
for highway safety improvement projects under this section 
until the Secretary determines that the State has met or made 
significant progress toward meeting the performance targets 
of the State; and 
‘‘(2) submit annually to the Secretary, until the Secretary 
determines that the State has met or made significant progress 
toward meeting the performance targets of the State, an 
implementation plan that— 
‘‘(A) identifies roadway features that constitute a 
hazard to road users; 
‘‘(B) identifies highway safety improvement projects 
on the basis of crash experience, crash potential, or other 
data-supported means; 
‘‘(C) describes how highway safety improvement pro-
gram funds will be allocated, including projects, activities, 
and strategies to be implemented;
H. R. 4348—55 
‘‘(D) describes how the proposed projects, activities, 
and strategies funded under the State highway safety 
improvement program will allow the State to make progress 
toward achieving the safety performance targets of the 
State; and 
‘‘(E) describes the actions the State will undertake 
to meet the performance targets of the State. 
‘‘(j) FEDERAL
SHARE
OF
HIGHWAY
SAFETY
IMPROVEMENT 
PROJECTS.—Except as provided in sections 120 and 130, the Federal 
share of the cost of a highway safety improvement project carried 
out with funds apportioned to a State under section 104(b)(3) shall 
be 90 percent.’’. 
(b) STUDY OF HIGH-RISK RURAL ROADS BEST PRACTICES.— 
(1) STUDY.— 
(A) IN GENERAL.—The Secretary shall conduct a study 
of the best practices for implementing cost-effective road-
way safety infrastructure improvements on high-risk rural 
roads. 
(B) METHODOLOGY.—In carrying out the study, the 
Secretary shall— 
(i) conduct a thorough literature review; 
(ii) survey current practices of State departments 
of transportation; and 
(iii) survey current practices of local units of 
government, as appropriate. 
(C) CONSULTATION.—In carrying out the study, the 
Secretary shall consult with— 
(i) State departments of transportation; 
(ii) county engineers and public works profes-
sionals; 
(iii) appropriate local officials; and 
(iv) appropriate private sector experts in the field 
of roadway safety infrastructure. 
(2) REPORT.— 
(A) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives a report on the 
results of the study. 
(B) CONTENTS.—The report shall include— 
(i) a summary of cost-effective roadway safety 
infrastructure improvements; 
(ii) a summary of the latest research on the finan-
cial savings and reduction in fatalities and serious 
bodily injury crashes from the implementation of cost- 
effective roadway safety infrastructure improvements; 
and 
(iii) recommendations for State and local govern-
ments on best practice methods to install cost-effective 
roadway safety infrastructure on high-risk rural roads. 
(3) MANUAL.— 
(A) DEVELOPMENT.—Based on the results of the study 
under paragraph (2), the Secretary, in consultation with 
the individuals and entities described in paragraph (1)(C), 
shall develop a best practices manual to support Federal, 
State, and local efforts to reduce fatalities and serious
H. R. 4348—56 
bodily injury crashes on high-risk rural roads through the 
use of cost-effective roadway safety infrastructure improve-
ments. 
(B) AVAILABILITY.—The manual shall be made avail-
able to State and local governments not later than 180 
days after the date of submission of the report under para-
graph (2). 
(C) CONTENTS.—The manual shall include, at a min-
imum, a list of cost-effective roadway safety infrastructure 
improvements and best practices on the installation of cost- 
effective roadway safety infrastructure improvements on 
high-risk rural roads. 
(D) USE OF MANUAL.—Use of the manual shall be vol-
untary and the manual shall not establish any binding 
standards or legal duties on State or local governments, 
or any other person. 
SEC. 1113. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT 
PROGRAM. 
(a) ELIGIBLE PROJECTS.—Section 149(b) of title 23, United 
States Code, is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘in subsection (c)’’ and inserting ‘‘in 
subsection (d)’’; and 
(B) by striking ‘‘section 104(b)(2)’’ and inserting ‘‘section 
104(b)(4)’’; 
(2) in paragraph (5)— 
(A) by inserting ‘‘add turning lanes,’’ after ‘‘improve 
intersections,’’; and 
(B) by striking ‘‘paragraph;’’ and inserting ‘‘paragraph, 
including programs or projects to improve incident and 
emergency response or improve mobility, such as through 
real-time traffic, transit, and multimodal traveler informa-
tion;’’; 
(3) in paragraph (6) by striking ‘‘or’’ at the end; 
(4) in paragraph (7)(A)(ii) by striking ‘‘published in the 
list under subsection (f)(2)’’ and inserting ‘‘verified technologies 
(as defined in section 791 of the Energy Policy Act of 2005 
(42 U.S.C. 16131))’’; 
(5) by striking the matter following paragraph (7); 
(6) by redesignating paragraph (7) as paragraph (8); and 
(7) by inserting after paragraph (6) the following: 
‘‘(7) if the project or program shifts traffic demand to 
nonpeak hours or other transportation modes, increases vehicle 
occupancy rates, or otherwise reduces demand for roads through 
such means as telecommuting, ridesharing, carsharing, alter-
native work hours, and pricing; or’’. 
(b) SPECIAL RULES.—Section 149 of title 23, United States 
Code, is amended— 
(1) by redesignating subsections (c) through (h) as sub-
sections (d) through (i) respectively; 
(2) by inserting after subsection (b) the following: 
‘‘(c) SPECIAL RULES.— 
‘‘(1) PROJECTS FOR PM–10 NONATTAINMENT AREAS.—A State 
may obligate funds apportioned to the State under section 
104(b)(4) for a project or program for an area that is nonattain-
ment for ozone or carbon monoxide, or both, and for PM–
H. R. 4348—57 
10 resulting from transportation activities, without regard to 
any limitation of the Department of Transportation relating 
to the type of ambient air quality standard such project or 
program addresses. 
‘‘(2) ELECTRIC VEHICLE AND NATURAL GAS VEHICLE INFRA-
STRUCTURE.—A State may obligate funds apportioned under 
section 104(b)(4) for a project or program to establish electric 
vehicle charging stations or natural gas vehicle refueling sta-
tions for the use of battery powered or natural gas fueled 
trucks or other motor vehicles at any location in the State 
except that such stations may not be established or supported 
where commercial establishments serving motor vehicle users 
are prohibited by section 111 of title 23, United States Code. 
‘‘(3) HOV FACILITIES.—No funds may be provided under 
this section for a project which will result in the construction 
of new capacity available to single occupant vehicles unless 
the project consists of a high occupancy vehicle facility available 
to single occupant vehicles only at other than peak travel 
times.’’; 
(3) by striking subsection (d) (as redesignated by paragraph 
(1)) and inserting the following: 
‘‘(d) STATES FLEXIBILITY.— 
‘‘(1) STATES WITHOUT A NONATTAINMENT AREA.—If a State 
does not have, and never has had, a nonattainment area des-
ignated under the Clean Air Act (42 U.S.C. 7401 et seq.), 
the State may use funds apportioned to the State under section 
104(b)(4) for any project in the State that— 
‘‘(A) would otherwise be eligible under subsection (b) 
as if the project were carried out in a nonattainment or 
maintenance area; or 
‘‘(B) is eligible under the surface transportation pro-
gram under section 133. 
‘‘(2) STATES WITH A NONATTAINMENT AREA.— 
‘‘(A) IN GENERAL.—If a State has a nonattainment area 
or maintenance area and received funds in fiscal year 2009 
under section 104(b)(2)(D), as in effect on the day before 
the date of enactment of the MAP–21, above the amount 
of funds that the State would have received based on 
the nonattainment and maintenance area population of 
the State under subparagraphs (B) and (C) of section 
104(b)(2), as in effect on the day before the date of enact-
ment of the MAP–21, the State may use for any project 
that is eligible under the surface transportation program 
under section 133 an amount of funds apportioned to such 
State under section 104(b)(4) that is equal to the product 
obtained by multiplying— 
‘‘(i) the amount apportioned to such State under 
section 104(b)(4) (excluding the amount of funds 
reserved under paragraph (l)); by 
‘‘(ii) the ratio calculated under subparagraph (B). 
‘‘(B) RATIO.—For purposes of this paragraph, the ratio 
shall be calculated as the proportion that— 
‘‘(i) the amount for fiscal year 2009 such State 
was permitted by section 149(c)(2), as in effect on the 
day before the date of enactment of the MAP–21, to 
obligate in any area of the State for projects eligible
H. R. 4348—58 
under section 133, as in effect on the day before the 
date of enactment of the MAP–21t; bears to 
‘‘(ii) the total apportionment to such State for fiscal 
year 2009 under section 104(b)(2), as in effect on the 
day before the date of enactment of the MAP–21. 
‘‘(3) CHANGES IN DESIGNATION.—If a new nonattainment 
area is designated or a previously designated nonattainment 
area is redesignated as an attainment area in a State under 
the Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary shall 
modify the amount such State is permitted to obligate in any 
area of the State for projects eligible under section 133.’’; 
(4) in subsection (f)(3) (as redesignated by paragraph (1)) 
by striking ‘‘104(b)(2)’’ and inserting ‘‘104(b)(4)’’; 
(5) in subsection (g) (as redesignated by paragraph (1)) 
by striking paragraph (3) and inserting the following: 
‘‘(3) PRIORITY
CONSIDERATION.—States and metropolitan 
planning organizations shall give priority in areas designated 
as nonattainment or maintenance for PM2.5 under the Clean 
Air Act (42 U.S.C. 7401 et seq.) in distributing funds received 
for congestion mitigation and air quality projects and programs 
from apportionments under section 104(b)(4) to projects that 
are proven to reduce PM2.5, including diesel retrofits.’’; 
(6) by striking subsection (i) (as redesignated by paragraph 
(1)) and inserting the following: 
‘‘(i) EVALUATION AND ASSESSMENT OF PROJECTS.— 
‘‘(1) DATABASE.— 
‘‘(A) IN GENERAL.—Using appropriate assessments of 
projects funded under the congestion mitigation and air 
quality program and results from other research, the Sec-
retary shall maintain and disseminate a cumulative data-
base describing the impacts of the projects, including spe-
cific information about each project, such as the project 
name, location, sponsor, cost, and, to the extent already 
measured by the project sponsor, cost-effectiveness, based 
on reductions in congestion and emissions. 
‘‘(B) AVAILABILITY.—The database shall be published 
or otherwise made readily available by the Secretary in 
electronically accessible format and means, such as the 
Internet, for public review. 
‘‘(2) COST EFFECTIVENESS.— 
‘‘(A) IN GENERAL.—The Secretary, in consultation with 
the Administrator of the Environmental Protection Agency, 
shall evaluate projects on a periodic basis and develop 
a table or other similar medium that illustrates the cost- 
effectiveness of a range of project types eligible for funding 
under this section as to how the projects mitigate conges-
tion and improve air quality. 
‘‘(B) CONTENTS.—The table described in subparagraph 
(A) shall show measures of cost-effectiveness, such as dol-
lars per ton of emissions reduced, and assess those meas-
ures over a variety of timeframes to capture impacts on 
the planning timeframes outlined in section 134. 
‘‘(C) USE OF TABLE.—States and metropolitan planning 
organizations shall consider the information in the table 
when selecting projects or developing performance plans 
under subsection (l). 
‘‘(j) OPTIONAL PROGRAMMATIC ELIGIBILITY.—
H. R. 4348—59 
‘‘(1) IN GENERAL.—At the discretion of a metropolitan plan-
ning organization, a technical assessment of a selected program 
of projects may be conducted through modeling or other means 
to demonstrate the emissions reduction projection required 
under this section. 
‘‘(2) APPLICABILITY.—If an assessment described in para-
graph (1) successfully demonstrates an emissions reduction, 
all projects included in such assessment shall be eligible for 
obligation under this section without further demonstration 
of emissions reduction of individual projects included in such 
assessment. 
‘‘(k) PRIORITY FOR USE OF FUNDS IN PM2.5 AREAS.— 
‘‘(1) IN GENERAL.—For any State that has a nonattainment 
or maintenance area for fine particulate matter, an amount 
equal to 25 percent of the funds apportioned to each State 
under section 104(b)(4) for a nonattainment or maintenance 
area that are based all or in part on the weighted population 
of such area in fine particulate matter nonattainment shall 
be obligated to projects that reduce such fine particulate matter 
emissions in such area, including diesel retrofits. 
‘‘(2) CONSTRUCTION EQUIPMENT AND VEHICLES.—In order 
to meet the requirements of paragraph (1), a State or metropoli-
tan planning organization may elect to obligate funds to install 
diesel emission control technology on nonroad diesel equipment 
or on-road diesel equipment that is operated on a highway 
construction project within a PM2.5 nonattainment or mainte-
nance area. 
‘‘(l) PERFORMANCE PLAN.— 
‘‘(1) IN GENERAL.—Each metropolitan planning organization 
serving a transportation management area (as defined in sec-
tion 134) with a population over 1,000,000 people representing 
a nonattainment or maintenance area shall develop a perform-
ance plan that— 
‘‘(A) includes an area baseline level for traffic conges-
tion and on-road mobile source emissions for which the 
area is in nonattainment or maintenance; 
‘‘(B) describes progress made in achieving the perform-
ance targets described in section 150(d); and 
‘‘(C) includes a description of projects identified for 
funding under this section and how such projects will con-
tribute to achieving emission and traffic congestion reduc-
tion targets. 
‘‘(2) UPDATED PLANS.—Performance plans shall be updated 
biennially and include a separate report that assesses the 
progress of the program of projects under the previous plan 
in achieving the air quality and traffic congestion targets of 
the previous plan. 
‘‘(m) OPERATING ASSISTANCE.—A State may obligate funds 
apportioned under section 104(b)(2) in an area of such State that 
is otherwise eligible for obligations of such funds for operating 
costs under chapter 53 of title 49 or on a system that was previously 
eligible under this section.’’. 
(c) AIR QUALITY AND CONGESTION MITIGATION MEASURE OUT-
COMES ASSESSMENT STUDY.— 
(1) IN GENERAL.—The Secretary, in consultation with the 
Administrator of the Environmental Protection Agency, shall 
examine the outcomes of actions funded under the congestion
H. R. 4348—60 
mitigation and air quality improvement program since the date 
of enactment of the SAFETEA–LU (Public Law 109–59). 
(2) GOALS.—The goals of the program shall include— 
(A) the assessment and documentation, through out-
comes research conducted on a representative sample of 
cases, of— 
(i) the emission reductions achieved by federally 
supported surface transportation actions intended to 
reduce emissions or lessen traffic congestion; and 
(ii) the air quality and human health impacts of 
those actions, including potential unrecognized or 
indirect consequences, attributable to those actions; 
(B) an expanded base of empirical evidence on the 
air quality and human health impacts of actions described 
in paragraph (1); and 
(C) an increase in knowledge of— 
(i) the factors determining the air quality and 
human health changes associated with transportation 
emission reduction actions; and 
(ii) other information to more accurately under-
stand the validity of current estimation and modeling 
routines and ways to improve those routines. 
(3) ADMINISTRATIVE
ELEMENTS.—To carry out this sub-
section, the Secretary shall— 
(A) make a grant for the coordination, selection, 
management, and reporting of component studies to an 
independent scientific research organization with the nec-
essary experience in successfully conducting accountability 
and other studies on mobile source air pollutants and asso-
ciated health effects; 
(B) ensure that case studies are identified and con-
ducted by teams selected through a competitive solicitation 
overseen by an independent committee of unbiased experts; 
and 
(C) ensure that all findings and reports are peer- 
reviewed and published in a form that presents the findings 
together with reviewer comments. 
(4) REPORT.—The Secretary shall submit to the Committee 
on Environment and Public Works of the Senate and the Com-
mittee on Transportation and Infrastructure of the House of 
Representatives— 
(A) not later than 1 year after the date of enactment 
of the MAP–21, and for the following year, a report pro-
viding an initial scoping and plan, and status updates, 
respectively, for the program under this subsection; and 
(B) not later than 2 years after the date of enactment 
of the MAP–21, a final report that describes the findings 
of, and recommendations resulting from, the program under 
this subsection. 
(5) FUNDING.—Of the amounts made available to carry 
out section 104(a) for fiscal year 2013, the Secretary shall 
make available to carry out this subsection not more than 
$1,000,000. 
SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM. 
(a) IN GENERAL.—Section 165 of title 23, United States Code, 
is amended to read as follows:
H. R. 4348—61 
‘‘§ 165. Territorial and Puerto Rico highway program 
‘‘(a) DIVISION OF FUNDS.—Of funds made available in a fiscal 
year for the territorial and Puerto Rico highway program— 
‘‘(1) $150,000,000 shall be for the Puerto Rico highway 
program under subsection (b); and 
‘‘(2) $40,000,000 shall be for the territorial highway pro-
gram under subsection (c). 
‘‘(b) PUERTO RICO HIGHWAY PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall allocate funds made 
available to carry out this subsection to the Commonwealth 
of Puerto Rico to carry out a highway program in the Common-
wealth. 
‘‘(2) TREATMENT OF FUNDS.—Amounts made available to 
carry out this subsection for a fiscal year shall be administered 
as follows: 
‘‘(A) APPORTIONMENT.— 
‘‘(i) IN GENERAL.—For the purpose of imposing any 
penalty under this title or title 49, the amounts shall 
be treated as being apportioned to Puerto Rico under 
sections 104(b) and 144 (as in effect for fiscal year 
1997) for each program funded under those sections 
in an amount determined by multiplying— 
‘‘(I) the aggregate of the amounts for the fiscal 
year; by 
‘‘(II) the proportion that— 
‘‘(aa) the amount of funds apportioned to 
Puerto Rico for each such program for fiscal 
year 1997; bears to 
‘‘(bb) the total amount of funds appor-
tioned to Puerto Rico for all such programs 
for fiscal year 1997. 
‘‘(ii) EXCEPTION.—Funds identified under clause (i) 
as having been apportioned for the national highway 
system, the surface transportation program, and the 
Interstate maintenance program shall be deemed to 
have been apportioned 50 percent for the national high-
way performance program and 50 percent for the sur-
face transportation program for purposes of imposing 
such penalties. 
‘‘(B) PENALTY.—The amounts treated as being appor-
tioned to Puerto Rico under each section referred to in 
subparagraph (A) shall be deemed to be required to be 
apportioned to Puerto Rico under that section for purposes 
of the imposition of any penalty under this title or title 
49. 
‘‘(C) ELIGIBLE USES OF FUNDS.—Of amounts allocated 
to Puerto Rico for the Puerto Rico Highway Program for 
a fiscal year— 
‘‘(i) at least 50 percent shall be available only 
for purposes eligible under section 119; 
‘‘(ii) at least 25 percent shall be available only 
for purposes eligible under section 148; and 
‘‘(iii) any remaining funds may be obligated for 
activities eligible under chapter 1. 
‘‘(3) EFFECT
ON
APPORTIONMENTS.—Except as otherwise 
specifically provided, Puerto Rico shall not be eligible to receive 
funds apportioned to States under this title.
H. R. 4348—62 
‘‘(c) TERRITORIAL HIGHWAY PROGRAM.— 
‘‘(1) TERRITORY
DEFINED.—In this subsection, the term 
‘territory’ means any of the following territories of the United 
States: 
‘‘(A) American Samoa. 
‘‘(B) The Commonwealth of the Northern Mariana 
Islands. 
‘‘(C) Guam. 
‘‘(D) The United States Virgin Islands. 
‘‘(2) PROGRAM.— 
‘‘(A) IN
GENERAL.—Recognizing the mutual benefits 
that will accrue to the territories and the United States 
from the improvement of highways in the territories, the 
Secretary may carry out a program to assist each govern-
ment of a territory in the construction and improvement 
of a system of arterial and collector highways, and nec-
essary inter-island connectors, that is— 
‘‘(i) designated by the Governor or chief executive 
officer of each territory; and 
‘‘(ii) approved by the Secretary. 
‘‘(B) FEDERAL SHARE.—The Federal share of Federal 
financial assistance provided to territories under this sub-
section shall be in accordance with section 120(g). 
‘‘(3) TECHNICAL ASSISTANCE.— 
‘‘(A) IN GENERAL.—To continue a long-range highway 
development program, the Secretary may provide technical 
assistance to the governments of the territories to enable 
the territories, on a continuing basis— 
‘‘(i) to engage in highway planning; 
‘‘(ii) to conduct environmental evaluations; 
‘‘(iii) to administer right-of-way acquisition and 
relocation assistance programs; and 
‘‘(iv) to design, construct, operate, and maintain 
a system of arterial and collector highways, including 
necessary inter-island connectors. 
‘‘(B) FORM
AND
TERMS
OF
ASSISTANCE.—Technical 
assistance provided under subparagraph (A), and the terms 
for the sharing of information among territories receiving 
the technical assistance, shall be included in the agreement 
required by paragraph (5). 
‘‘(4) NONAPPLICABILITY OF CERTAIN PROVISIONS.— 
‘‘(A) IN GENERAL.—Except to the extent that provisions 
of this chapter are determined by the Secretary to be 
inconsistent with the needs of the territories and the intent 
of this subsection, this chapter (other than provisions of 
this chapter relating to the apportionment and allocation 
of funds) shall apply to funds made available under this 
subsection. 
‘‘(B) APPLICABLE PROVISIONS.—The agreement required 
by paragraph (5) for each territory shall identify the sec-
tions of this chapter that are applicable to that territory 
and the extent of the applicability of those sections. 
‘‘(5) AGREEMENT.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(D), none of the funds made available under this subsection 
shall be available for obligation or expenditure with respect 
to any territory until the chief executive officer of the
H. R. 4348—63 
territory has entered into an agreement (including an 
agreement entered into under section 215 as in effect on 
the day before the enactment of this section) with the 
Secretary providing that the government of the territory 
shall— 
‘‘(i) implement the program in accordance with 
applicable provisions of this chapter and paragraph 
(4); 
‘‘(ii) design and construct a system of arterial and 
collector highways, including necessary inter-island 
connectors, in accordance with standards that are— 
‘‘(I) appropriate for each territory; and 
‘‘(II) approved by the Secretary; 
‘‘(iii) provide for the maintenance of facilities con-
structed or operated under this subsection in a condi-
tion to adequately serve the needs of present and future 
traffic; and 
‘‘(iv) implement standards for traffic operations 
and uniform traffic control devices that are approved 
by the Secretary. 
‘‘(B) TECHNICAL ASSISTANCE.—The agreement required 
by subparagraph (A) shall— 
‘‘(i) specify the kind of technical assistance to be 
provided under the program; 
‘‘(ii) include appropriate provisions regarding 
information sharing among the territories; and 
‘‘(iii) delineate the oversight role and responsibil-
ities of the territories and the Secretary. 
‘‘(C) REVIEW AND REVISION OF AGREEMENT.—The agree-
ment entered into under subparagraph (A) shall be 
reevaluated and, as necessary, revised, at least every 2 
years. 
‘‘(D) EXISTING AGREEMENTS.—With respect to an agree-
ment under this subsection or an agreement entered into 
under section 215 of this title as in effect on the day 
before the date of enactment of this subsection— 
‘‘(i) the agreement shall continue in force until 
replaced by an agreement entered into in accordance 
with subparagraph (A); and 
‘‘(ii) amounts made available under this subsection 
under the existing agreement shall be available for 
obligation or expenditure so long as the agreement, 
or the existing agreement entered into under subpara-
graph (A), is in effect. 
‘‘(6) ELIGIBLE USES OF FUNDS.— 
‘‘(A) IN GENERAL.—Funds made available under this 
subsection may be used only for the following projects 
and activities carried out in a territory: 
‘‘(i) 
Eligible 
surface 
transportation 
program 
projects described in section 133(b). 
‘‘(ii) Cost-effective, preventive maintenance con-
sistent with section 116(e). 
‘‘(iii) 
Ferry 
boats, 
terminal 
facilities, 
and 
approaches, in accordance with subsections (b) and 
(c) of section 129.
H. R. 4348—64 
‘‘(iv) Engineering and economic surveys and inves-
tigations for the planning, and the financing, of future 
highway programs. 
‘‘(v) Studies of the economy, safety, and conven-
ience of highway use. 
‘‘(vi) The regulation and equitable taxation of high-
way use. 
‘‘(vii) Such research and development as are nec-
essary in connection with the planning, design, and 
maintenance of the highway system. 
‘‘(B) PROHIBITION
ON
USE
OF
FUNDS
FOR
ROUTINE 
MAINTENANCE.—None of the funds made available under 
this subsection shall be obligated or expended for routine 
maintenance. 
‘‘(7) LOCATION OF PROJECTS.—Territorial highway program 
projects (other than those described in paragraphs (2), (4), 
(7), (8), (14), and (19) of section 133(b)) may not be undertaken 
on roads functionally classified as local.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) TECHNICAL AND CONFORMING AMENDMENT.—The anal-
ysis for chapter 1 of title 23, United States Code, is amended 
by striking the item relating to section 165 and inserting the 
following: 
‘‘165. Territorial and Puerto Rico highway program.’’. 
(2) TERRITORIAL HIGHWAY PROGRAM.— 
(A) REPEAL.—Section 215 of title 23, United States 
Code, is repealed. 
(B) TECHNICAL
AND
CONFORMING
AMENDMENT.—The 
analysis for chapter 2 of title 23, United States Code, 
is amended by striking the item relating to section 215. 
(C) DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZA-
TION ACT FOR FISCAL YEAR 2009.—Section 3512(e) of the 
Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (48 U.S.C. 1421r(e)) is amended by 
striking ‘‘section 215’’ and inserting ‘‘section 165’’. 
SEC. 1115. NATIONAL FREIGHT POLICY. 
(a) IN GENERAL.—Chapter 1 of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘§ 167. National freight policy 
‘‘(a) IN GENERAL.—It is the policy of the United States to 
improve the condition and performance of the national freight net-
work to ensure that the national freight network provides the 
foundation for the United States to compete in the global economy 
and achieve each goal described in subsection (b). 
‘‘(b) GOALS.—The goals of the national freight policy are— 
‘‘(1) to invest in infrastructure improvements and to imple-
ment operational improvements that— 
‘‘(A) strengthen the contribution of the national freight 
network to the economic competitiveness of the United 
States; 
‘‘(B) reduce congestion; and 
‘‘(C) increase productivity, particularly for domestic 
industries and businesses that create high-value jobs;
H. R. 4348—65 
‘‘(2) to improve the safety, security, and resilience of freight 
transportation; 
‘‘(3) to improve the state of good repair of the national 
freight network; 
‘‘(4) to use advanced technology to improve the safety and 
efficiency of the national freight network; 
‘‘(5) to incorporate concepts of performance, innovation, 
competition, and accountability into the operation and mainte-
nance of the national freight network; and 
‘‘(6) to improve the economic efficiency of the national 
freight network. 
‘‘(7) to reduce the environmental impacts of freight move-
ment on the national freight network; 
‘‘(c) ESTABLISHMENT OF A NATIONAL FREIGHT NETWORK.— 
‘‘(1) IN GENERAL.—The Secretary shall establish a national 
freight network in accordance with this section to assist States 
in strategically directing resources toward improved system 
performance for efficient movement of freight on highways, 
including national highway system, freight intermodal connec-
tors and aerotropolis transportation systems. 
‘‘(2) NETWORK COMPONENTS.—The national freight network 
shall consist of— 
‘‘(A) the primary freight network, as designated by 
the Secretary under subsection (d) (referred to in this sec-
tion as the ‘primary freight network’) as most critical to 
the movement of freight; 
‘‘(B) the portions of the Interstate System not des-
ignated as part of the primary freight network; and 
‘‘(C) critical rural freight corridors established under 
subsection (e). 
‘‘(d) DESIGNATION OF PRIMARY FREIGHT NETWORK.— 
‘‘(1) INITIAL DESIGNATION OF PRIMARY FREIGHT NETWORK.— 
‘‘(A) DESIGNATION.—Not later than 1 year after the 
date of enactment of this section, the Secretary shall des-
ignate a primary freight network— 
‘‘(i) based on an inventory of national freight 
volume conducted by the Administrator of the Federal 
Highway Administration, in consultation with stake-
holders, including system users, transport providers, 
and States; and 
‘‘(ii) that shall be comprised of not more than 
27,000 centerline miles of existing roadways that are 
most critical to the movement of freight. 
‘‘(B) FACTORS FOR DESIGNATION.—In designating the 
primary freight network, the Secretary shall consider— 
‘‘(i) the origins and destinations of freight move-
ment in the United States; 
‘‘(ii) the total freight tonnage and value of freight 
moved by highways; 
‘‘(iii) the percentage of annual average daily truck 
traffic in the annual average daily traffic on principal 
arterials; 
‘‘(iv) the annual average daily truck traffic on prin-
cipal arterials; 
‘‘(v) land and maritime ports of entry; 
‘‘(vi) access to energy exploration, development, 
installation, or production areas;
H. R. 4348—66 
‘‘(vii) population centers; and 
‘‘(viii) network connectivity. 
‘‘(2) ADDITIONAL MILES ON PRIMARY FREIGHT NETWORK.— 
In addition to the miles initially designated under paragraph 
(1), the Secretary may increase the number of miles designated 
as part of the primary freight network by not more than 3,000 
additional centerline miles of roadways (which may include 
existing or planned roads) critical to future efficient movement 
of goods on the primary freight network. 
‘‘(3) REDESIGNATION OF PRIMARY FREIGHT NETWORK.—Effec-
tive beginning 10 years after the designation of the primary 
freight network and every 10 years thereafter, using the des-
ignation factors described in paragraph (1), the Secretary shall 
redesignate the primary freight network (including additional 
mileage described in paragraph (2)). 
‘‘(e) CRITICAL RURAL FREIGHT CORRIDORS.—A State may des-
ignate a road within the borders of the State as a critical rural 
freight corridor if the road— 
‘‘(1) is a rural principal arterial roadway and has a min-
imum of 25 percent of the annual average daily traffic of 
the road measured in passenger vehicle equivalent units from 
trucks (FHWA vehicle class 8 to 13); 
‘‘(2) provides access to energy exploration, development, 
installation, or production areas; 
‘‘(3) connects the primary freight network, a roadway 
described in paragraph (1) or (2), or Interstate System to facili-
ties that handle more than— 
‘‘(A) 50,000 20-foot equivalent units per year; or 
‘‘(B) 500,000 tons per year of bulk commodities. 
‘‘(f) NATIONAL FREIGHT STRATEGIC PLAN.— 
‘‘(1) INITIAL DEVELOPMENT OF NATIONAL FREIGHT STRATEGIC 
PLAN.—Not later than 3 years after the date of enactment 
of this section, the Secretary shall, in consultation with State 
departments of transportation and other appropriate public 
and private transportation stakeholders, develop and post on 
the Department of Transportation public website a national 
freight strategic plan that shall include— 
‘‘(A) an assessment of the condition and performance 
of the national freight network; 
‘‘(B) an identification of highway bottlenecks on the 
national freight network that create significant freight 
congestion problems, based on a quantitative methodology 
developed by the Secretary, which shall, at a minimum, 
include— 
‘‘(i) information from the Freight Analysis Network 
of the Federal Highway Administration; and 
‘‘(ii) to the maximum extent practicable, an esti-
mate of the cost of addressing each bottleneck and 
any operational improvements that could be imple-
mented; 
‘‘(C) forecasts of freight volumes for the 20-year period 
beginning in the year during which the plan is issued; 
‘‘(D) an identification of major trade gateways and 
national freight corridors that connect major population 
centers, trade gateways, and other major freight generators 
for current and forecasted traffic and freight volumes, the
H. R. 4348—67 
identification of which shall be revised, as appropriate, 
in subsequent plans; 
‘‘(E) an assessment of statutory, regulatory, techno-
logical, institutional, financial, and other barriers to 
improved freight transportation performance (including 
opportunities for overcoming the barriers); 
‘‘(F) an identification of routes providing access to 
energy exploration, development, installation, or production 
areas; 
‘‘(G) best practices for improving the performance of 
the national freight network; 
‘‘(H) best practices to mitigate the impacts of freight 
movement on communities; 
‘‘(I) a process for addressing multistate projects and 
encouraging jurisdictions to collaborate; and 
‘‘(J) 
strategies 
to 
improve 
freight 
intermodal 
connectivity. 
‘‘(2) UPDATES TO NATIONAL FREIGHT STRATEGIC PLAN.—Not 
later than 5 years after the date of completion of the first 
national freight strategic plan under paragraph (1), and every 
5 years thereafter, the Secretary shall update and repost on 
the Department of Transportation public website a revised 
national freight strategic plan. 
‘‘(g) FREIGHT TRANSPORTATION CONDITIONS AND PERFORMANCE 
REPORTS.—Not later than 2 years after the date of enactment 
of this section, and biennially thereafter, the Secretary shall prepare 
a report that contains a description of the conditions and perform-
ance of the national freight network in the United States. 
‘‘(h) TRANSPORTATION
INVESTMENT
DATA
AND
PLANNING 
TOOLS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after the date 
of enactment of this section, the Secretary shall— 
‘‘(A) begin development of new tools and improvement 
of existing tools or improve existing tools to support an 
outcome-oriented, performance-based approach to evaluate 
proposed freight-related and other transportation projects, 
including— 
‘‘(i) methodologies for systematic analysis of bene-
fits and costs; 
‘‘(ii) tools for ensuring that the evaluation of 
freight-related and other transportation projects could 
consider safety, economic competitiveness, environ-
mental sustainability, and system condition in the 
project selection process; and 
‘‘(iii) other elements to assist in effective transpor-
tation planning; 
‘‘(B) identify transportation-related model data ele-
ments to support a broad range of evaluation methods 
and techniques to assist in making transportation invest-
ment decisions; and 
‘‘(C) at a minimum, in consultation with other relevant 
Federal agencies, consider any improvements to existing 
freight flow data collection efforts that could reduce identi-
fied freight data gaps and deficiencies and help improve 
forecasts of freight transportation demand.
H. R. 4348—68 
‘‘(2) CONSULTATION.—The Secretary shall consult with Fed-
eral, State, and other stakeholders to develop, improve, and 
implement the tools and collect the data in paragraph (1). 
‘‘(i) DEFINITION OF AEROTROPOLIS TRANSPORTATION SYSTEM.— 
In this section, the term ‘aerotropolis transportation system’ means 
a planned and coordinated multimodal freight and passenger 
transportation network that, as determined by the Secretary, pro-
vides 
efficient, 
cost-effective, 
sustainable, 
and 
intermodal 
connectivity to a defined region of economic significance centered 
around a major airport.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of 
title 23, United States Code, is amended by adding at the end 
the following: 
‘‘167. National freight program.’’. 
SEC. 1116. PRIORITIZATION OF PROJECTS TO IMPROVE FREIGHT 
MOVEMENT. 
(a) IN GENERAL.—Notwithstanding section 120 of title 23, 
United States Code, the Secretary may increase the Federal share 
payable for any project to 95 percent for projects on the Interstate 
System and 90 percent for any other project if the Secretary certifies 
that the project meets the requirements of this section. 
(b) INCREASED FUNDING.—To be eligible for the increased Fed-
eral funding share under this section, a project shall— 
(1) demonstrate the improvement made by the project to 
the efficient movement of freight, including making progress 
towards meeting performance targets for freight movement 
established under section 150(d) of title 23, United States Code; 
and 
(2) be identified in a State freight plan developed pursuant 
to section 1118. 
(c) ELIGIBLE PROJECTS.—Eligible projects to improve the move-
ment of freight under this section may include, but are not limited 
to— 
(1) construction, reconstruction, rehabilitation, and oper-
ational improvements directly relating to improving freight 
movement; 
(2) intelligent transportation systems and other technology 
to improve the flow of freight; 
(3) efforts to reduce the environmental impacts of freight 
movement on the primary freight network; 
(4) railway-highway grade separation; 
(5) geometric improvements to interchanges and ramps. 
(6) truck-only lanes; 
(7) climbing and runaway truck lanes; 
(8) truck parking facilities eligible for funding under section 
1401; 
(9) real-time traffic, truck parking, roadway condition, and 
multimodal transportation information systems; 
(10) improvements to freight intermodal connectors; and 
(11) improvements to truck bottlenecks. 
SEC. 1117. STATE FREIGHT ADVISORY COMMITTEES. 
(a) IN GENERAL.—The Secretary shall encourage each State 
to establish a freight advisory committee consisting of a representa-
tive cross-section of public and private sector freight stakeholders, 
including representatives of ports, shippers, carriers, freight-related
H. R. 4348—69 
associations, the freight industry workforce, the transportation 
department of the State, and local governments. 
(b) ROLE OF COMMITTEE.—A freight advisory committee of a 
State described in subsection (a) shall— 
(1) advise the State on freight-related priorities, issues, 
projects, and funding needs; 
(2) serve as a forum for discussion for State transportation 
decisions affecting freight mobility; 
(3) communicate and coordinate regional priorities with 
other organizations; 
(4) promote the sharing of information between the private 
and public sectors on freight issues; and 
(5) participate in the development of the freight plan of 
the State described in section 1118. 
SEC. 1118. STATE FREIGHT PLANS. 
(a) IN GENERAL.—The Secretary shall encourage each State 
to develop a freight plan that provides a comprehensive plan for 
the immediate and long-range planning activities and investments 
of the State with respect to freight. 
(b) PLAN CONTENTS.—A freight plan described in subsection 
(a) shall include, at a minimum— 
(1) an identification of significant freight system trends, 
needs, and issues with respect to the State; 
(2) a description of the freight policies, strategies, and 
performance measures that will guide the freight-related 
transportation investment decisions of the State; 
(3) a description of how the plan will improve the ability 
of the State to meet the national freight goals established 
under section 167 of title 23, United States Code; 
(4) evidence of consideration of innovative technologies and 
operational strategies, including intelligent transportation sys-
tems, that improve the safety and efficiency of freight move-
ment; 
(5) in the case of routes on which travel by heavy vehicles 
(including mining, agricultural, energy cargo or equipment, and 
timber vehicles) is projected to substantially deteriorate the 
condition of roadways, a description of improvements that may 
be required to reduce or impede the deterioration; and 
(6) an inventory of facilities with freight mobility issues, 
such as truck bottlenecks, within the State, and a description 
of the strategies the State is employing to address those freight 
mobility issues. 
(c) RELATIONSHIP
TO
LONG-RANGE
PLAN.—A freight plan 
described in subsection (a) may be developed separate from or 
incorporated into the statewide strategic long-range transportation 
plan required by section 135 of title 23, United States Code. 
SEC. 1119. FEDERAL LANDS AND TRIBAL TRANSPORTATION PRO-
GRAMS. 
(a) IN GENERAL.—Chapter 2 of title 23, United States Code, 
is amended by striking sections 201 through 204 and inserting 
the following: 
‘‘§ 201. Federal lands and tribal transportation programs 
‘‘(a) PURPOSE.—Recognizing the need for all public Federal and 
tribal transportation facilities to be treated under uniform policies 
similar to the policies that apply to Federal-aid highways and
H. R. 4348—70 
other public transportation facilities, the Secretary of Transpor-
tation, in collaboration with the Secretaries of the appropriate Fed-
eral land management agencies, shall coordinate a uniform policy 
for all public Federal and tribal transportation facilities that shall 
apply to Federal lands transportation facilities, tribal transportation 
facilities, and Federal lands access transportation facilities. 
‘‘(b) AVAILABILITY OF FUNDS.— 
‘‘(1) 
AVAILABILITY.—Funds 
authorized 
for 
the 
tribal 
transportation program, the Federal lands transportation pro-
gram, and the Federal lands access program shall be available 
for contract upon apportionment, or on October 1 of the fiscal 
year for which the funds were authorized if no apportionment 
is required. 
‘‘(2) AMOUNT REMAINING.—Any amount remaining unex-
pended for a period of 3 years after the close of the fiscal 
year for which the funds were authorized shall lapse. 
‘‘(3) OBLIGATIONS.—The Secretary of the department 
responsible for the administration of funds under this sub-
section may incur obligations, approve projects, and enter into 
contracts under such authorizations, which shall be considered 
to be contractual obligations of the United States for the pay-
ment of the cost thereof, the funds of which shall be considered 
to have been expended when obligated. 
‘‘(4) EXPENDITURE.— 
‘‘(A) IN GENERAL.—Any funds authorized for any fiscal 
year after the date of enactment of this section under 
the Federal lands transportation program, the Federal 
lands access program, and the tribal transportation pro-
gram shall be considered to have been expended if a sum 
equal to the total of the sums authorized for the fiscal 
year and previous fiscal years have been obligated. 
‘‘(B) 
CREDITED
FUNDS.—Any 
funds 
described 
in 
subparagraph (A) that are released by payment of final 
voucher or modification of project authorizations shall be— 
‘‘(i) credited to the balance of unobligated 
authorizations; and 
‘‘(ii) immediately available for expenditure. 
‘‘(5) APPLICABILITY.—This section shall not apply to funds 
authorized before the date of enactment of this paragraph. 
‘‘(6) CONTRACTUAL OBLIGATION.— 
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law (including regulations), the authorization by 
the Secretary, or the Secretary of the appropriate Federal 
land management agency if the agency is the contracting 
office, of engineering and related work for the development, 
design, and acquisition associated with a construction 
project, whether performed by contract or agreement 
authorized by law, or the approval by the Secretary of 
plans, specifications, and estimates for construction of a 
project, shall be considered to constitute a contractual 
obligation of the Federal Government to pay the total 
eligible cost of— 
‘‘(i) any project funded under this title; and 
‘‘(ii) any project funded pursuant to agreements 
authorized by this title or any other title. 
‘‘(B) EFFECT.—Nothing in this paragraph—
H. R. 4348—71 
‘‘(i) affects the application of the Federal share 
associated with the project being undertaken under 
this section; or 
‘‘(ii) modifies the point of obligation associated with 
Federal salaries and expenses. 
‘‘(7) FEDERAL SHARE.— 
‘‘(A) TRIBAL AND FEDERAL LANDS TRANSPORTATION PRO-
GRAM.—The Federal share of the cost of a project carried 
out under the Federal lands transportation program or 
the tribal transportation program shall be 100 percent. 
‘‘(B) FEDERAL LANDS ACCESS PROGRAM.—The Federal 
share of the cost of a project carried out under the Federal 
lands access program shall be determined in accordance 
with section 120. 
‘‘(c) TRANSPORTATION PLANNING.— 
‘‘(1) TRANSPORTATION PLANNING PROCEDURES.—In consulta-
tion with the Secretary of each appropriate Federal land 
management agency, the Secretary shall implement transpor-
tation planning procedures for Federal lands and tribal 
transportation facilities that are consistent with the planning 
processes required under sections 134 and 135. 
‘‘(2) APPROVAL
OF
TRANSPORTATION
IMPROVEMENT
PRO-
GRAM.—The transportation improvement program developed as 
a part of the transportation planning process under this section 
shall be approved by the Secretary. 
‘‘(3) INCLUSION IN OTHER PLANS.—Each regionally signifi-
cant tribal transportation program, Federal lands transpor-
tation program, and Federal lands access program project shall 
be— 
‘‘(A) developed in cooperation with State and metropoli-
tan planning organizations; and 
‘‘(B) included in appropriate tribal transportation pro-
gram plans, Federal lands transportation program plans, 
Federal lands access program plans, State and metropolitan 
plans, and transportation improvement programs. 
‘‘(4) INCLUSION IN STATE PROGRAMS.—The approved tribal 
transportation program, Federal lands transportation program, 
and Federal lands access program transportation improvement 
programs shall be included in appropriate State and metropoli-
tan planning organization plans and programs without further 
action on the transportation improvement program. 
‘‘(5) ASSET MANAGEMENT.—The Secretary and the Secretary 
of each appropriate Federal land management agency shall, 
to the extent appropriate, implement safety, bridge, pavement, 
and congestion management systems for facilities funded under 
the tribal transportation program and the Federal lands 
transportation program in support of asset management. 
‘‘(6) DATA COLLECTION.— 
‘‘(A) DATA COLLECTION.—The Secretaries of the appro-
priate Federal land management agencies shall collect and 
report data necessary to implement the Federal lands 
transportation program, the Federal lands access program, 
and the tribal transportation program in accordance with 
the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.), including—
H. R. 4348—72 
‘‘(i) inventory and condition information on Federal 
lands transportation facilities and tribal transportation 
facilities; and 
‘‘(ii) bridge inspection and inventory information 
on any Federal bridge open to the public. 
‘‘(B) STANDARDS.—The Secretary, in coordination with 
the Secretaries of the appropriate Federal land manage-
ment agencies, shall define the collection and reporting 
data standards. 
‘‘(7) ADMINISTRATIVE EXPENSES.—To implement the activi-
ties described in this subsection, including direct support of 
transportation planning activities among Federal land manage-
ment agencies, the Secretary may use not more than 5 percent 
for each fiscal year of the funds authorized for programs under 
sections 203 and 204. 
‘‘(d) REIMBURSABLE AGREEMENTS.—In carrying out work under 
reimbursable agreements with any State, local, or tribal government 
under this title, the Secretary— 
‘‘(1) may, without regard to any other provision of law 
(including regulations), record obligations against accounts 
receivable from the entity; and 
‘‘(2) shall credit amounts received from the entity to the 
appropriate account, which shall occur not later than 90 days 
after the date of the original request by the Secretary for 
payment. 
‘‘(e) TRANSFERS.— 
‘‘(1) IN
GENERAL.—To enable the efficient use of funds 
made available for the Federal lands transportation program 
and the Federal lands access program, the funds may be trans-
ferred by the Secretary within and between each program with 
the concurrence of, as appropriate— 
‘‘(A) the Secretary; 
‘‘(B) the affected Secretaries of the respective Federal 
land management agencies; 
‘‘(C) State departments of transportation; and 
‘‘(D) local government agencies. 
‘‘(2) CREDIT.—The funds described in paragraph (1) shall 
be credited back to the loaning entity with funds that are 
currently available for obligation at the time of the credit. 
‘‘§ 202. Tribal transportation program 
‘‘(a) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Funds made available under the tribal 
transportation program shall be used by the Secretary of 
Transportation and the Secretary of the Interior to pay the 
costs of— 
‘‘(A)(i) transportation planning, research, maintenance, 
engineering, rehabilitation, restoration, construction, and 
reconstruction of tribal transportation facilities; 
‘‘(ii) adjacent vehicular parking areas; 
‘‘(iii) interpretive signage; 
‘‘(iv) acquisition of necessary scenic easements and 
scenic or historic sites; 
‘‘(v) provisions for pedestrians and bicycles; 
‘‘(vi) environmental mitigation in or adjacent to tribal 
land—
H. R. 4348—73 
‘‘(I) to improve public safety and reduce vehicle- 
caused wildlife mortality while maintaining habitat 
connectivity; and 
‘‘(II) to mitigate the damage to wildlife, aquatic 
organism passage, habitat, and ecosystem connectivity, 
including the costs of constructing, maintaining, 
replacing, or removing culverts and bridges, as appro-
priate; 
‘‘(vii) construction and reconstruction of roadside rest 
areas, including sanitary and water facilities; and 
‘‘(viii) other appropriate public road facilities as deter-
mined by the Secretary; 
‘‘(B) operation and maintenance of transit programs 
and facilities that are located on, or provide access to, 
tribal land, or are administered by a tribal government; 
and 
‘‘(C) any transportation project eligible for assistance 
under this title that is located within, or that provides 
access to, tribal land, or is associated with a tribal govern-
ment. 
‘‘(2) CONTRACT.—In connection with an activity described 
in paragraph (1), the Secretary and the Secretary of the Interior 
may enter into a contract or other appropriate agreement with 
respect to the activity with— 
‘‘(A) a State (including a political subdivision of a 
State); or 
‘‘(B) an Indian tribe. 
‘‘(3) INDIAN
LABOR.—Indian labor may be employed, in 
accordance with such rules and regulations as may be promul-
gated by the Secretary of the Interior, to carry out any construc-
tion or other activity described in paragraph (1). 
‘‘(4) FEDERAL EMPLOYMENT.—No maximum limitation on 
Federal employment shall be applicable to the construction 
or improvement of tribal transportation facilities. 
‘‘(5) FUNDS
FOR
CONSTRUCTION
AND
IMPROVEMENT.—All 
funds made available for the construction and improvement 
of tribal transportation facilities shall be administered in con-
formity with regulations and agreements jointly approved by 
the Secretary and the Secretary of the Interior. 
‘‘(6) ADMINISTRATIVE EXPENSES.—Of the funds authorized 
to be appropriated for the tribal transportation program, not 
more than 6 percent may be used by the Secretary or the 
Secretary of the Interior for program management and over-
sight and project-related administrative expenses. 
‘‘(7) TRIBAL
TECHNICAL
ASSISTANCE
CENTERS.—The Sec-
retary of the Interior may reserve amounts from administrative 
funds of the Bureau of Indian Affairs that are associated with 
the tribal transportation program to fund tribal technical assist-
ance centers under section 504(b). 
‘‘(8) MAINTENANCE.— 
‘‘(A) USE OF FUNDS.—Notwithstanding any other provi-
sion of this title, of the amount of funds allocated to an 
Indian tribe from the tribal transportation program, for 
the purpose of maintenance (excluding road sealing, which 
shall not be subject to any limitation), the Secretary shall 
not use an amount more than the greater of— 
‘‘(i) an amount equal to 25 percent; or