680 
‘‘§ 503. Research and development 
‘‘(a) IN GENERAL.—The Secretary shall establish a re-
search and development program in accordance with this 
section and the strategic plan developed under section 508. 
‘‘(b) RESPONSIBILITIES.—To address current and 
emerging highway transportation needs, the Secretary, in 
carrying out the program under this section, shall— 
‘‘(1) identify research topics; 
‘‘(2) conduct research, testing, and evaluation ac-
tivities; 
‘‘(3) facilitate technology transfer; 
‘‘(4) provide technical assistance; and 
‘‘(5) ensure program activities are coordinated 
with the transportation research and development 
strategic plan developed under section 508. 
‘‘(c) IMPROVING HIGHWAY SAFETY.— 
‘‘(1) OBJECTIVES.—In carrying out the program 
under this section, the Secretary shall create system-
atic measures to improve highway safety for all road 
users, vehicles, and public roads to— 
‘‘(A) achieve greater long-term safety gains; 
‘‘(B) reduce the number of fatalities and se-
rious injuries; 
‘‘(C) fill knowledge gaps that currently 
limit the effectiveness of research; 
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‘‘(D) support the development and imple-
mentation of State strategic highway safety 
plans under section 148; 
‘‘(E) advance improvements in and use of 
performance prediction analysis for decision-
making; 
‘‘(F) expand technology transfer to partners 
and stakeholders; 
‘‘(G) achieve safety benefits through con-
nected vehicle technology; and 
‘‘(H) enhance rural highway safety. 
‘‘(2) ACTIVITIES.—Research and development ac-
tivities carried out under this subsection may include 
activities relating to— 
‘‘(A) safety assessments and decisionmaking 
tools; 
‘‘(B) data collection and analysis; 
‘‘(C) crash reduction projections; 
‘‘(D) low-cost safety countermeasures; 
‘‘(E) innovative operational improvements 
and designs of roadway and roadside features; 
‘‘(F) evaluation of countermeasure costs and 
benefits; 
‘‘(G) development of tools for projecting im-
pacts of safety countermeasures; 
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‘‘(H) rural road safety; 
‘‘(I) safety policy studies; 
‘‘(J) human factors studies and methods; 
‘‘(K) safety technology deployment; 
‘‘(L) safety program and process improve-
ments; and 
‘‘(M) tools and methods to enhance safety 
performance, including achievement of statewide 
safety performance targets. 
‘‘(d) IMPROVING HIGHWAY INFRASTRUCTURE INTEG-
RITY.— 
‘‘(1) OBJECTIVES.—In carrying out the program 
under this section, the Secretary shall improve the 
ability to maintain highway infrastructure integrity, 
meet user needs, and improve system performance 
through targeted Federal transportation investments 
to— 
‘‘(A) reduce the number of fatalities attrib-
utable to highway infrastructure design charac-
teristics and work zones; 
‘‘(B) improve the safety of highway infra-
structure; 
‘‘(C) increase the reliability of life-cycle per-
formance predictions used in highway infra-
structure design, construction, and management; 
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‘‘(D) improve the ability of transportation 
agencies to deliver projects that meet expectations 
for timeliness, quality, and cost; 
‘‘(E) reduce user delay attributable to high-
way infrastructure system performance, mainte-
nance, rehabilitation, and construction; 
‘‘(F) improve highway condition and per-
formance through increased use of innovative 
pavements during highway design, construction, 
and maintenance; 
‘‘(G) improve highway condition and per-
formance through increased use of innovative de-
signs, materials, and construction methods in the 
construction, 
repair, 
and 
rehabilitation 
of 
bridges; 
‘‘(H) reduce the life-cycle environmental im-
pacts of highway infrastructure, including de-
sign, construction, operation, preservation, and 
maintenance; and 
‘‘(I) improve the resiliency of roadways to 
commercial heavy freight traffic. 
‘‘(2) ACTIVITIES.—Research and technology ac-
tivities carried out under this subsection may include 
activities relating to— 
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‘‘(A) long-term infrastructure performance 
programs addressing pavements, bridges, tunnels, 
and other structures; 
‘‘(B) short-term and accelerated studies of 
highway infrastructure performance; 
‘‘(C) the development of more durable high-
way and bridge infrastructure materials and 
systems, including the use of carbon fiber com-
posite materials in bridge replacement and reha-
bilitation; 
‘‘(D) advanced highway and bridge infra-
structure design methods; 
‘‘(E) accelerated highway construction; 
‘‘(F) performance-based specifications; 
‘‘(G) construction and materials quality as-
surance; 
‘‘(H) comprehensive and integrated high-
way infrastructure asset management; 
‘‘(I) technology transfer and adoption of 
permeable, pervious, or porous paving materials, 
practices, and systems that are designed to mini-
mize environmental impacts, stormwater runoff, 
and flooding and to treat or remove pollutants 
by allowing stormwater to infiltrate through the 
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pavement 
in 
a 
manner 
similar 
to 
predevelopment hydrologic conditions; 
‘‘(J) sustainable highway infrastructure de-
sign and construction; 
‘‘(K) highway and bridge infrastructure re-
habilitation and preservation techniques, includ-
ing those techniques to address historic infra-
structure; 
‘‘(L) hydraulic, geotechnical, and aero-
dynamic aspects of highway infrastructure; 
‘‘(M) improved highway construction tech-
nologies and practices; 
‘‘(N) improved tools, technologies, and mod-
els for highway and bridge infrastructure man-
agement, including assessment and monitoring of 
infrastructure condition; 
‘‘(O) improving flexibility and resiliency of 
highway and bridge infrastructure systems to 
withstand climate variability; and 
‘‘(P) highway infrastructure resilience and 
other adaptation measures. 
‘‘(e) REDUCING CONGESTION, IMPROVING HIGHWAY 
OPERATIONS, AND ENHANCING FREIGHT PRODUCTIVITY.— 
‘‘(1) OBJECTIVES.—In carrying out the program 
under this section, the Secretary shall examine ap-
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proaches to reduce traffic congestion (including 
freight-related congestion throughout the transpor-
tation network), reduce the costs of such congestion, 
and improve freight movement. 
‘‘(2) ACTIVITIES.—Research and technology ac-
tivities carried out under this subsection may include 
examination of— 
‘‘(A) active traffic and demand manage-
ment; 
‘‘(B) accelerating deployment of intelligent 
transportation systems; 
‘‘(C) arterial management and traffic sig-
nal operation; 
‘‘(D) congestion pricing; 
‘‘(E) corridor management; 
‘‘(F) emergency operations; 
‘‘(G) freeway management; 
‘‘(H) impacts of vehicle size and weight; 
‘‘(I) freight operations and technology; 
‘‘(J) operations and freight performance 
measurement and management; 
‘‘(K) organizing and planning for oper-
ations; 
‘‘(L) planned special events management; 
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‘‘(M) real-time transportation information, 
including real-time ridesharing; 
‘‘(N) road weather management; 
‘‘(O) traffic and freight data and analysis 
tools; 
‘‘(P) traffic control devices; 
‘‘(Q) traffic incident management; 
‘‘(R) workzone management; 
‘‘(S) mechanisms that communicate travel, 
roadway, and emergency information to all road 
users (as defined in section 148); and 
‘‘(T) enhanced mode choice and intermodal 
connectivity. 
‘‘(f) ASSESSING POLICY AND SYSTEM FINANCING AL-
TERNATIVES.— 
‘‘(1) OBJECTIVES.—In carrying out the program 
under this section, the Secretary shall conduct policy 
analysis on emerging issues in the transportation 
community to provide information to policymakers 
and decisionmakers. 
‘‘(2) ACTIVITIES.—Research and technology ac-
tivities carried out under this subsection may include 
activities relating to— 
‘‘(A) highway needs and investment anal-
ysis; 
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‘‘(B) analysis of legislative development and 
implementation; 
‘‘(C) highway policy analysis; 
‘‘(D) the effect of highway congestion on the 
economy; 
‘‘(E) research in emerging policy areas; 
‘‘(F) advancing innovations in revenue gen-
eration, financing, and procurement for project 
delivery; 
‘‘(G) improving project financial and cost 
analysis; 
‘‘(H) highway performance measurement; 
‘‘(I) travel demand performance measure-
ment; and 
‘‘(J) highway finance performance measure-
ment. 
‘‘(3) INFRASTRUCTURE INVESTMENT NEEDS RE-
PORT.— 
‘‘(A) IN GENERAL.—Not later than July 31, 
2012, and July 31 of every second year there-
after, the Secretary shall transmit to the Com-
mittee on Transportation and Infrastructure of 
the House of Representatives and the Committee 
on Environment and Public Works of the Senate 
a report that describes estimates of the future 
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highway and bridge needs of the United States 
and the backlog of highway and bridge needs at 
the time of the report. 
‘‘(B) COMPARISON.—Each report under 
subparagraph (A) shall provide the means, in-
cluding all necessary information, to relate and 
compare the conditions and service measures 
used in the previous biennial reports. 
‘‘(g) EXPLORATORY ADVANCED RESEARCH.—In car-
rying out the program under this section, the Secretary 
shall conduct long-term, higher-risk research, consistent 
with the transportation research and development plan 
under section 508, with the potential for dramatic break-
throughs in the field of highway transportation. 
‘‘(h) GRANTS, COOPERATIVE AGREEMENTS, AND CON-
TRACTS.— 
‘‘(1) IN GENERAL.—In carrying out the program 
under this section, the Secretary may make grants to, 
and enter into cooperative agreements and contracts 
with, States, other Federal agencies, institutions of 
higher education, private sector entities, and non-
profit organizations to pay the Federal share of the 
cost of research, development, and technology transfer 
activities. 
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‘‘(2) APPLICATIONS.—To receive a grant under 
this subsection, an entity described in paragraph (1) 
shall submit an application to the Secretary. The ap-
plication shall be in such form and contain such in-
formation and assurances as the Secretary may re-
quire. 
‘‘(3) TECHNOLOGY
AND
INFORMATION
TRANS-
FER.—The Secretary shall ensure that the informa-
tion and technology resulting from research conducted 
under this subsection is made available to State and 
local transportation departments and other interested 
parties as specified by the Secretary. 
‘‘(i) TURNER-FAIRBANK HIGHWAY RESEARCH CEN-
TER.— 
‘‘(1) IN GENERAL.—The Secretary shall operate 
in the Federal Highway Administration a Turner- 
Fairbank Highway Research Center. 
‘‘(2) USES OF THE CENTER.—The Center shall 
support— 
‘‘(A) the conduct of highway research and 
development related to new highway technology, 
including connected vehicle technology; 
‘‘(B) the development of understandings, 
tools, and techniques that provide solutions to 
complex technical problems through the develop-
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ment of economical and environmentally sen-
sitive designs, efficient and quality-controlled 
construction practices, and durable materials; 
‘‘(C) the development of innovative highway 
products and practices; and 
‘‘(D) long-term high-risk research to im-
prove the materials used in highway infrastruc-
ture. 
‘‘(j) CENTERS FOR SURFACE TRANSPORTATION EX-
CELLENCE.— 
‘‘(1) ESTABLISHMENT.—The Secretary may es-
tablish not more than 4 centers for surface transpor-
tation excellence. 
‘‘(2) GOALS.—The goals of the centers for surface 
transportation excellence are to promote and support 
strategic national surface transportation programs 
and activities relating to the work of State depart-
ments of transportation. 
‘‘(3) ROLE OF THE CENTERS.—To achieve the 
goals set forth in paragraph (2), the Secretary shall 
establish centers that provide technical assistance, in-
formation sharing of best practices, and training in 
the use of tools and decisionmaking processes that can 
assist States in effectively implementing surface 
transportation programs, projects, and policies. 
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‘‘(4) PROGRAM ADMINISTRATION.— 
‘‘(A) COMPETITION.—A party entering into 
a contract, cooperative agreement, or other trans-
action with the Secretary under this subsection, 
or receiving a grant to perform research or pro-
vide technical assistance under this subsection, 
shall be selected on a competitive basis. 
‘‘(B) STRATEGIC
PLAN.—The Secretary 
shall require each center to develop a multiyear 
strategic plan, and submit the plan to the Sec-
retary at such time as the Secretary requires, 
that describes— 
‘‘(i) the activities to be undertaken by 
the center; and 
‘‘(ii) how the work of the center will be 
coordinated with the activities of the Fed-
eral Highway Administration and the var-
ious other research, development, and tech-
nology transfer activities authorized by this 
chapter. 
‘‘(5) FUNDING.—Of the amounts made available 
by section 7001(a)(1) of the American Energy and 
Infrastructure Jobs Act of 2012, not more than 
$3,000,000 for each of fiscal years 2013 through 2016 
shall be available to carry out this subsection.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for chapter 
5 of such title is amended by striking the item relating to 
section 503 and inserting the following: 
‘‘503. Research and development.’’. 
SEC. 7006. TECHNOLOGY AND INNOVATION DEPLOYMENT 
PROGRAM. 
(a) IN GENERAL.—Chapter 5 of title 23, United States 
Code, is amended by inserting after section 503 the fol-
lowing: 
‘‘§ 503a. Technology and innovation deployment pro-
gram 
‘‘(a) IN GENERAL.—The Secretary, in accordance with 
the strategic plan developed under section 508, shall carry 
out a technology and innovation deployment program on 
all aspects of highway transportation by promoting and fa-
cilitating the products, technologies, tools, methods, or other 
findings resulting from highway research conducted under 
this chapter. 
‘‘(b) OBJECTIVES.—The Secretary shall seek to ad-
vance the following objectives: 
‘‘(1) Significantly accelerate the adoption of in-
novative technologies by the surface transportation 
community. 
‘‘(2) Significantly accelerate the adoption of ad-
vanced modeling technologies, as described in section 
106, by the surface transportation community. 
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‘‘(3) Provide leadership and incentives to dem-
onstrate and promote state-of-the-art technologies, ele-
vated performance standards, and new business prac-
tices in highway construction processes that result in 
improved safety, faster construction, reduced conges-
tion from construction, and improved quality and 
user satisfaction. 
‘‘(4) Advance longer-lasting highways using in-
novative technologies and practices to accomplish 
more rapid construction of efficient and safe high-
ways and bridges. 
‘‘(5) Improve highway efficiency, safety, mobil-
ity, reliability, service life, and environmental protec-
tion. 
‘‘(6) Develop and deploy new tools, techniques, 
and practices to accelerate the adoption of innovation 
in all aspects of highway transportation. 
‘‘(7) Enhance deployment and operations of in-
telligent transportation systems. 
‘‘(c) ACTIVITIES.—The program may include— 
‘‘(1) activities conducted under section 503; 
‘‘(2) other technologies and innovations requiring 
additional development and testing not performed 
under section 503 but necessary to bring about suc-
cessful deployment and delivery; and 
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‘‘(3) developing and improving innovative tech-
nologies and practices and exploring new technologies 
to accelerate innovation adoption. 
‘‘(d) GRANTS, COOPERATIVE AGREEMENTS, AND CON-
TRACTS.— 
‘‘(1) IN GENERAL.—Under the program, the Sec-
retary may make grants to, and enter into coopera-
tive agreements and contracts with, States, other Fed-
eral agencies, institutions of higher education, private 
sector entities, Federal laboratories, and nonprofit or-
ganizations to pay the Federal share of the cost of re-
search, development, and deployment activities. 
‘‘(2) APPLICATIONS.—To receive a grant under 
this subsection, an entity described in paragraph (1) 
shall submit an application to the Secretary. The ap-
plication shall be in such form and contain such in-
formation and assurances as the Secretary may re-
quire. 
‘‘(3) TECHNOLOGY
AND
INFORMATION
TRANS-
FER.—The Secretary shall ensure that the informa-
tion and technology resulting from research conducted 
under this subsection is made available to State and 
local transportation departments and other interested 
parties as specified by the Secretary. 
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‘‘(e) DEPLOYMENT OF FUTURE STRATEGIC HIGHWAY 
RESEARCH PROGRAM RESULTS AND PRODUCTS.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the American Association of State Highway 
and Transportation Officials and the National Acad-
emy of Sciences, shall promote research results and 
products developed under the Strategic Highway Re-
search Program 2 administered by the Transportation 
Research Board of the National Academy of Sciences. 
‘‘(2) STRATEGY OF PROMOTION.—The Secretary, 
to the extent practicable, shall base the deployment of 
research results and products described in paragraph 
(1) on the recommendations included in the Trans-
portation Research Board Special Report 296 entitled 
‘Implementing the Results of the Second Strategic 
Highway Research Program: Saving Lives, Reducing 
Congestion, Improving Quality of Life’.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 5 of title 23, United States Code, is amended by 
inserting after the item relating to section 503 the following: 
‘‘503a. Technology and innovation deployment program.’’. 
SEC. 7007. TRAINING AND EDUCATION. 
Section 504 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a)(2) by striking subpara-
graph (A) and inserting the following: 
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‘‘(A) Federal Highway Administration em-
ployees, State and local transportation agency 
employees, and Federal agency partners;’’; 
(2) in subsection (b) by striking paragraph (3) 
and inserting the following: 
‘‘(3) FEDERAL SHARE.— 
‘‘(A) LOCAL TECHNICAL ASSISTANCE CEN-
TERS.—Subject to clause (ii), the Federal share 
of the cost of any activity carried out by a local 
technical assistance center under paragraphs (1) 
and (2) shall be 50 percent, except that the re-
maining share may include funds provided to a 
recipient under subsection (e) or section 505. 
‘‘(B) TRIBAL TECHNICAL ASSISTANCE CEN-
TERS.—The Federal share of the cost of activities 
carried out by the tribal technical assistance cen-
ters under paragraph (2)(D)(ii) shall be 100 per-
cent.’’; 
(3) in subsection (c)(2) by adding at the end the 
following: ‘‘Funds provided to institutions of higher 
education to carry out this paragraph shall be used 
in direct support of student expenses associated with 
their transportation studies.’’; 
(4) by striking subsection (d); 
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(5) by redesignating subsections (e) through (g) 
as subsections (d) through (f), respectively; 
(6) in subsection (d) (as so redesignated)— 
(A) in paragraph (1)— 
(i) by striking ‘‘sections 104(b)(1), 
104(b)(2), 104(b)(3), 104(b)(4), and 144(e)’’ 
and inserting ‘‘paragraphs (1), (2), and (3) 
of section 104(b)’’; 
(ii) in subparagraph (D) by striking 
‘‘and’’; 
(iii) in subparagraph (E) by striking 
the period at the end and inserting a semi-
colon; and 
(iv) by adding at the end the following: 
‘‘(F) activities delivered by the National 
Highway Institute under subsection (a); and 
‘‘(G) the local technical assistance program 
under subsection (b).’’; and 
(B) in paragraph (2) by inserting before the 
period at the end the following: ‘‘, except for ac-
tivities carried out under paragraph (1)(G), for 
which the Federal share shall be 50 percent as 
described in subsection (b)(3)(A)’’; and 
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(7) in the heading of subsection (e) (as redesig-
nated by paragraph (5) of this section) by striking 
‘‘PILOT’’. 
SEC. 7008. STATE PLANNING AND RESEARCH. 
Section 505(a) of title 23, United States Code, is 
amended in the first sentence by striking ‘‘104(h)) and 
under section 144’’ and inserting ‘‘104(i))’’. 
SEC. 7009. INTERNATIONAL HIGHWAY TRANSPORTATION 
OUTREACH PROGRAM. 
Section 506 of title 23, United States Code, and the 
item relating to such section in the analysis for chapter 5 
of such title, are repealed. 
SEC. 7010. SURFACE TRANSPORTATION-ENVIRONMENTAL 
COOPERATIVE RESEARCH PROGRAM. 
Section 507 of title 23, United States Code, and the 
item relating to such section in the analysis for chapter 5 
of such title, are repealed. 
SEC. 7011. TRANSPORTATION RESEARCH AND DEVELOP-
MENT STRATEGIC PLANNING. 
Section 508(a) of title 23, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘SAFETEA-LU’’ and in-
serting ‘‘American Energy and Infrastructure 
Jobs Act of 2012’’; and 
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(B) by adding ‘‘, acting through the Admin-
istrator of the Research and Innovative Tech-
nology Administration,’’ after ‘‘Secretary’’; and 
(2) in paragraph (2)(A)(iii) by striking ‘‘pro-
moting security’’ and inserting ‘‘improving goods 
movement’’. 
SEC. 7012. NATIONAL COOPERATIVE FREIGHT TRANSPOR-
TATION RESEARCH PROGRAM. 
Section 509 of title 23, United States Code, and the 
item relating to such section in the analysis for chapter 5 
of such title, are repealed. 
SEC. 7013. FUTURE STRATEGIC HIGHWAY RESEARCH PRO-
GRAM. 
Section 510 of title 23, United States Code, and the 
item relating to such section in the analysis for chapter 5 
of such title, are repealed. 
SEC. 7014. NATIONAL INTELLIGENT TRANSPORTATION SYS-
TEMS PROGRAM PLAN. 
(a) IN GENERAL.—Section 512 of title 23, United 
States Code, is amended— 
(1) in the section heading by striking ‘‘ITS’’ 
and inserting ‘‘intelligent transportation sys-
tems’’; and 
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(2) in subsection (a)(1) by striking ‘‘SAFETEA- 
LU’’ and inserting ‘‘American Energy and Infra-
structure Jobs Act of 2012’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 5 of title 23, United States Code, is amended by 
striking the item relating to section 512 and inserting the 
following: 
‘‘512. National intelligent transportation systems program plan.’’. 
SEC. 7015. USE OF FUNDS FOR INTELLIGENT TRANSPOR-
TATION SYSTEMS ACTIVITIES. 
(a) IN GENERAL.—Section 513 of title 23, United 
States Code, is amended— 
(1) in the section heading by striking ‘‘ITS’’ 
and inserting ‘‘intelligent transportation sys-
tems’’; and 
(2) in subsection (a) by striking ‘‘subtitle C of 
title V of the SAFETEA-LU’’ and inserting ‘‘section 
7001(a)(4) of the American Energy and Infrastruc-
ture Jobs Act of 2012’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 5 of title 23, United States Code, is amended by 
striking the item relating to section 513 and inserting the 
following: 
‘‘513. Use of funds for intelligent transportation systems activities.’’. 
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SEC. 7016. INTELLIGENT TRANSPORTATION SYSTEMS PRO-
GRAM GOALS AND PURPOSES. 
(a) IN GENERAL.—Chapter 5 of title 23, United States 
Code, is amended by adding at the end the following: 
‘‘§ 514. Intelligent transportation systems program 
goals and purposes 
‘‘(a) GOALS.—The goals of the intelligent transpor-
tation system program include— 
‘‘(1) enhancement of surface transportation effi-
ciency and facilitation of intermodalism and inter-
national trade to enable existing facilities to meet a 
significant portion of future transportation needs, in-
cluding public access to employment, goods, and serv-
ices, and to reduce regulatory, financial, and other 
transaction costs to public agencies and system users; 
‘‘(2) achievement of national transportation safe-
ty goals, including the enhancement of safe operation 
of motor vehicles and nonmotorized vehicles and im-
proved emergency response to a crash, with particular 
emphasis on decreasing the number and severity of 
collisions; 
‘‘(3) protection and enhancement of the natural 
environment and communities affected by surface 
transportation, with particular emphasis on assisting 
State and local governments to achieve national envi-
ronmental goals; 
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‘‘(4) accommodation of the needs of all users of 
surface transportation systems, including operators of 
commercial motor vehicles, passenger motor vehicles, 
motorcycles, and bicycles and pedestrians, including 
individuals with disabilities; and 
‘‘(5) improvement of the Nation’s ability to re-
spond to emergencies and natural disasters. 
‘‘(b) PURPOSES.—The Secretary shall implement ac-
tivities under the intelligent system transportation program 
to, at a minimum— 
‘‘(1) expedite, in both metropolitan and rural 
areas, deployment and integration of intelligent 
transportation systems for consumers of passenger 
and freight transportation; 
‘‘(2) ensure that Federal, State, and local trans-
portation officials have adequate knowledge of intel-
ligent transportation systems for consideration in the 
transportation planning process; 
‘‘(3) improve regional cooperation and oper-
ations planning for effective intelligent transportation 
system deployment; 
‘‘(4) promote the innovative use of private re-
sources; 
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‘‘(5) facilitate, in cooperation with the motor ve-
hicle industry, the introduction of vehicle-based safety 
enhancing systems; 
‘‘(6) support the application of intelligent trans-
portation systems that increase the safety and effi-
ciency of commercial motor vehicle operations; 
‘‘(7) develop a workforce capable of developing, 
operating, and maintaining intelligent transportation 
systems; and 
‘‘(8) provide continuing support for operations 
and maintenance of intelligent transportation sys-
tems.’’. 
(b) REPEAL.—Section 5303 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for 
Users is repealed. 
(c) CONFORMING
AMENDMENT.—The analysis for 
chapter 5 of title 23, United States Code, is amended by 
adding after the item relating to section 513 the following: 
‘‘514. Intelligent transportation systems program goals and purposes.’’. 
SEC. 7017. INTELLIGENT TRANSPORTATION SYSTEMS PRO-
GRAM GENERAL AUTHORITIES AND REQUIRE-
MENTS. 
(a) IN GENERAL.—Chapter 5 of title 23, United States 
Code, is further amended by adding at the end the following: 
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‘‘§ 515. Intelligent transportation systems program 
general authority and requirements 
‘‘(a) SCOPE.—Subject to the provisions of this chapter, 
the Secretary shall conduct an ongoing intelligent transpor-
tation system program to research, develop, and operation-
ally test intelligent transportation systems and to provide 
technical assistance in the nationwide application of those 
systems as a component of the surface transportation sys-
tems of the United States. 
‘‘(b) POLICY.—Intelligent transportation system re-
search projects and operational tests funded pursuant to 
this chapter shall encourage and not displace public-private 
partnerships or private sector investment in such tests and 
projects. 
‘‘(c) COOPERATION WITH GOVERNMENTAL, PRIVATE, 
AND EDUCATIONAL ENTITIES.—The Secretary shall carry 
out the intelligent transportation system program in co-
operation with State and local governments and other pub-
lic entities, private sector firms in the United States, Fed-
eral laboratories, and institutions of higher education, in-
cluding historically Black colleges and universities and 
other minority institutions of higher education. 
‘‘(d) CONSULTATION WITH FEDERAL OFFICIALS.—In 
carrying out the intelligent transportation system program, 
the Secretary shall consult with the heads of other Federal 
departments and agencies, as appropriate. 
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‘‘(e) TECHNICAL ASSISTANCE, TRAINING, AND INFOR-
MATION.—The Secretary may provide technical assistance, 
training, and information to State and local governments 
seeking to implement, operate, maintain, or evaluate intel-
ligent transportation system technologies and services. 
‘‘(f) TRANSPORTATION
PLANNING.—The Secretary 
may provide funding to support adequate consideration of 
transportation systems management and operations, in-
cluding intelligent transportation systems, within metro-
politan and statewide transportation planning processes. 
‘‘(g) INFORMATION CLEARINGHOUSE.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) maintain a repository for technical 
and safety data collected as a result of federally 
sponsored projects carried out under this chap-
ter; and 
‘‘(B) make, on request, that information 
(except for proprietary information and data) 
readily available to all users of the repository at 
an appropriate cost. 
‘‘(2) AGREEMENT.— 
‘‘(A) IN
GENERAL.—The Secretary may 
enter into an agreement with a third party for 
the maintenance of the repository for technical 
and safety data under paragraph (1)(A). 
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‘‘(B) FEDERAL FINANCIAL ASSISTANCE.—If 
the Secretary enters into an agreement with an 
entity for the maintenance of the repository, the 
entity shall be eligible for Federal financial as-
sistance under this section. 
‘‘(3) AVAILABILITY OF INFORMATION.—Informa-
tion in the repository shall not be subject to sections 
552 and 555 of title 5, United States Code. 
‘‘(h) INFRASTRUCTURE DEVELOPMENT.—Funds made 
available to carry out this chapter for operational tests— 
‘‘(1) shall be used primarily for the development 
of intelligent transportation system infrastructure; 
and 
‘‘(2) to the maximum extent practicable, shall 
not be used for the construction of physical highway 
and public transportation infrastructure unless the 
construction is incidental and critically necessary to 
the implementation of an intelligent transportation 
system project.’’. 
(b) REPEAL.—Sections 5304 and 5305 of the Safe, Ac-
countable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users are repealed. 
(c) CONFORMING
AMENDMENT.—The analysis for 
chapter 5 of title 23, United States Code, is further amended 
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by adding after the item relating to section 514 the fol-
lowing: 
‘‘515. Intelligent transportation systems program general authority and require-
ments.’’. 
SEC. 7018. INTELLIGENT TRANSPORTATION SYSTEMS RE-
SEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—Chapter 5 of title 23, United States 
Code, is further amended by adding at the end the following: 
‘‘§ 516. Intelligent transportation systems research 
and development 
‘‘(a) IN GENERAL.—The Secretary shall carry out a 
comprehensive program of intelligent transportation system 
research, development, and operational tests of intelligent 
vehicles and intelligent infrastructure systems and other 
similar activities that are necessary to carry out this chap-
ter. 
‘‘(b) PRIORITY AREAS.—Under the program, the Sec-
retary shall give higher priority to funding projects that— 
‘‘(1) enhance mobility and productivity through 
improved traffic management, incident management, 
transit 
management, 
freight 
management, 
road 
weather management, toll collection, traveler informa-
tion, or highway operations systems and remote sens-
ing products; 
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‘‘(2) utilize interdisciplinary approaches to de-
velop traffic management strategies and tools to ad-
dress multiple impacts of congestion concurrently; 
‘‘(3) address traffic management, incident man-
agement, transit management, toll collection traveler 
information, or highway operations systems; 
‘‘(4) incorporate research on the impact of envi-
ronmental, weather, and natural conditions on intel-
ligent transportation systems, including the effects of 
cold climates; 
‘‘(5) enhance intermodal use of intelligent trans-
portation systems for diverse groups, including for 
emergency and health-related services; 
‘‘(6) enhance safety through improved crash 
avoidance and protection, crash and other emergency 
personnel notification, commercial motor vehicle oper-
ations, and infrastructure-based or cooperative safety 
systems; and 
‘‘(7) facilitate the integration of intelligent infra-
structure, vehicle, and control technologies.’’. 
(b) REPEAL.—Section 5306 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for 
Users is repealed. 
(c) CONFORMING
AMENDMENT.—The analysis for 
chapter 5 of title 23, United States Code, is further amended 
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by adding after the item relating to section 515 the fol-
lowing: 
‘‘516. Intelligent transportation systems research and development.’’. 
SEC. 7019. INTELLIGENT TRANSPORTATION SYSTEMS NA-
TIONAL ARCHITECTURE AND STANDARDS. 
(a) IN GENERAL.—Chapter 5 of title 23, United States 
Code, is further amended by adding at the end the following: 
‘‘§ 517. Intelligent transportation systems national ar-
chitecture and standards 
‘‘(a) IN GENERAL.— 
‘‘(1) 
DEVELOPMENT, 
IMPLEMENTATION, 
AND 
MAINTENANCE.—Consistent with section 12(d) of the 
National Technology Transfer and Advancement Act 
of 1995 (15 U.S.C. 272 note; 110 Stat. 783), the Sec-
retary shall develop, implement, and maintain a na-
tional architecture and supporting standards and 
protocols to promote the widespread use and evalua-
tion of intelligent transportation system technology as 
a component of the surface transportation systems of 
the United States. 
‘‘(2) INTEROPERABILITY
AND
EFFICIENCY.—To 
the maximum extent practicable, the national archi-
tecture shall promote interoperability among, and ef-
ficiency of, intelligent transportation system tech-
nologies implemented throughout the United States. 
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‘‘(3) USE OF STANDARDS DEVELOPMENT ORGANI-
ZATIONS.—In carrying out this section, the Secretary 
shall use the services of such standards development 
organizations as the Secretary determines to be ap-
propriate. 
‘‘(b) PROVISIONAL STANDARDS.— 
‘‘(1) IN GENERAL.—If the Secretary finds that 
the development or balloting of an intelligent trans-
portation system standard jeopardizes the timely 
achievement of the objectives identified in subsection 
(a), the Secretary may establish a provisional stand-
ard, after consultation with affected parties, using, to 
the extent practicable, the work product of appro-
priate standards development organizations. 
‘‘(2) PERIOD OF EFFECTIVENESS.—A provisional 
standard established under paragraph (1) shall be 
published in the Federal Register and remain in effect 
until the appropriate standards development organi-
zation adopts and publishes a standard. 
‘‘(c) CONFORMITY WITH NATIONAL ARCHITECTURE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Secretary shall ensure that in-
telligent transportation system projects carried out 
using funds made available from the Highway Trust 
Fund, including funds made available under this 
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chapter, to deploy intelligent transportation system 
technologies conform to the national architecture, ap-
plicable standards or provisional standards, and pro-
tocols developed under subsection (a). 
‘‘(2) SECRETARY’S DISCRETION.—The Secretary 
may authorize exceptions to paragraph (1) for— 
‘‘(A) projects designed to achieve specific re-
search objectives outlined in the national intel-
ligent transportation system program plan or 
the surface transportation research and develop-
ment strategic plan developed under section 508; 
or 
‘‘(B) the upgrade or expansion of an intel-
ligent transportation system in existence on the 
date of enactment of the SAFETEA-LU if the 
Secretary determines that the upgrade or expan-
sion— 
‘‘(i) would not adversely affect the 
goals or purposes of this chapter; 
‘‘(ii) is carried out before the end of the 
useful life of such system; and 
‘‘(iii) is cost-effective as compared to 
alternatives that would meet the conformity 
requirement of paragraph (1). 
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‘‘(3) EXCEPTIONS.—Paragraph (1) shall not 
apply to funds used for operation or maintenance of 
an intelligent transportation system in existence on 
the date of enactment of the SAFETEA-LU. 
‘‘(d) STANDARD
DEFINED.—The term ‘standard’ 
means a document that— 
‘‘(1) contains technical specifications or other 
precise criteria for intelligent transportation systems 
that are to be used consistently as rules, guidelines, 
or definitions of characteristics so as to ensure that 
materials, products, processes, and services are fit for 
their purposes; and 
‘‘(2) may support the national architecture and 
promote— 
‘‘(A) the widespread use and adoption of in-
telligent transportation system technology as a 
component of the surface transportation systems 
of the United States; and 
‘‘(B) interoperability among intelligent 
transportation system technologies implemented 
throughout the States.’’. 
(b) REPEAL.—Section 5307 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for 
Users is repealed. 
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(c) CONFORMING
AMENDMENT.—The analysis for 
chapter 5 of title 23, United States Code, is further amended 
by adding after the item relating to section 516 the fol-
lowing: 
‘‘517. Intelligent transportation systems national architecture and standards.’’. 
SEC. 7020. NATIONAL UNIVERSITY TRANSPORTATION CEN-
TERS. 
Section 5505 of title 49, United States Code, and the 
item relating to such section in the analysis of chapter 55 
of such title, are repealed. 
SEC. 7021. UNIVERSITY TRANSPORTATION RESEARCH. 
Section 5506 of title 49, United States Code, is amend-
ed— 
(1) in subsection (b)(1) by inserting ‘‘that is con-
sistent with section 503 of title 23’’ after ‘‘applied re-
search’’; 
(2) in subsection (c)— 
(A) in the heading by striking ‘‘REGIONAL, 
TIER I, AND TIER II CENTERS’’ and inserting 
‘‘REGIONAL AND STANDARD CENTERS’’; 
(B) in paragraph (1)— 
(i) in the heading by striking ‘‘RE-
GIONAL AND TIER I CENTERS’’ and inserting 
‘‘REGIONAL AND STANDARD CENTERS’’; 
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(ii) in the matter preceding subpara-
graph (A) by striking ‘‘2005 through 2009’’ 
and inserting ‘‘2013 through 2016’’; and 
(iii) in subparagraph (B) by striking 
‘‘10 Tier I’’ and inserting ‘‘20 standard’’; 
(C) by striking paragraph (2); and 
(D) by redesignating paragraphs (3) and 
(4) as paragraphs (2) and (3), respectively; 
(3) in subsection (d) by adding at the end the 
following: 
‘‘(3) OPPORTUNITY ANNOUNCEMENT.— 
‘‘(A) PUBLIC DISCLOSURE.—All funding op-
portunities under this section shall be publically 
announced and shall be posted on the Depart-
ment of Transportation’s Web site and on 
Grants.gov. Any announcement shall, at a min-
imum, include a detailed description of how ap-
plications will be evaluated and a list of any 
specific research areas, educational objectives, or 
technology transfer objectives expected to be ad-
dressed by an application. 
‘‘(B) INPUT.—In developing an opportunity 
announcement under this paragraph, the Sec-
retary shall solicit the input of transportation 
stakeholders, including academic researchers, 
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State highway and transportation departments, 
local and regional governments, private indus-
try, the Administrator of the Research and Inno-
vative Technology Administration, and Adminis-
trators of other relevant Department of Trans-
portation agencies. 
‘‘(4) PROPOSAL REVIEW AND SELECTION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
make award decisions under subsection (c)(1) 
through a peer-reviewed, merit-based process. The 
Secretary may make grants to, and enter into 
cooperative agreements with, the National Acad-
emy of Sciences to carry out such activities 
under this paragraph as the Secretary deter-
mines are appropriate. 
‘‘(B) PEER-REVIEW.— 
‘‘(i) IN GENERAL.—The Secretary, act-
ing through the National Research Council 
of the National Academy of Sciences, shall 
establish a peer-review process in which all 
proposals shall be reviewed by an external 
committee of experts. 
‘‘(ii) SELECTION.—The external com-
mittee of experts shall be selected and con-
vened by the Transportation Research 
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Board of the National Research Council 
based on— 
‘‘(I) their specific knowledge of 
transportation research fields or their 
broad knowledge of transportation re-
search fields; 
‘‘(II) their knowledge of associated 
educational activities; 
‘‘(III) their broad knowledge of 
the community of transportation prac-
titioners; and 
‘‘(IV) to the extent possible, di-
verse representation within the review 
group. 
‘‘(iii) DUTIES.—The external com-
mittee of experts shall evaluate proposals 
based on the degree to which they advance 
the objectives in subsection (b), the selection 
criteria in paragraph (2) of this subsection, 
and any additional review criteria set forth 
in the opportunity announcements described 
in paragraph (3) of this subsection. 
‘‘(iv) REPORT.—The external com-
mittee of experts shall issue a report, pub-
lished and made available to the public by 
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the Transportation Research Board, sum-
marizing the evaluation process and ex-
plaining its findings. 
‘‘(v) COST.—The Secretary shall pay 
for any necessary expenses associated with 
peer-review with a portion of the funds as-
signed to the Research and Innovative Tech-
nology Administration for administration 
of this section. 
‘‘(C) 
SECRETARIAL
REVIEW.—The 
Sec-
retary, in consultation with the Administrator of 
the Research and Innovative Technology Admin-
istration and Administrators of any other rel-
evant Department of Transportation agencies, 
shall make final award decisions. The Sec-
retary’s decision shall consider— 
‘‘(i) the findings of the committee 
under subparagraph (B); 
‘‘(ii) the portfolio of other programs 
funded under this section; 
‘‘(iii) the objectives set forth in sub-
section (b); 
‘‘(iv) the criteria set forth in para-
graph (2); 
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‘‘(v) the details included in the oppor-
tunity announcement required under para-
graph (3); and 
‘‘(vi) other current proposals and pre-
viously funded proposals. 
‘‘(D) TRANSPARENCY.— 
‘‘(i) IN GENERAL.—The Secretary shall 
provide to each applicant of a proposal cop-
ies of reviews by the committee under sub-
paragraph (B) and any other materials 
used in the evaluation process (with any re-
viewer identifying information redacted) of 
the applicant’s proposal. 
‘‘(ii) PUBLIC AVAILABILITY.—The Sec-
retary shall make results of the review proc-
ess available to all applicants and to the 
public on the Department’s website. 
‘‘(iii) REPORT.—The Secretary shall 
issue a public report that includes, at a 
minimum— 
‘‘(I) the results of the peer-review 
process, including the findings of the 
committee under subparagraph (B); 
and 
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‘‘(II) the reasons for the Sec-
retary’s final decision, including a de-
scription of— 
‘‘(aa) the context in which 
the proposal was reviewed; and 
‘‘(bb) how the findings of the 
committee under subparagraph 
(B) were used in reaching the 
final decision.’’; 
(4) in subsection (e)— 
(A) in paragraph (1) by striking ‘‘March 
31, 2006, and not later than March 31st of every 
4th year thereafter’’ and inserting ‘‘180 days 
after the date of enactment of the American En-
ergy and Infrastructure Jobs Act of 2012, and 
every 4 years thereafter’’; 
(B) in paragraph (5)— 
(i) in subparagraph (B) by striking 
‘‘and’’; 
(ii) in subparagraph (C) by striking 
the period and adding ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(D) $3,500,000 for each of fiscal years 
2013 through 2016.’’; and 
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(C) by adding at the end the following: 
‘‘(6) RESEARCH REQUIREMENT.— 
‘‘(A) 
COMPREHENSIVE
TRANSPORTATION 
SAFETY.—The Secretary shall make a grant to 1 
of the 10 regional university transportation cen-
ters established under subsection (c) for the pur-
pose of furthering the objectives described in sub-
section (b) in the field of comprehensive trans-
portation safety. 
‘‘(B) INTELLIGENT
TRANSPORTATION
SYS-
TEMS.—The Secretary shall make a grant to 1 of 
the 10 regional university transportation centers 
established under subsection (c) (other than the 
center described in subparagraph (A)) for the 
purpose of furthering the objectives described in 
subsection (b) in the field of intelligent transpor-
tation systems. 
‘‘(7) COMPETITIVE
PROCESS.—The Secretary 
shall make award decisions through a competitive 
process that follows the requirements described in sub-
sections (d)(3) and (d)(4) and incorporates the addi-
tional selection criteria set forth in paragraph (2) of 
this subsection.’’; 
(5) in subsection (f)— 
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(A) by striking ‘‘TIER I’’ in the subsection 
heading and inserting ‘‘STANDARD’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘June 30, 2006, and 
not later than June 30 of every 4th year 
thereafter’’ and inserting ‘‘180 days after 
the date of enactment of the American En-
ergy and Infrastructure Jobs Act of 2012, 
and every 4 years thereafter’’; and 
(ii) by striking ‘‘10 Tier I’’ and insert-
ing ‘‘20 standard’’; 
(C) in paragraph (3) by striking ‘‘Tier I’’ 
and inserting ‘‘standard’’; and 
(D) in paragraph (5)— 
(i) by striking ‘‘$1,000,000’’ and in-
serting ‘‘$2,000,000’’; 
(ii) by striking ‘‘2005 through 2009’’ 
and inserting ‘‘2013 through 2016’’; and 
(iii) by striking ‘‘Tier I’’ and inserting 
‘‘standard’’; 
(6) by striking subsection (g) and redesignating 
subsections (h) through (m) as subsections (g) through 
(l), respectively; 
(7) in subsection (h) (as redesignated by para-
graph (5) of this section)— 
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(A) by striking ‘‘MAINTENANCE
OF EF-
FORT.—’’and all that follows through ‘‘In order 
to be’’ and inserting ‘‘MAINTENANCE
OF EF-
FORT.—In order to be’’; and 
(B) by striking paragraph (2); 
(8) in subsection (i) (as redesignated by para-
graph (5) of this section)— 
(A) by striking ‘‘50’’ and inserting ‘‘65’’; 
and 
(B) by striking ‘‘503’’ and inserting 
‘‘503A’’; and 
(9) by adding at the end the following: 
‘‘(m) ANNUAL REPORT.—The Secretary shall submit 
to the Committee on Science, Space, and Technology and 
the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate, and make avail-
able to the public on the Department’s Web site, an annual 
report on the university transportation center program 
under this section detailing the activities of the regional 
and standard centers during the previous year and how 
such activities reflect the priorities of the strategic plan re-
quired under section 508(a) of title 23.’’. 
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SEC. 7022. BUREAU OF TRANSPORTATION STATISTICS. 
Section 111 of title 49, United States Code, is amend-
ed— 
(1) in subsection (c) by striking paragraph (5) 
and inserting the following: 
‘‘(5) TRANSPORTATION
STATISTICS.—Collecting, 
compiling, analyzing, and publishing a comprehen-
sive set of transportation statistics on the performance 
and impacts of the national transportation system, 
including statistics on— 
‘‘(A) transportation safety across all modes 
and intermodally; 
‘‘(B) the state of good repair of United 
States transportation infrastructure; 
‘‘(C) the extent, connectivity, and condition 
of the transportation system, building on the na-
tional transportation atlas database developed 
under subsection (g); 
‘‘(D) economic efficiency across the entire 
transportation sector; 
‘‘(E) the effects of the transportation system 
on global and domestic economic competitiveness; 
‘‘(F) demographic, economic, and other 
variables influencing travel behavior, including 
choice of transportation mode and goods move-
ment; 
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‘‘(G) transportation-related variables that 
influence the domestic economy and global 
competiveness; 
‘‘(H) economic costs and impacts for pas-
senger travel and freight movement; 
‘‘(I) intermodal and multimodal passenger 
movement; and 
‘‘(J) consequences of transportation for the 
environment.’’; 
(2) by striking subsection (d) and inserting the 
following: 
‘‘(d) ACCESS TO FEDERAL DATA.—In carrying out 
subsection (c), the Director shall be provided access to all 
transportation and transportation-related information and 
data, including safety-related data, held by an agency of 
the Department of Transportation and, upon written re-
quest and subject to any statutory or regulatory restrictions, 
to all such data held by any other Federal Government 
agency, that is germane to carrying out subsection (c).’’; 
(3) in subsection (n) by striking ‘‘Mass Transit’’ 
and inserting ‘‘Alternative Transportation’’; and 
(4) in subsection (o)(2)— 
(A) in subparagraph (A) by inserting 
‘‘and’’ after the semicolon; 
(B) by striking subparagraph (B); and 
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(C) by redesignating subparagraph (C) as 
subparagraph (B). 
SEC. 7023. ADMINISTRATIVE AUTHORITY. 
Section 112 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(f) PROGRAM EVALUATION
AND OVERSIGHT.—For 
each of fiscal years 2013 through 2016, the Administrator 
may expend not more than 1 1⁄2 percent of the amounts 
authorized to be appropriated for the administration and 
operation of the Research and Innovative Technology Ad-
ministration to carry out the coordination, evaluation, and 
oversight of the programs administered by the Administra-
tion. 
‘‘(g) COLLABORATIVE
RESEARCH
AND
DEVELOP-
MENT.— 
‘‘(1) IN GENERAL.—To encourage innovative so-
lutions to multimodal transportation problems and 
stimulate the deployment of new technology, the Ad-
ministrator may carry out, on a cost-shared basis, 
collaborative research and development with— 
‘‘(A) non-Federal entities, including State 
and local governments, foreign governments, in-
stitutions of higher education, corporations, in-
stitutions, partnerships, sole proprietorships, and 
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trade associations that are incorporated or estab-
lished under the laws of any State; 
‘‘(B) Federal laboratories; and 
‘‘(C) other Federal agencies. 
‘‘(2) COOPERATION, GRANTS, CONTRACTS, AND 
AGREEMENTS.—Notwithstanding any other provision 
of law, the Administrator may directly initiate con-
tracts, grants, cooperative research and development 
agreements (as defined in section 12 of the Stevenson- 
Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3710a)), and other agreements to fund, and accept 
funds from, the Transportation Research Board of the 
National Research Council of the National Academy 
of Sciences, State departments of transportation, cit-
ies, counties, institutions of higher education, associa-
tions, and the agents of those entities to carry out 
joint transportation research and technology efforts. 
‘‘(3) FEDERAL SHARE.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Federal share of the cost of an ac-
tivity carried out under paragraph (2) shall not 
exceed 50 percent. 
‘‘(B) EXCEPTION.—If the Secretary deter-
mines that the activity is of substantial public 
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interest or benefit, the Secretary may approve a 
greater Federal share. 
‘‘(C) NON-FEDERAL SHARE.—All costs di-
rectly incurred by the non-Federal partners, in-
cluding personnel, travel, facility, and hardware 
development costs, shall be credited toward the 
non-Federal share of the cost of an activity de-
scribed in subparagraph (A). 
‘‘(4) USE OF TECHNOLOGY.—The research, devel-
opment, or use of a technology under a contract, 
grant, cooperative research and development agree-
ment, or other agreement entered into under this sub-
section, including the terms under which the tech-
nology may be licensed and the resulting royalties 
may be distributed, shall be subject to the Stevenson- 
Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3701 et seq.).’’. 
SEC. 7024. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) ADDITIONAL
REPEALS.—Sections 5308, 5309, 
5310, 5501, 5506, 5507, 5511, and 5513 of the Safe, Ac-
countable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users are repealed. 
(b) TABLE OF CONTENTS FOR SAFETEA-LU.—The 
table of contents for the Safe, Accountable, Flexible, Effi-
cient Transportation Equity Act: A Legacy for Users is 
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amended by striking the items relating to sections 5303 
through 5310, 5501, 5506, 5507, 5511, and 5513. 
(c) CONFORMING AMENDMENT.—Section 6010(c) of the 
Safe, Accountable, Flexible, Efficient Transportation Eq-
uity Act: A Legacy for Users (23 U.S.C. 512 note) is 
amended by striking ‘‘subtitle C of title V of this Act’’ and 
inserting ‘‘section 501 of title 23, United States Code’’. 
TITLE VIII—RAILROADS 
Subtitle A—Repeals and Reforms of 
Intercity Passenger Rail Capital 
Grant Programs 
SEC. 8001. CAPITAL GRANTS FOR CLASS II AND CLASS III 
RAILROADS. 
Chapter 223 of title 49, United States Code, and the 
item relating thereto in the table of chapters for subtitle V 
of such title, are repealed. 
SEC. 8002. CONGESTION GRANTS. 
Section 24105 of title 49, United States Code, and the 
item relating thereto in the table of sections for chapter 241 
of such title, are repealed. 
SEC. 8003. INTERCITY PASSENGER RAIL CAPITAL GRANTS 
TO STATES. 
(a) AMENDMENTS.—Section 24402 of title 49, United 
States Code, is amended— 
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(1) in the section heading, by striking ‘‘Cap-
ital investment grants to support intercity 
passenger rail service’’ and inserting ‘‘Inter-
city passenger rail capital grants to 
States’’; 
(2) by striking subsection (b); 
(3) by redesignating subsections (c) through (l) 
as subsections (b) through (k), respectively; 
(4) in subsection (b)(1)(D), as so redesignated by 
paragraph (3) of this subsection, by striking ‘‘that if 
an applicant has selected the proposed operator of its 
service competitively, that the applicant provide’’ and 
inserting ‘‘that the applicant shall select the proposed 
operator of its service competitively, and that the ap-
plicant shall provide’’; 
(5) in subsection (b)(2)(B), as so redesignated by 
paragraph (3) of this subsection— 
(A) by inserting ‘‘and’’ at the end of clause 
(ii); and 
(B) by inserting ‘‘and’’ at the end of clause 
(iii); and 
(C) by striking clauses (iv) and (v); 
(6) in subsection (c), as so redesignated by para-
graph (3) of this subsection, by striking ‘‘subsection 
(c)(1)(A)’’ and inserting ‘‘subsection (b)(1)(A)’’; 
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(7) in subsection (d), as so redesignated by para-
graph (3) of this subsection, by striking ‘‘subsection 
(g)’’ and inserting ‘‘subsection (f)’’; 
(8) in subsection (e)(2), as so redesignated by 
paragraph (3) of this subsection, by striking ‘‘sub-
section (c)’’ and inserting ‘‘subsection (b)’’; 
(9) in subsection (f), as so redesignated by para-
graph (3) of this subsection, by striking paragraphs 
(3) and (4); and 
(10) in subsection (g), as so redesignated by 
paragraph (3) of this subsection, by amending the sec-
ond sentence to read as follows: ‘‘If any amount pro-
vided as a grant under this section is not obligated 
within 3 years after the date on which the State is 
awarded the grant, such amount shall be rescinded 
and deposited to the general fund of the Treasury, 
where such amount shall be dedicated for the sole pur-
pose of deficit reduction and prohibited from use as 
an offset for other spending increases or revenue re-
ductions.’’. 
(b) CONFORMING AMENDMENT.—The item relating to 
section 24402 in the table of sections for chapter 244 of title 
49, United States Code, is amended to read as follows: 
‘‘24402. Intercity passenger rail capital grants to States.’’. 
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Subtitle B—Amtrak Reforms 
SEC. 8101. AUTHORIZATION FOR AMTRAK OPERATING EX-
PENSES. 
Section 101(a) of the Passenger Rail Investment and 
Improvement Act of 2008 (Division B of Public Law 110– 
432, 122 Stat. 4908) is amended— 
(1) 
in 
paragraph 
(4), 
by 
striking 
‘‘$616,000,000’’ and inserting ‘‘$466,000,000’’; and 
(2) 
in 
paragraph 
(5), 
by 
striking 
‘‘$631,000,000’’ and inserting ‘‘$473,250,000’’. 
SEC. 8102. LIMITATIONS ON AMTRAK AUTHORITY. 
Section 24305 of title 49, United States Code, is 
amended by adding at the end the following new subsection: 
‘‘(g) LIMITATIONS ON USE OF FEDERAL FUNDS.— 
‘‘(1) LIMITATIONS.—Amtrak may not use any 
Federal funds for the following purposes: 
‘‘(A) Hiring or contracting with any out-
side legal professional for the purpose of filing, 
litigating, or otherwise pursuing any cause of 
action in a Federal or State court against a pas-
senger rail service provider. 
‘‘(B) Filing, litigating, or otherwise pur-
suing in any Federal or State court any cause 
of action against a passenger rail service pro-
vider arising from a competitive bid process in 
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which Amtrak and the passenger rail service pro-
vider participated. 
‘‘(2) DEFINITIONS.—For the purposes of this 
subsection— 
‘‘(A) the term ‘outside legal professional’ 
means any individual, corporation, partnership, 
limited liability corporation, limited liability 
partnership, or other private entity in the busi-
ness of providing legal services that is not em-
ployed on a full-time basis solely by Amtrak; 
and 
‘‘(B) the term ‘passenger rail service pro-
vider’ means any company, partnership, or other 
public or private entity that operates passenger 
rail service or bids to operate passenger rail 
service in a competitive process.’’. 
SEC. 8103. APPLICABILITY OF LAWS. 
(a) TITLE 18 VIOLATIONS.—For purposes of sections 
286, 287, 371, 641, 1001, and 1002 of title 18, United 
States Code, and, with respect to audits conducted by the 
Amtrak Office of the Inspector General, for purposes of sec-
tion 1516 of such title, Amtrak and the Amtrak Office of 
the Inspector General shall be considered to be agencies of 
the United States Government. 
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(b) FALSE CLAIMS.—Claims made or presented to Am-
trak shall be considered as claims under section 
3729(b)(2)(A)(ii) of title 31, United States Code, and state-
ments made or presented to Amtrak shall be considered as 
statements under section 3729(a)(1)(B) and (G) of title 31, 
United States Code. 
(c) LIMITATION.—Subsections (a) and (b) shall be ef-
fective only with respect to a fiscal year for which Amtrak 
receives a Federal subsidy. 
SEC. 8104. INSPECTOR GENERAL OF AMTRAK. 
(a) IN GENERAL.—Chapter 243 is amended by insert-
ing after section 24316 the following: 
‘‘§ 24317. Inspector General 
‘‘(a) INVESTIGATION AUTHORITY.—The Inspector Gen-
eral of Amtrak shall have all authority available to other 
Inspectors General, as necessary in carrying out the duties 
specified in the Inspector General Act 1978 (5 U.S.C. App. 
3), to investigate any alleged violation of section 286, 287, 
371, 641, 1001, or 1002 of title 18, and, with respect to 
audits conducted by the Amtrak Office of the Inspector Gen-
eral, any violation of section 1516 of such title. 
‘‘(b) SERVICES FROM GENERAL SERVICES ADMINIS-
TRATION.—The Inspector General of Amtrak may obtain 
from the Administrator of General Services, and the Ad-
ministrator shall provide to the Inspector General, services 
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under sections 502(a) and 602 of title 40, including travel 
programs. 
‘‘(c) QUALIFIED IMMUNITY.— 
‘‘(1) IN GENERAL.—An employee of the Amtrak 
Office of Inspector General shall enjoy the same per-
sonal qualified immunity from lawsuit or liability as 
the employees of other inspectors general that operate 
under authority of the Inspector General Act of 1978 
with respect to the performance of investigative, 
audit, or inspection functions authorized under that 
Act that are carried out for the Amtrak Office of In-
spector General. 
‘‘(2) FEDERAL GOVERNMENT LIABILITY.—No li-
ability of any kind shall attach to or rest upon the 
United States for any damages from or by any ac-
tions of the Amtrak Office of Inspector General, its 
employees, agents, or representatives.’’. 
(b) CONFORMING AMENDMENT.—The table of sections 
for chapter 243 is amended by inserting after the item relat-
ing to section 24316 the following: 
‘‘24317. Inspector General.’’. 
SEC. 8105. AMTRAK MANAGEMENT ACCOUNTABILITY. 
Section 24310 is amended to read as follows: 
‘‘§ 24310. Management accountability 
‘‘(a) IN GENERAL.—Promptly after the date of enact-
ment of the American Energy and Infrastructure Jobs Act 
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of 2012, and again not later than 5 years after the date 
of enactment of the Passenger Rail Investment and Im-
provement Act of 2008, the Inspector General of the Depart-
ment of Transportation shall complete an overall assess-
ment of the progress made by the Department of Transpor-
tation, and the Inspector General of Amtrak shall complete 
an overall assessment of the progress made by Amtrak man-
agement, in implementing the provisions of the Passenger 
Rail Investment and Improvement Act of 2008. 
‘‘(b) ASSESSMENT.—The management assessment un-
dertaken by the Amtrak Inspector General may include a 
review of— 
‘‘(1) effectiveness in improving annual financial 
planning; 
‘‘(2) effectiveness in implementing improved fi-
nancial accounting; 
‘‘(3) efforts to implement minimum train per-
formance standards; 
‘‘(4) progress maximizing revenues, minimizing 
Federal subsidies, and improving financial results; 
and 
‘‘(5) any other aspect of Amtrak operations the 
Amtrak Inspector General finds appropriate to re-
view.’’. 
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SEC. 8106. AMTRAK FOOD AND BEVERAGE SERVICE. 
(a) AUTHORITY.—Section 24305(c)(4) of title 49, 
United States Code, is amended by striking ‘‘only if reve-
nues from the services each year at least equal the cost of 
providing the services’’ and inserting ‘‘only as provided in 
subsection (h)’’. 
(b) PROCEDURES.—Section 24305 of title 49, United 
States Code, is further amended by adding at the end the 
following new subsection: 
‘‘(h) FOOD AND BEVERAGE SERVICE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (6), food and beverage service may be provided 
on Amtrak trains only by a bidder selected by the 
Federal Railroad Administration under paragraph 
(5). The Federal Railroad Administration may con-
sult with and obtain assistance from the General 
Services Administration in carrying out this sub-
section. 
‘‘(2) REQUESTS
FOR
PROPOSALS.—Not later 
than 60 days after the date of enactment of this sub-
section, the Federal Railroad Administration shall 
issue separate requests for proposals for provision of 
food and beverage service on Amtrak trains on the na-
tional rail passenger transportation system for each 
of subparagraphs (A) through (D) of section 24102(5). 
‘‘(3) DEADLINES.— 
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‘‘(A) SUBMITTAL
OF
BIDS.—Bids for the 
provision of food and beverage service on Amtrak 
trains pursuant to the requests for proposals 
issued under paragraph (2) shall be submitted to 
the Federal Railroad Administration not later 
than 60 days after the issuance of the relevant 
request for proposals. 
‘‘(B) SELECTION
OF
WINNING
BIDS.—The 
Federal Railroad Administration shall select 
winning bidders pursuant to paragraph (5) not 
later than 90 days after the issuance of the rel-
evant request for proposals. 
‘‘(4) AMTRAK
PARTICIPATION.—Amtrak may 
participate in the bidding pursuant to a request for 
proposals issued under paragraph (2). 
‘‘(5) SELECTION
OF
PROVIDERS.—The Federal 
Railroad Administration shall select for the provision 
of food and beverage service on Amtrak trains the 
qualified bidder responding to the request for pro-
posals issued under paragraph (2) whose bid would 
result in the lowest cost, or the greatest source of rev-
enue, to Amtrak. 
‘‘(6) EXEMPTION.—If no qualified bidder re-
sponds to the request for proposals issued under para-
graph (2), Amtrak, after transmitting to the Federal 
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Railroad Administration and the Congress an expla-
nation of the reasons for the need of an exemption, 
may request from the Federal Railroad Administra-
tion, and the Federal Railroad Administration may 
grant, an exemption from the limitations under this 
subsection. 
‘‘(7) SUBSIDY
FOR
NET
LOSS.—The Federal 
Railroad Administration shall provide directly to the 
entity providing food and beverage service on Amtrak 
trains any portion of appropriations for Amtrak nec-
essary to cover a net loss resulting from the provision 
of such service, but only to the extent that such net 
loss was anticipated in the bid selected.’’. 
SEC. 8107. APPLICATION OF BUY AMERICA TO AMTRAK. 
Section 24305(f) of title 49, United States Code, is 
amended by adding at the end the following new para-
graphs: 
‘‘(5) The requirements of this subsection apply to all 
contracts for a project carried out within the scope of the 
applicable finding, determination, or decision under the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), regardless of the funding source of such con-
tracts, if at least one contract for the project is funded with 
amounts made available to carry out this title. 
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‘‘(6) If the Secretary receives a request for an exemp-
tion under this subsection, the Secretary shall provide no-
tice of and an opportunity for public comment on the re-
quest at least 30 days before making a finding based on 
the request. Such a notice shall include the information 
available to the Secretary concerning the request and shall 
be provided by electronic means, including on the official 
public Internet Web site of the Department of Transpor-
tation. If the Secretary grants an exemption under this sub-
section, the Secretary shall publish in the Federal Register 
a detailed justification for the exemption that addresses the 
public comments received under this paragraph and shall 
ensure that such justification is published before the exemp-
tion takes effect.’’. 
Subtitle C—Project Development 
and Review 
SEC. 8201. PROJECT DEVELOPMENT AND REVIEW. 
(a) AMENDMENT.—Part B of subtitle V of title 49, 
United States Code, is amended by adding at the end the 
following new chapter: 
‘‘CHAPTER 229—PROJECT DEVELOPMENT 
AND REVIEW 
‘‘Sec. 
‘‘22901. Applicability. 
‘‘22902. Definitions. 
‘‘22903. Efficient environmental reviews for rail project decisionmaking. 
‘‘22904. Integration of planning and environmental review. 
‘‘22905. Program for eliminating duplication of environmental reviews. 
‘‘22906. Railroad corridor preservation. 
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‘‘22907. Treatment of railroads for historic preservation. 
‘‘22908. Categorical exclusion. 
‘‘22909. State assumption of responsibility for categorical exclusions. 
‘‘22910. Rail project delivery program. 
‘‘22911. Exemption in emergencies. 
‘‘§ 22901. Applicability 
‘‘The provisions of this chapter— 
‘‘(1) shall be applicable to any freight or inter-
city passenger rail capital project that is carried out 
or planned to be carried out with the use of Federal 
funds administered by the Federal Railroad Adminis-
tration through a grant, contract, loan, or other fi-
nancing instrument; 
‘‘(2) shall be broadly construed; and 
‘‘(3) may be applied by the Secretary to any 
class or program of such projects. 
‘‘§ 22902. Definitions 
‘‘In this chapter, the following definitions apply: 
‘‘(1) AGENCY.—The term ‘agency’ means any 
agency, department, or other unit of Federal, State, 
local, or Indian tribal government. 
‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.—The 
term ‘environmental impact statement’ means the de-
tailed statement of environmental impacts required to 
be prepared under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(3) ENVIRONMENTAL LAW.—The term ‘environ-
mental law’ includes any law that provides proce-
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dural or substantive protection, as applicable, for the 
natural or built environment with regard to the con-
struction and operation of transportation projects. 
‘‘(4) ENVIRONMENTAL REVIEW PROCESS.— 
‘‘(A) IN
GENERAL.—The term ‘environ-
mental review process’ means the process for pre-
paring for a rail project an environmental im-
pact statement, environmental assessment, cat-
egorical exclusion, or other document prepared 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
‘‘(B) 
INCLUSIONS.—The 
term 
‘environ-
mental review process’ includes the process for 
and completion of any environmental permit, 
approval, review, or study required for a rail 
project under any Federal law other than the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
‘‘(5) FEDERAL
ENVIRONMENTAL
LAWS.—The 
term ‘Federal environmental laws’ means Federal 
laws governing the review, including through the 
issuance of permits and other approvals of environ-
mental impacts of, the construction and operation of 
transportation projects. Such term includes section 
102(2)(C) of the National Environmental Policy Act 
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of 1969 (42 U.S.C. 4332(2)(C)), section 404 of the 
Federal Water Pollution Control Act (33 U.S.C. 
1344), section 106 of the National Historic Preserva-
tion Act (16 U.S.C. 470f), and sections 7(a)(2), 
9(a)(1)(B), and 10(a)(1)(B) of the Endangered Spe-
cies 
Act 
of 
1973 
(16 
U.S.C. 
1536(a)(2), 
1538(a)(1)(B), 1539(a)(1)(B)). 
‘‘(6) FEDERAL LEAD AGENCY.—The term ‘Fed-
eral lead agency’ means the Department of Transpor-
tation. 
‘‘(7) JOINT LEAD AGENCY.—The term ‘joint lead 
agency’ means an agency designated as a joint lead 
agency as described in paragraph (1) or (2) of section 
22903(b). 
‘‘(8) LEAD
AGENCY.—The term ‘lead agency’ 
means the Department of Transportation and, if ap-
plicable, any joint lead agency. 
‘‘(9) PLANNING PRODUCT.—The term ‘planning 
product’ means any decision, analysis, study, or other 
documented result of an evaluation or decisionmaking 
process carried out during rail and transportation 
planning. 
‘‘(10) PROJECT
SPONSOR.—The term ‘project 
sponsor’ means the State agency or other entity, in-
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cluding any private or public-private entity, that 
seeks approval of the Secretary for a rail project. 
‘‘(11) RAIL PROJECT.—The term ‘rail project’ 
means any freight or intercity passenger rail capital 
project that is carried out or is planned to be carried 
out with the use of Federal funds administered by the 
Federal Railroad Administration through a grant, 
contract, loan, or other financing instrument. 
‘‘(12) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Transportation. 
‘‘(13) STATE.—The term ‘State’ has the meaning 
given that term in section 22701(3). 
‘‘(14) STATE TRANSPORTATION DEPARTMENT.— 
The term ‘State transportation department’ means 
any statewide agency of a State with responsibility 
for one or more modes of transportation. 
‘‘§ 22903. Efficient environmental reviews for rail 
project decisionmaking 
‘‘(a) APPLICABILITY.— 
‘‘(1) IN GENERAL.—The project development pro-
cedures in this section are applicable to all rail 
projects for which an environmental impact statement 
is prepared under the National Environmental Policy 
Act of 1969 and may be applied, to the extent deter-
mined appropriate by the Secretary, to other rail 
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projects for which an environmental document is pre-
pared as part of an environmental review process. 
‘‘(2) FLEXIBILITY.—Any authorities granted in 
this section may be exercised, and any requirements 
established in this section may be satisfied, for a rail 
project, class of projects, or program of rail projects. 
‘‘(3) FUNDING
THRESHOLD.—The Secretary’s 
approval of a rail project involving Federal funds 
shall not be considered a Federal action for the pur-
poses of the National Environmental Policy Act of 
1969 if the Federal funding share— 
‘‘(A) constitutes 15 percent or less of the 
total estimated project costs; or 
‘‘(B) is less than $10,000,000. 
‘‘(4) PROGRAMMATIC COMPLIANCE.—At the re-
quest of a State, the Secretary may modify the proce-
dures developed under this section to encourage pro-
grammatic approaches and strategies with respect to 
environmental programs and permits (in lieu of 
project-by-project reviews). 
‘‘(b) LEAD AGENCIES.— 
‘‘(1) IN GENERAL.—If the rail project requires 
approval from more than one modal administration 
within the Department of Transportation, the Sec-
retary shall designate a single modal administration 
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to serve as the Federal lead agency for the Depart-
ment in the environmental review process for the 
project. 
‘‘(2) JOINT LEAD AGENCIES.—Nothing in this 
section precludes another agency from being a joint 
lead agency in accordance with regulations under the 
National Environmental Policy Act of 1969. 
‘‘(3) PROJECT SPONSOR AS JOINT LEAD AGEN-
CY.—Any project sponsor that is a State or local gov-
ernmental entity applying to receive or receiving Fed-
eral funds for the rail project shall serve as a joint 
lead agency with the Department of Transportation 
for purposes of preparing any environmental docu-
ment under the National Environmental Policy Act of 
1969 and may prepare any such environmental docu-
ment required in support of any action or approval 
by the Secretary if the Federal lead agency furnishes 
guidance in such preparation and independently 
evaluates such document and the document is ap-
proved and adopted by the Secretary prior to the Sec-
retary taking any subsequent action or making any 
approval based on such document, whether or not the 
Secretary’s action or approval results in Federal 
funding. 
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‘‘(4) ENSURING
COMPLIANCE.—The Secretary 
shall ensure that a project sponsor complies with all 
design and mitigation commitments made jointly by 
the Secretary and the project sponsor in any environ-
mental document prepared by the project sponsor in 
accordance with this subsection, and that such docu-
ment is appropriately supplemented if rail project 
changes become necessary. 
‘‘(5) ADOPTION AND USE OF DOCUMENTS.—Any 
environmental document prepared in accordance with 
this subsection shall be adopted and used by any Fed-
eral agency in making any approval of a rail project 
as the document required to be completed under the 
National Environmental Policy Act of 1969. 
‘‘(6) ROLES
AND
RESPONSIBILITY
OF
LEAD 
AGENCY.—With respect to the environmental review 
process for any rail project, the lead agency shall have 
authority and responsibility— 
‘‘(A) to take such actions as are necessary 
and proper, within the authority of the lead 
agency, to facilitate the expeditious resolution of 
the environmental review process for the rail 
project; and 
‘‘(B) to prepare or ensure that any required 
environmental impact statement or other docu-
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ment required to be completed under the Na-
tional Environmental Policy Act of 1969 is com-
pleted in accordance with this section and other 
applicable Federal law. 
‘‘(c) PARTICIPATING AGENCIES.— 
‘‘(1) IN GENERAL.—The lead agency shall be re-
sponsible for inviting and designating participating 
agencies in accordance with this subsection. 
‘‘(2) INVITATION.—The lead agency shall iden-
tify, as early as practicable in the environmental re-
view process for a rail project, any other Federal and 
non-Federal agencies that may have an interest in the 
rail project, and shall invite such agencies to become 
participating agencies in the environmental review 
process for the rail project. The invitation shall set a 
deadline for responses to be submitted. The deadline 
may be extended by the lead agency for good cause. 
‘‘(3) FEDERAL PARTICIPATING AGENCIES.—Any 
Federal agency that is invited by the lead agency to 
participate in the environmental review process for a 
rail project shall be designated as a participating 
agency by the lead agency unless the invited agency 
informs the lead agency, in writing, by the deadline 
specified in the invitation that the invited agency— 
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‘‘(A) has no jurisdiction or authority with 
respect to the rail project; 
‘‘(B) has no expertise or information rel-
evant to the rail project; and 
‘‘(C) does not intend to submit comments on 
the rail project. 
‘‘(4) EFFECT OF DESIGNATION.— 
‘‘(A) 
REQUIREMENT.—A 
participating 
agency shall comply with the requirements of 
this section and any schedule established under 
this section. 
‘‘(B) IMPLICATION.—Designation as a par-
ticipating agency under this subsection shall not 
imply that the participating agency— 
‘‘(i) supports a proposed rail project; 
or 
‘‘(ii) has any jurisdiction over, or spe-
cial expertise with respect to evaluation of, 
the rail project. 
‘‘(5) COOPERATING
AGENCY.—A participating 
agency may also be designated by a lead agency as 
a ‘cooperating agency’ under the regulations con-
tained in part 1500 of title 40, Code of Federal Regu-
lations. 
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‘‘(6) DESIGNATIONS FOR CATEGORIES OF RAIL 
PROJECTS.—The Secretary may exercise the authori-
ties granted under this subsection for a rail project, 
class of rail projects, or program of rail projects. 
‘‘(7) CONCURRENT
REVIEWS.—Each partici-
pating agency and cooperating agency shall— 
‘‘(A) carry out obligations of that agency 
under other applicable law concurrently, and in 
conjunction, with the review required under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); and 
‘‘(B) formulate and implement administra-
tive, policy, and procedural mechanisms to en-
able the agency to ensure completion of the envi-
ronmental review process in a timely, coordi-
nated, and environmentally responsible manner. 
‘‘(d) RAIL PROJECT INITIATION.—The project sponsor 
shall notify the Secretary of the type of work, length, and 
general location of the proposed rail project, together with 
a statement of any Federal approvals anticipated to be nec-
essary for the proposed rail project, for the purpose of in-
forming the Secretary that the environmental review process 
should be initiated. The project sponsor may satisfy this 
requirement by submitting to the Secretary a draft notice 
for publication in the Federal Register announcing the 
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preparation of an environmental impact statement for the 
rail project. 
‘‘(e) PURPOSE AND NEED.— 
‘‘(1) PARTICIPATION.—As early as practicable 
during the environmental review process, the lead 
agency shall provide an opportunity for involvement 
by participating agencies and the public in defining 
the purpose and need for a rail project. 
‘‘(2) 
DEFINITION.—Following 
participation 
under paragraph (1), the lead agency shall define the 
rail project’s purpose and need for purposes of any 
document which the lead agency is responsible for 
preparing for the rail project. 
‘‘(3) OBJECTIVES.—The statement of purpose 
and need shall include a clear statement of the objec-
tives that the proposed action is intended to achieve, 
which may include— 
‘‘(A) achieving a transportation objective 
identified in an applicable rail or transportation 
plan; 
‘‘(B) supporting land use, economic develop-
ment, or growth objectives established in applica-
ble Federal, State, local, or tribal plans; 
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‘‘(C) serving national defense, national se-
curity, or other national objectives, as established 
in Federal laws, plans, or policies; and 
‘‘(D) serving the purpose for which the ap-
plicable grant, contract, loan, or other financing 
program was established. 
‘‘(4) ALTERNATIVES ANALYSIS.— 
‘‘(A) PARTICIPATION.—As early as prac-
ticable during the environmental review process, 
the lead agency shall provide an opportunity for 
involvement by participating agencies and the 
public in determining the range of alternatives 
to be considered for a rail project. 
‘‘(B) RANGE OF ALTERNATIVES.— 
‘‘(i) IN GENERAL.—Following partici-
pation under paragraph (1), the lead agen-
cy shall determine the range of alternatives 
for consideration in any document which 
the lead agency is responsible for preparing 
for the rail project. 
‘‘(ii) RESTRICTION.—A Federal agency 
may not require the evaluation of any alter-
native that was evaluated, but not adopt-
ed— 
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‘‘(I) in any prior State or Federal 
environmental document with regard 
to the applicable transportation or rail 
plan or program; or 
‘‘(II) after the preparation of a 
programmatic or tiered environmental 
document that evaluated alternatives to 
the rail project. 
‘‘(iii) LEGAL SUFFICIENCY.—The eval-
uation of the range of alternatives shall be 
deemed legally sufficient if the environ-
mental document complies with the require-
ments of this paragraph. 
‘‘(C) METHODOLOGIES.— 
‘‘(i) IN
GENERAL.—The lead agency 
also shall determine, after consultation with 
participating agencies as part of the 
scoping process, the methodologies to be used 
and the level of detail required in the anal-
ysis of each alternative for a rail project. 
‘‘(ii) COMMENTS.—Each participating 
agency shall limit comments on such meth-
odologies to those issues that are within the 
authority and expertise of such partici-
pating agency. 
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‘‘(iii) STUDIES.—The lead agency may 
not conduct studies proposed by any par-
ticipating agency that are not within the 
authority or expertise of such participating 
agency. 
‘‘(D) PREFERRED
ALTERNATIVE.—At the 
discretion of the lead agency, the preferred alter-
native for a rail project, after being identified, 
may be developed to a higher level of detail than 
other alternatives in order to facilitate the devel-
opment of mitigation measures or concurrent 
compliance with other applicable laws if the lead 
agency determines that the development of such 
higher level of detail will not prevent the lead 
agency from making an impartial decision as to 
whether to accept another alternative which is 
being considered in the environmental review 
process. 
‘‘(E) LIMITATIONS ON THE EVALUATION OF 
IMPACTS EVALUATED IN PRIOR ENVIRONMENTAL 
DOCUMENTS.— 
‘‘(i) IN
GENERAL.—The lead agency 
may not reevaluate, and a Federal agency 
may not require the reevaluation of, cumu-
lative impacts or growth-inducing impacts 
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where such impacts were previously evalu-
ated in— 
‘‘(I) a rail transportation plan or 
program; 
‘‘(II) a prior environmental docu-
ment approved by the Secretary; or 
‘‘(III) a prior State environ-
mental document approved pursuant to 
a State law that is substantially equiv-
alent to section 102(2)(C) of the Na-
tional Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(C)). 
‘‘(ii) LEGAL SUFFICIENCY.—The eval-
uation of cumulative impacts and growth 
inducing impacts shall be deemed legally 
sufficient if the environmental document 
complies with the requirements of this para-
graph. 
‘‘(5) EFFECTIVE DECISIONMAKING.— 
‘‘(A) CONCURRENCE.—At the discretion of 
the lead agency, a participating agency shall be 
presumed to concur in the determinations made 
by the lead agency under this subsection unless 
the participating agency submits an objection to 
the lead agency in writing within 30 days after 
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receiving notice of the lead agency’s determina-
tion and specifies the statutory basis for the ob-
jection. 
‘‘(B) ADOPTION OF DETERMINATION.—If the 
participating agency concurs or does not object 
within the 30-day period, the participating 
agency shall adopt the lead agency’s determina-
tion for purposes of any reviews, approvals, or 
other actions taken by the participating agency 
as part of the environmental review process for 
the rail project. 
‘‘(f) COORDINATION AND SCHEDULING.— 
‘‘(1) COORDINATION PLAN.— 
‘‘(A) IN GENERAL.—The lead agency shall 
establish a rail plan for coordinating public and 
agency participation in and comment on the en-
vironmental review process for a rail project, 
category of rail projects, or program of rail 
projects. The coordination plan may be incor-
porated into a memorandum of understanding. 
‘‘(B) SCHEDULE.— 
‘‘(i) IN
GENERAL.—The lead agency 
may establish as part of the coordination 
plan, after consultation with each partici-
pating agency for the rail project and with 
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each State in which the rail project is lo-
cated (and, if the State is not the project 
sponsor, with the project sponsor), a sched-
ule for completion of the environmental re-
view process for the rail project. 
‘‘(ii) FACTORS FOR CONSIDERATION.— 
In establishing the schedule, the lead agency 
shall consider factors such as— 
‘‘(I) the responsibilities of partici-
pating agencies under applicable laws; 
‘‘(II) resources available to the co-
operating agencies; 
‘‘(III) overall size and complexity 
of the rail project; 
‘‘(IV) the overall schedule for and 
cost of the rail project; and 
‘‘(V) the sensitivity of the natural 
and historic resources that could be af-
fected by the rail project. 
‘‘(C) CONSISTENCY WITH OTHER TIME PERI-
ODS.—A schedule under subparagraph (B) shall 
be consistent with any other relevant time peri-
ods established under Federal law. 
‘‘(D) 
MODIFICATION.—The 
lead 
agency 
may— 
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‘‘(i) lengthen a schedule established 
under subparagraph (B) for good cause; and 
‘‘(ii) shorten a schedule only with the 
concurrence of the affected cooperating agen-
cies. 
‘‘(E) DISSEMINATION.—A copy of a sched-
ule established under subparagraph (B), and of 
any modifications to the schedule, shall be— 
‘‘(i) provided to all participating agen-
cies and to the State transportation depart-
ment of each State in which the rail project 
is located (and, if the State is not the 
project sponsor, to the project sponsor); and 
‘‘(ii) made available to the public. 
‘‘(2) COMMENT
DEADLINES.—The lead agency 
shall establish the following deadlines for comment 
during the environmental review process for a rail 
project: 
‘‘(A) For comments by agencies and the 
public on a draft environmental impact state-
ment, a period of not more than 60 days after 
publication in the Federal Register of notice of 
the date of public availability of such document, 
unless— 
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‘‘(i) a different deadline is established 
by agreement of the lead agency, the project 
sponsor, and all participating agencies; or 
‘‘(ii) the deadline is extended by the 
lead agency for good cause. 
‘‘(B) For all other comment periods estab-
lished by the lead agency for agency or public 
comments in the environmental review process, a 
period of no more than 30 days from availability 
of the materials on which comment is requested, 
unless— 
‘‘(i) a different deadline is established 
by agreement of the lead agency, the project 
sponsor, and all participating agencies; or 
‘‘(ii) the deadline is extended by the 
lead agency for good cause. 
‘‘(3) DEADLINES FOR DECISIONS UNDER OTHER 
LAWS.— 
‘‘(A) PRIOR
APPROVAL
DEADLINE.—If a 
participating agency is required to make a de-
termination regarding or otherwise approve or 
disapprove the rail project prior to the record of 
decision or finding of no significant impact of 
the lead agency, such participating agency shall 
make such determination or approval no later 
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than 30 days after the lead agency publishes no-
tice of the availability of a final environmental 
impact statement or other final environmental 
document, or no later than such other date that 
is otherwise required by law, whichever occurs 
first. 
‘‘(B) OTHER DEADLINES.—With regard to 
any determination or approval of a partici-
pating agency that is not subject to subpara-
graph (A), each participating agency shall make 
any required determination regarding or other-
wise approve or disapprove the rail project no 
later than 90 days after the date that the lead 
agency approves the record of decision or finding 
of no significant impact for the rail project, or 
not later than such other date that is otherwise 
required by law, whichever occurs first. 
‘‘(C) DEEMED
APPROVED.—In the event 
that any participating agency fails to make a 
determination or approve or disapprove the rail 
project within the applicable deadline described 
in subparagraphs (A) and (B), the rail project 
shall be deemed approved by such participating 
agency and such approval shall be deemed to 
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comply with the applicable requirements of Fed-
eral law. 
‘‘(D) JUDICIAL REVIEW.— 
‘‘(i) IN GENERAL.—An approval of a 
rail project under subparagraph (C) shall 
not be subject to judicial review. 
‘‘(ii) WRITTEN
FINDING.—The Sec-
retary 
may 
issue 
a 
written 
finding 
verifying the approval made in accordance 
with this paragraph. 
‘‘(g) ISSUE IDENTIFICATION AND RESOLUTION.— 
‘‘(1) COOPERATION.—The lead agency and the 
participating agencies shall work cooperatively in ac-
cordance with this section to identify and resolve 
issues that could delay completion of the environ-
mental review process or could result in denial of any 
approvals required for the rail project under applica-
ble laws. 
‘‘(2) LEAD
AGENCY
RESPONSIBILITIES.—The 
lead agency shall make information available to the 
participating agencies as early as practicable in the 
environmental review process regarding the environ-
mental and socioeconomic resources located within the 
rail project area and the general locations of the al-
ternatives under consideration. Such information 
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may be based on existing data sources, including geo-
graphic information systems mapping. 
‘‘(3) 
PARTICIPATING
AGENCY
RESPONSIBIL-
ITIES.—Based on information received from the lead 
agency, participating agencies shall identify, as early 
as practicable, any issues of concern regarding the 
rail project’s potential environmental or socio-
economic impacts. In this paragraph, issues of con-
cern include any issues that could substantially delay 
or prevent an agency from granting a permit or other 
approval that is needed for the rail project. 
‘‘(4) ISSUE RESOLUTION.— 
‘‘(A) MEETING
OF
PARTICIPATING
AGEN-
CIES.—At any time upon request of a project 
sponsor or the Governor of a State in which the 
rail project is located, the lead agency shall 
promptly convene a meeting with the relevant 
participating agencies, the project sponsor, and 
the Governor (if the meeting was requested by the 
Governor) to resolve issues that could delay com-
pletion of the environmental review process or 
could result in denial of any approvals required 
for the rail project under applicable laws. 
‘‘(B) NOTICE THAT RESOLUTION CANNOT BE 
ACHIEVED.—If a resolution cannot be achieved 
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within 30 days following such a meeting and a 
determination by the lead agency that all infor-
mation necessary to resolve the issue has been ob-
tained, the lead agency shall notify the heads of 
all participating agencies, the project sponsor, 
the Governor, the Committee on Environment 
and Public Works of the Senate, the Committee 
on Transportation and Infrastructure of the 
House of Representatives, and the Council on 
Environmental Quality, and shall publish such 
notification in the Federal Register. 
‘‘(C) RESOLUTION FINAL.— 
‘‘(i) IN
GENERAL.—The lead agency 
and participating agencies may not recon-
sider the resolution of any issue agreed to 
by the relevant agencies in a meeting under 
subparagraph (A). 
‘‘(ii) COMPLIANCE
WITH
APPLICABLE 
LAW.—Any such resolution shall be deemed 
to comply with applicable law notwith-
standing that the agencies agreed to such 
resolution prior to the approval of the envi-
ronmental document. 
‘‘(h) STREAMLINED DOCUMENTATION AND DECISION-
MAKING.— 
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‘‘(1) IN GENERAL.—The lead agency in the envi-
ronmental review process for a rail project, in order 
to reduce paperwork and expedite decisionmaking, 
shall prepare a condensed final environmental impact 
statement. 
‘‘(2) CONDENSED FORMAT.—A condensed final 
environmental impact statement for a rail project in 
the environmental review process shall consist only 
of— 
‘‘(A) an incorporation by reference of the 
draft environmental impact statement; 
‘‘(B) any updates to specific pages or sec-
tions of the draft environmental impact state-
ment as appropriate; and 
‘‘(C) responses to comments on the draft en-
vironmental impact statement and copies of the 
comments. 
‘‘(3) TIMING
OF
DECISION.—Notwithstanding 
any other provision of law, in conducting the envi-
ronmental review process for a rail project, the lead 
agency shall combine a final environmental impact 
statement and a record of decision for the rail project 
into a single document if— 
‘‘(A) the alternative approved in the record 
of decision is either a preferred alternative that 
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was identified in the draft environmental impact 
statement or is a modification of such preferred 
alternative that was developed in response to 
comments on the draft environmental impact 
statement; and 
‘‘(B) the Secretary determines that the lead 
agency, participating agency, or the project 
sponsor has committed to implement the meas-
ures applicable to the approved alternative that 
are identified in the final environmental impact 
statement. 
‘‘(i) SUPPLEMENTAL ENVIRONMENTAL REVIEW AND 
RE-EVALUATION.— 
‘‘(1) 
SUPPLEMENTAL
ENVIRONMENTAL
RE-
VIEW.—After the approval of a record of decision or 
finding of no significant impact with regard to a rail 
project, an agency may not require the preparation of 
a subsequent environmental document for such rail 
project unless the lead agency determines that— 
‘‘(A) changes to the rail project will result 
in new significant impacts that were not evalu-
ated in the environmental document; or 
‘‘(B) new information has become available 
or changes in circumstances have occurred after 
the lead agency approval of the rail project that 
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will result in new significant impacts that were 
not evaluated in the environmental document. 
‘‘(2) RE-EVALUATIONS.—The Secretary may only 
require the re-evaluation of a document prepared 
under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) if— 
‘‘(A) the Secretary determines that the 
events in paragraph (1)(A) or (1)(B) apply; and 
‘‘(B) more than 5 years has elapsed since 
the Secretary’s prior approval of the rail project 
or authorization of rail project funding. 
‘‘(3) CHANGE TO RECORD OF DECISIONS.—After 
the approval of a record of decision, the Secretary 
may not require the record of decision to be changed 
based solely because of a change in the fiscal cir-
cumstances surrounding the rail project. 
‘‘(j) PERFORMANCE MEASUREMENT.—The Secretary 
shall establish a program to measure and report on progress 
toward improving and expediting the planning and envi-
ronmental review processes. 
‘‘(k) ASSISTANCE TO AFFECTED STATE AND FEDERAL 
AGENCIES.— 
‘‘(1) IN GENERAL.—For a rail project that is 
subject to the environmental review process established 
under this section and for which funds are made 
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available to a State under funding programs admin-
istered by the Federal Railroad Administration, the 
Secretary may approve a request by the State to pro-
vide such funds to affected Federal agencies (includ-
ing the Department of Transportation), State agen-
cies, and Indian tribes participating in the environ-
mental review process for the rail projects in that 
State or participating in a State process that has 
been approved by the Secretary for that State. Such 
funds may be provided only to support activities that 
directly and meaningfully contribute to expediting 
and improving transportation or rail project plan-
ning and delivery for rail projects in that State. 
‘‘(2) ACTIVITIES ELIGIBLE FOR FUNDING.—Ac-
tivities for which funds may be provided under para-
graph (1) include transportation planning activities 
that precede the initiation of the environmental re-
view process, dedicated staffing, training of agency 
personnel, information gathering and mapping, and 
development of programmatic agreements. 
‘‘(3) AMOUNTS.—Requests under paragraph (1) 
may be approved only for the additional amounts 
that the Secretary determines are necessary for the 
Federal agencies, State agencies, or Indian tribes par-
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ticipating in the environmental review process to 
meet the time limits for environmental review. 
‘‘(4) CONDITION.—A request under paragraph 
(1) to expedite time limits for environmental review 
may be approved only if such time limits are less 
than the customary time necessary for such review. 
‘‘(l) REGULATIONS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the American Energy and 
Infrastructure Jobs Act of 2012, the Secretary, by reg-
ulation, shall— 
‘‘(A) implement this section; and 
‘‘(B) establish methodologies and procedures 
for evaluating the environmental impacts, in-
cluding cumulative impacts and growth-induc-
ing impacts, of rail projects subject to this sec-
tion. 
‘‘(2) COMPLIANCE WITH APPLICABLE LAW.—Any 
environmental document that utilizes the methodolo-
gies and procedures established under this subsection 
shall be deemed to comply with the applicable require-
ments of— 
‘‘(A) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) or its imple-
menting regulations; or 
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‘‘(B) any other Federal environmental stat-
ute applicable to rail projects. 
‘‘(m) LIMITATIONS ON CLAIMS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, a claim arising under Federal law 
seeking judicial review of a permit, license, or ap-
proval issued by a Federal agency for a rail project 
shall be barred unless it is filed within 90 days after 
publication of a notice in the Federal Register an-
nouncing that the permit, license, or approval is final 
pursuant to the law under which the agency action is 
taken, unless a shorter time is specified in the Federal 
law pursuant to which judicial review is allowed. 
Nothing in this subsection shall create a right to judi-
cial review or place any limit on filing a claim that 
a person has violated the terms of a permit, license, 
or approval. 
‘‘(2) NEW INFORMATION.—The preparation of a 
supplemental environmental impact statement or 
other environmental document when required by this 
section shall be considered a separate final agency ac-
tion and the deadline for filing a claim for judicial 
review of such action shall be 90 days after the date 
of publication of a notice in the Federal Register an-
nouncing such action. 
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‘‘(n) LIMITATIONS ON JUDICIAL RELIEF.—Notwith-
standing any other provision of law, the following limita-
tions shall apply to actions brought before a court in con-
nection with a rail project under this section: 
‘‘(1) Venue for any action shall be where the rail 
project is located. 
‘‘(2) A specific property interest impacted by the 
rail project in question must exist in order to have 
standing to bring an action. 
‘‘(3) No action may be commenced by any person 
alleging a violation of— 
‘‘(A) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), chapters 5 
and 7 of title 5, or any other Federal environ-
mental law if such Federal law is identified in 
the draft environmental impact statement, unless 
such person provided written notice to the lead 
agency of the alleged violation of law, and the 
facts supporting such claim, during the public 
comment period on the draft environmental im-
pact statement; or 
‘‘(B) any other law with regard to the rail 
project unless such person provided written no-
tice to the applicable approving agency of the al-
leged violation of law, and the facts supporting 
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such claim, during the public comment period on 
such agency approval. 
‘‘(4) Elected or appointed officials working for 
the Federal Government or a State government may 
not be named in their individual capacities in an ac-
tion if they are acting within the scope of their offi-
cial duties. 
‘‘§ 22904. Integration of planning and environmental 
review 
‘‘(a) ADOPTION OF PLANNING PRODUCTS FOR USE IN 
NEPA PROCEEDINGS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law and subject to the conditions set forth 
in subsection (c), the Federal lead agency for a rail 
project, at the request of the project sponsors, may 
adopt and use a planning product in proceedings re-
lating to any class of action in the environmental re-
view process of the rail project. 
‘‘(2) PARTIAL
ADOPTION
OF
PLANNING
PROD-
UCTS.—The Federal lead agency may adopt a plan-
ning product under paragraph (1) in its entirety or 
may select portions for adoption. 
‘‘(3) TIMING.—A determination under para-
graph (1) with respect to the adoption of a planning 
product shall be made at the time the lead agencies 
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decide the appropriate scope of environmental review 
for the rail project. 
‘‘(b) APPLICABILITY.— 
‘‘(1) PLANNING DECISIONS.—Planning decisions 
that may be adopted pursuant to this section in-
clude— 
‘‘(A) a purpose and need or goals and objec-
tives statement for the rail project, including 
with respect to whether private financial assist-
ance or other special financial measures are nec-
essary to implement the rail project; 
‘‘(B) a decision with respect to rail project 
location; 
‘‘(C) a decision with respect to the elimi-
nation of unreasonable alternatives and the selec-
tion of the range of reasonable alternatives for 
detailed study during the environmental review 
process; 
‘‘(D) a basic description of the environ-
mental setting; 
‘‘(E) a decision with respect to methodolo-
gies for analysis; and 
‘‘(F) identifications of programmatic level 
mitigation for potential impacts that the Federal 
lead agency, in consultation with Federal, State, 
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local, and tribal resource agencies, determines 
are most effectively addressed at a regional or 
national program level, including— 
‘‘(i) system-level measures to avoid, 
minimize, or mitigate impacts of proposed 
transportation and rail investments on en-
vironmental resources, including regional 
ecosystem and water resources; and 
‘‘(ii) potential mitigation activities, lo-
cations, and investments. 
‘‘(2) PLANNING
ANALYSES.—Planning analyses 
that may be adopted pursuant to this section include 
studies with respect to— 
‘‘(A) freight and passenger rail needs and 
demands; 
‘‘(B) regional development and growth; 
‘‘(C) local land use, growth management, 
and development; 
‘‘(D) population and employment; 
‘‘(E) natural and built environmental con-
ditions; 
‘‘(F) environmental resources and environ-
mentally sensitive areas; 
‘‘(G) potential environmental effects, includ-
ing the identification of resources of concern and 
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potential cumulative effects on those resources, 
identified as a result of a statewide or regional 
cumulative effects assessment; and 
‘‘(H) mitigation needs for a proposed ac-
tion, or programmatic level mitigation, for po-
tential effects that the Federal lead agency deter-
mines are most effectively addressed at a re-
gional or national program level. 
‘‘(c) CONDITIONS.—Adoption and use of a planning 
product under this section is subject to a determination by 
the Federal lead agency, in consultation with joint lead 
agencies and project sponsors as appropriate, that the fol-
lowing conditions have been met: 
‘‘(1) The planning product was developed 
through a planning process conducted pursuant to 
applicable Federal law. 
‘‘(2) The planning process included broad con-
sideration of freight and passenger rail needs and po-
tential effects. 
‘‘(3) During the planning process, notice was 
provided, to the extent required by applicable law, 
through publication or other means to Federal, State, 
and local government agencies and tribal governments 
that might have an interest in the proposed rail 
project, and to members of the general public, of the 
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775 
planning products that the planning process might 
produce and that might be relied on during the envi-
ronmental review process, and such entities have been 
provided an appropriate opportunity to participate 
in the planning process leading to such planning 
product. 
‘‘(4) Prior to determining the scope of environ-
mental review for the rail project, the joint lead agen-
cies have made documentation relating to the plan-
ning product available to Federal, State, and local 
governmental agencies and tribal governments that 
may have an interest in the proposed action, and to 
members of the general public. 
‘‘(5) There is no significant new information or 
new circumstance that has a reasonable likelihood of 
affecting the continued validity or appropriateness of 
the planning product. 
‘‘(6) The planning product is based on reliable 
and reasonably current data and reasonable and sci-
entifically acceptable methodologies. 
‘‘(7) The planning product is documented in suf-
ficient detail to support the decision or the results of 
the analysis and to meet requirements for use of the 
information in the environmental review process. 
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‘‘(8) The planning product is appropriate for 
adoption and use in the environmental review process 
for the rail project. 
‘‘(d) EFFECT
OF ADOPTION.—Notwithstanding any 
other provision of law, any planning product adopted by 
the Federal lead agency in accordance with this section 
shall not be reconsidered or made the subject of additional 
interagency consultation during the environmental review 
process of the rail project unless the Federal lead agency, 
in consultation with joint lead agencies and project spon-
sors as appropriate, determines that there is significant new 
information or new circumstances that affect the continued 
validity or appropriateness of the adopted planning prod-
uct. Any planning product adopted by the Federal lead 
agency in accordance with this section may be relied upon 
and used by other Federal agencies in carrying out reviews 
of the rail project. 
‘‘(e) RULE OF CONSTRUCTION.—This section may not 
be construed to make the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) process applicable to 
the transportation planning processes conducted under 
chapters 52 and 227 of this title, section 211 of the Pas-
senger Rail Investment and Improvement Act of 2008, or 
section 26101 of this title. Initiation of the National Envi-
ronmental Policy Act of 1969 process as a part of, or con-
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currently with, transportation planning activities does not 
subject transportation plans and programs to the National 
Environmental Policy Act of 1969 process. This section 
may not be construed to affect the use of planning products 
in the National Environmental Policy Act of 1969 process 
pursuant to other authorities under law or to restrict the 
initiation of the National Environmental Policy Act of 
1969 process during planning. 
‘‘§ 22905. Program for eliminating duplication of envi-
ronmental reviews 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
a program to eliminate duplicative environmental re-
views and approvals under State and Federal law of 
rail projects. Under this program, a State may use 
State laws and procedures to conduct reviews and 
make approvals in lieu of Federal environmental laws 
and regulations, consistent with the provisions of this 
section. 
‘‘(2) PARTICIPATING STATES.—All States are eli-
gible to participate in the program. 
‘‘(3) SCOPE OF ALTERNATIVE REVIEW AND AP-
PROVAL PROCEDURES.—For purposes of this section, 
alternative environmental review and approval proce-
dures may include one or more of the following: 
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‘‘(A) Substitution of one or more State envi-
ronmental laws for one or more Federal environ-
mental laws, if the Secretary determines in ac-
cordance with this section that the State environ-
mental laws provide environmental protection 
and opportunities for public involvement that 
are substantially equivalent to the applicable 
Federal environmental laws. 
‘‘(B) Substitution of one or more State reg-
ulations for Federal regulations implementing 
one or more Federal environmental laws, if the 
Secretary determines in accordance with this sec-
tion that the State regulations provide environ-
mental protection and opportunities for public 
involvement that are substantially equivalent to 
the Federal regulations. 
‘‘(b) APPLICATION.—To participate in the program, a 
State shall submit to the Secretary an application con-
taining such information as the Secretary may require, in-
cluding— 
‘‘(1) a full and complete description of the pro-
posed alternative environmental review and approval 
procedures of the State; 
‘‘(2) for each State law or regulation included in 
the proposed alternative environmental review and 
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approval procedures of the State, an explanation of 
the basis for concluding that the law or regulation 
meets the requirements under subsection (a)(3); and 
‘‘(3) evidence of having sought, received, and ad-
dressed comments on the proposed application from 
the public and appropriate Federal environmental re-
source agencies. 
‘‘(c) REVIEW OF APPLICATION.—The Secretary shall— 
‘‘(1) review an application submitted under sub-
section (b); 
‘‘(2) approve or disapprove the application in 
accordance with subsection (d) not later than 90 days 
after the date of the receipt of the application; and 
‘‘(3) transmit to the State notice of the approval 
or disapproval, together with a statement of the rea-
sons for the approval or disapproval. 
‘‘(d) APPROVAL OF STATE PROGRAMS.— 
‘‘(1) IN GENERAL.—The Secretary shall approve 
each such application if the Secretary finds that the 
proposed alternative environmental review and ap-
proval procedures of the State are substantially equiv-
alent to the applicable Federal environmental laws 
and Federal regulations. 
‘‘(2) EXCLUSION.—The National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the 
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Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) shall not apply to any decision by the Secretary 
to approve or disapprove any application submitted 
pursuant to this section. 
‘‘(e) COMPLIANCE WITH PERMITS.—Compliance with 
a permit or other approval of a rail project issued pursuant 
to a program approved by the Secretary under this section 
shall be deemed compliance with the Federal laws and regu-
lations identified in the program approved by the Secretary 
pursuant to this section. 
‘‘(f) REVIEW AND TERMINATION.— 
‘‘(1) REVIEW.—All State alternative environ-
mental review and approval procedures approved 
under this section shall be reviewed by the Secretary 
not less than once every 5 years. 
‘‘(2) PUBLIC NOTICE AND COMMENT.—In con-
ducting the review process under paragraph (1), the 
Secretary shall provide notice and an opportunity for 
public comment. 
‘‘(3) EXTENSIONS AND TERMINATIONS.—At the 
conclusion of the review process, the Secretary may 
extend the State alternative environmental review and 
approval procedures for an additional 5-year period 
or terminate the State program. 
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781 
‘‘(g) REPORT TO CONGRESS.—Not later than 2 years 
after the date of enactment of this section, and annually 
thereafter, the Secretary shall submit to Congress a report 
that describes the administration of the program. 
‘‘§ 22906. Railroad corridor preservation 
‘‘(a) IN GENERAL.—The Secretary may assist an ap-
plicant to acquire railroad right-of-way and adjacent real 
property interests before the completion of the environ-
mental reviews for any rail project that may use the right- 
of-way and the real property interests if the acquisition is 
otherwise permitted under Federal law. The Secretary may 
establish restrictions on such an acquisition as the Sec-
retary determines to be necessary and appropriate. 
‘‘(b) ENVIRONMENTAL REVIEWS.—Railroad right-of- 
way and real property interests acquired under this section 
may not be developed in anticipation of final approval of 
the rail project until all required environmental reviews for 
the rail project have been completed. 
‘‘§ 22907. Treatment of railroads for historic preserva-
tion 
‘‘Except for a railroad operated as a historic site with 
the purpose of preserving the railroad for listing in the Na-
tional Register of Historic Places, a railroad subject to the 
safety regulation jurisdiction of the Federal Railroad Ad-
ministration, or any portion of such railroad, or any prop-
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erty in current or former use by a railroad and intended 
to be restored to use by a railroad, shall not be considered 
a historic site, district, object, structure, or property of na-
tional, State, or local significance for purposes of section 
303 of this title or section 106 or 110 of the National His-
toric Preservation Act (16 U.S.C. 470f or 470h–2) by virtue 
of being listed as a resource in, or eligible for listing in, 
the National Register of Historic Places. At the discretion 
of the Secretary, with the advice of the Department of the 
Interior, significant individual elements of a railroad such 
as depots and major bridges would be subject to such section 
106 or 110. 
‘‘§ 22908. Categorical exclusion 
‘‘(a) TREATMENT OF RAIL PROJECTS.—The Secretary 
shall, for the purposes of this title, treat a rail project as 
a class of action categorically excluded from the require-
ments relating to the environmental assessment process or 
the preparation of environmental impact statements under 
the standards promulgated by the Council on Environ-
mental Quality (40 C.F.R. 1508.4), if such rail project— 
‘‘(1) replaces or maintains existing railroad 
equipment; track and bridge structures; electrifica-
tion, communication, signaling, or security facilities; 
stations; maintenance-of-way and maintenance-of- 
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equipment bases; or other existing railroad-related fa-
cilities; 
‘‘(2) is a rail line addition of any length within 
an existing right of way; 
‘‘(3) is related to the implementation of positive 
train control systems, as required by section 20157 of 
title 49, United States Code; or 
‘‘(4) replaces, reconstructs, or rehabilitates an ex-
isting railroad bridge, including replacement of a cul-
vert, that does not require the acquisition of a signifi-
cant amount of right-of-way. 
‘‘(b) ADDITIONAL ACTIONS.—If a rail project qualifies 
for categorical exclusion under this section except for addi-
tional actions that do not fit in the relevant category, the 
rail project may be categorically excluded if the Secretary 
determines, based on information provided by the project 
sponsor, that the additional actions meet the standards for 
categorical exclusion promulgated by the Council on Envi-
ronmental Quality (40 C.F.R. 1508.4). 
‘‘(c) OTHER OPERATING ADMINISTRATIONS’ CATEGOR-
ICAL EXCLUSIONS.—If a rail project would be eligible for 
categorical exclusion from the requirements relating to the 
environmental assessment process or the preparation of en-
vironmental impact statements by another operating ad-
ministration of the Department of Transportation, the Fed-
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784 
eral Railroad Administration may categorically exclude the 
rail project. 
‘‘§ 22909. State assumption of responsibility for cat-
egorical exclusions 
‘‘(a) CATEGORICAL EXCLUSION DETERMINATIONS.— 
‘‘(1) IN GENERAL.—The Secretary may assign, 
and a State may assume, responsibility for deter-
mining whether certain designated activities are in-
cluded within classes of action identified by the Sec-
retary that are categorically excluded from require-
ments for environmental assessments or environ-
mental impact statements pursuant to regulations 
promulgated by the Council on Environmental Qual-
ity under part 1500 of title 40, Code of Federal Regu-
lations (as in effect on October 1, 2003). 
‘‘(2) SCOPE
OF
AUTHORITY.—A determination 
described in paragraph (1) shall be made by a State 
in accordance with criteria established by the Sec-
retary and for any type of activity for which a cat-
egorical exclusion classification is appropriate. 
‘‘(3) CRITERIA.—The criteria under paragraph 
(2) shall include provisions for public availability of 
information consistent with section 552 of title 5 and 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
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‘‘(4) PRESERVATION OF FLEXIBILITY.—The Sec-
retary shall not require a State, as a condition of as-
suming responsibility under this section, to forego 
project delivery methods that are otherwise permis-
sible for rail projects. 
‘‘(b) OTHER APPLICABLE FEDERAL LAWS.— 
‘‘(1) IN GENERAL.—If a State assumes responsi-
bility under subsection (a), the Secretary may also 
assign and the State may assume all or part of the 
responsibilities of the Secretary for environmental re-
view, consultation, or other related actions required 
under any Federal environmental law applicable to 
activities that are classified by the Secretary as cat-
egorical exclusions, with the exception of government- 
to-government consultation with Indian tribes, subject 
to the same procedural and substantive requirements 
as would be required if that responsibility were car-
ried out by the Secretary. 
‘‘(2) SOLE RESPONSIBILITY.—A State that as-
sumes responsibility under paragraph (1) with re-
spect to a Federal law shall be solely responsible and 
solely liable for complying with and carrying out that 
law, and the Secretary shall have no such responsi-
bility or liability. 
‘‘(c) MEMORANDA OF UNDERSTANDING.— 
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‘‘(1) IN GENERAL.—The Secretary and the State, 
after providing public notice and opportunity for 
comment, shall enter into a memorandum of under-
standing setting forth the responsibilities to be as-
signed under this section and the terms and condi-
tions under which the assignments are made, includ-
ing establishment of the circumstances under which 
the Secretary would reassume responsibility for cat-
egorical exclusion determinations. 
‘‘(2) 
TERM.—A 
memorandum 
of 
under-
standing— 
‘‘(A) shall have a term of not more than 3 
years; and 
‘‘(B) shall be renewable. 
‘‘(3) ACCEPTANCE
OF
JURISDICTION.—In a 
memorandum of understanding, the State shall con-
sent to accept the jurisdiction of the Federal courts for 
the compliance, discharge, and enforcement of any re-
sponsibility of the Secretary that the State assumes. 
‘‘(4) MONITORING.—The Secretary shall— 
‘‘(A) monitor compliance by the State with 
the memorandum of understanding and the pro-
vision by the State of financial resources to 
carry out the memorandum of understanding; 
and 
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‘‘(B) take into account the performance by 
the State when considering renewal of the memo-
randum of understanding. 
‘‘(d) TERMINATION.—The Secretary may terminate 
any assumption of responsibility under a memorandum of 
understanding on a determination that the State is not ade-
quately carrying out the responsibilities assigned to the 
State. 
‘‘(e) STATE AGENCY DEEMED TO BE FEDERAL AGEN-
CY.—A State agency that is assigned a responsibility under 
a memorandum of understanding shall be deemed to be a 
Federal agency for the purposes of the Federal law under 
which the responsibility is exercised. 
‘‘§ 22910. Rail project delivery program 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN
GENERAL.—The Secretary shall carry 
out a rail project delivery program (referred to in this 
section as the ‘program’). 
‘‘(2) ASSUMPTION OF RESPONSIBILITY.— 
‘‘(A) IN
GENERAL.—Subject to the other 
provisions of this section, with the written agree-
ment of the Secretary and a State, which may 
be in the form of a memorandum of under-
standing, the Secretary may assign, and the 
State may assume, the responsibilities of the Sec-
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retary with respect to one or more rail projects 
within the State under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
‘‘(B) ADDITIONAL
RESPONSIBILITY.—If a 
State assumes responsibility under subparagraph 
(A)— 
‘‘(i) the Secretary may assign to the 
State, and the State may assume, all or 
part of the responsibilities of the Secretary 
for environmental review, consultation, or 
other action required under any Federal en-
vironmental law pertaining to the review or 
approval of a specific rail project; but 
‘‘(ii) the Secretary may not assign any 
responsibility imposed on the Secretary by 
chapter 227 of this title. 
‘‘(C) PROCEDURAL AND SUBSTANTIVE RE-
QUIREMENTS.—A State shall assume responsi-
bility under this section subject to the same pro-
cedural and substantive requirements as would 
apply if that responsibility were carried out by 
the Secretary. 
‘‘(D) FEDERAL RESPONSIBILITY.—Any re-
sponsibility of the Secretary not explicitly as-
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sumed by the State by written agreement under 
this section shall remain the responsibility of the 
Secretary. 
‘‘(E) NO EFFECT ON AUTHORITY.—Nothing 
in this section preempts or interferes with any 
power, jurisdiction, responsibility, or authority 
of an agency, other than the Department of 
Transportation, under applicable law (including 
regulations) with respect to a rail project. 
‘‘(F) PRESERVATION OF FLEXIBILITY.—The 
Secretary may not require a State, as a condi-
tion of participation in the program, to forego 
project delivery methods that are otherwise per-
missible for rail projects. 
‘‘(b) STATE PARTICIPATION.— 
‘‘(1) PARTICIPATING STATES.—All States are eli-
gible to participate in the program. 
‘‘(2) APPLICATION.—Not later than 270 days 
after the date of enactment of this section, the Sec-
retary shall promulgate regulations that establish re-
quirements relating to information required to be con-
tained in any application of a State to participate 
in the program, including, at a minimum— 
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‘‘(A) the rail projects or classes of projects 
for which the State anticipates exercising the au-
thority that may be granted under the program; 
‘‘(B) verification of the financial resources 
necessary to carry out the authority that may be 
granted under the program; and 
‘‘(C) evidence of the notice and solicitation 
of public comment by the State relating to par-
ticipation of the State in the program, including 
copies of comments received from that solicita-
tion. 
‘‘(3) PUBLIC NOTICE.— 
‘‘(A) IN GENERAL.—Each State that sub-
mits an application under this subsection shall 
give notice of the intent of the State to partici-
pate in the program not later than 30 days be-
fore the date of submission of the application. 
‘‘(B) METHOD OF NOTICE AND SOLICITA-
TION.—The State shall provide notice and solicit 
public comment under this paragraph by pub-
lishing the complete application of the State in 
accordance with the appropriate public notice 
law of the State. 
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‘‘(4) SELECTION CRITERIA.—The Secretary may 
approve the application of a State under this section 
only if— 
‘‘(A) the regulatory requirements under 
paragraph (2) have been met; 
‘‘(B) the Secretary determines that the State 
has the capability, including financial and per-
sonnel, to assume the responsibility; and 
‘‘(C) the head of the State agency having 
primary jurisdiction over rail matters enters 
into a written agreement with the Secretary de-
scribed in subsection (c). 
‘‘(5) OTHER
FEDERAL
AGENCY
VIEWS.—If a 
State applies to assume a responsibility of the Sec-
retary that would have required the Secretary to con-
sult with another Federal agency, the Secretary shall 
solicit the views of the Federal agency before approv-
ing the application. 
‘‘(c) WRITTEN AGREEMENT.—A written agreement 
under this section shall— 
‘‘(1) be executed by the Governor or the top-rank-
ing transportation official in the State who is charged 
with responsibility for rail construction; 
‘‘(2) be in such form as the Secretary may pre-
scribe; 
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‘‘(3) provide that the State— 
‘‘(A) agrees to assume all or part of the re-
sponsibilities of the Secretary described in sub-
section (a); 
‘‘(B) expressly consents, on behalf of the 
State, to accept the jurisdiction of the Federal 
courts for the compliance, discharge, and enforce-
ment of any responsibility of the Secretary as-
sumed by the State; 
‘‘(C) certifies that State laws (including 
regulations) are in effect that— 
‘‘(i) authorize the State to take the ac-
tions necessary to carry out the responsibil-
ities being assumed; and 
‘‘(ii) are comparable to section 552 of 
title 5, including providing that any deci-
sion regarding the public availability of a 
document under those State laws is review-
able by a court of competent jurisdiction; 
and 
‘‘(D) agrees to maintain the financial re-
sources necessary to carry out the responsibilities 
being assumed; 
‘‘(4) shall have a term of not more than 5 years; 
and 
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‘‘(5) shall be renewable. 
‘‘(d) JURISDICTION.— 
‘‘(1) IN GENERAL.—The United States district 
courts shall have exclusive jurisdiction over any civil 
action against a State for failure to carry out any re-
sponsibility of the State under this section. 
‘‘(2) LEGAL STANDARDS AND REQUIREMENTS.— 
A civil action under paragraph (1) shall be governed 
by the legal standards and requirements that would 
apply in such a civil action against the Secretary 
had the Secretary taken the actions in question. 
‘‘(3) INTERVENTION.—The Secretary shall have 
the right to intervene in any action described in 
paragraph (1). 
‘‘(e) EFFECT OF ASSUMPTION OF RESPONSIBILITY.— 
A State that assumes responsibility under subsection (a)(2) 
shall be solely responsible and solely liable for carrying out, 
in lieu of the Secretary, the responsibilities assumed under 
subsection (a)(2), until the program is terminated as pro-
vided in subsection (j). 
‘‘(f) LIMITATIONS ON AGREEMENTS.—Nothing in this 
section permits a State to assume any rulemaking author-
ity of the Secretary under any Federal law. 
‘‘(g) AUDITS.— 
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794 
‘‘(1) IN GENERAL.—To ensure compliance by a 
State with any agreement of the State under sub-
section (c) (including compliance by the State with 
all Federal laws for which responsibility is assumed 
under subsection (a)(2)), for each State participating 
in the program under this section, the Secretary shall 
conduct— 
‘‘(A) semiannual audits during each of the 
first 2 years of State participation; and 
‘‘(B) annual audits during each of the third 
and fourth years of State participation. 
‘‘(2) PUBLIC AVAILABILITY AND COMMENT.— 
‘‘(A) IN
GENERAL.—An audit conducted 
under paragraph (1) shall be provided to the 
public for comment. 
‘‘(B) RESPONSE.—Not later than 60 days 
after the date on which the period for public 
comment ends, the Secretary shall respond to 
public comments received under subparagraph 
(A). 
‘‘(h) MONITORING.—After the fourth year of participa-
tion of the State in the program, the Secretary shall mon-
itor compliance by the State with the written agreement, 
including the provision by the State of financial resources 
to carry out the written agreement. 
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‘‘(i) REPORT TO CONGRESS.—The Secretary shall sub-
mit to Congress an annual report that describes the admin-
istration of the program. 
‘‘(j) TERMINATION.—The Secretary may terminate the 
participation of any State in the program if— 
‘‘(1) the Secretary determines that the State is 
not adequately carrying out the responsibilities as-
signed to the State; 
‘‘(2) the Secretary provides to the State— 
‘‘(A) notification of the determination of 
noncompliance; and 
‘‘(B) a period of at least 30 days during 
which to take such corrective action as the Sec-
retary determines is necessary to comply with 
the applicable agreement; and 
‘‘(3) the State, after the notification and period 
provided under paragraph (2), fails to take satisfac-
tory corrective action, as determined by Secretary. 
‘‘§ 22911. Exemption in emergencies 
‘‘If any railroad, track, bridge, or other facility is in 
operation or under construction when damaged by an emer-
gency declared by the Governor of the State and concurred 
in by the Secretary, or declared by the President pursuant 
to the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121), is proposed to be recon-
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structed with Federal funds, and is reconstructed in the 
same location with the same capacity, dimensions, and de-
sign as before the emergency, then that reconstruction 
project shall be exempt from any further environmental re-
views, approvals, licensing, and permit requirements 
under— 
‘‘(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
‘‘(2) sections 402 and 404 of the Federal Water 
Pollution Control Act (33 U.S.C. 1342, 1344); 
‘‘(3) the National Historic Preservation Act (16 
U.S.C. 470 et seq.); 
‘‘(4) the Migratory Bird Treaty Act (16 U.S.C. 
703 et seq.); 
‘‘(5) the Wild and Scenic Rivers Act (16 U.S.C. 
1271 et seq.); 
‘‘(6) the Fish and Wildlife Coordination Act (16 
U.S.C. 661 et seq.); 
‘‘(7) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.), except when the reconstruction 
occurs in designated critical habitat for threatened 
and endangered species; 
‘‘(8) Executive Order 11990 (42 U.S.C. 4321 
note; relating to the protection of wetlands); and 
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‘‘(9) any Federal law (including regulations) re-
quiring no net loss of wetlands.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for subtitle V of title 49, United States Code, is amended 
by inserting after the item relating to chapter 227 the fol-
lowing: 
‘‘229. Project development and review ...........................................22901’’. 
Subtitle 
D—Railroad 
Rehabilita-
tion and Improvement Financ-
ing 
SEC. 8301. RAILROAD REHABILITATION AND IMPROVEMENT 
FINANCING. 
(a) PURPOSE AND REGULATIONS.— 
(1) PURPOSE.—The amendments made by this 
section are intended to encourage a higher level of 
participation in the railroad rehabilitation and im-
provement financing program under section 502 of 
the Railroad Revitalization and Regulatory Reform 
Act of 1976 and to make the loan process under that 
program faster, more efficient, and more predictable. 
(2) REGULATIONS.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall 
issue regulations implementing the amendments made 
by this section in a manner that achieves the purpose 
stated in paragraph (1). 
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(b) HIGH-SPEED RAIL.—Section 502(b)(1)(C) of such 
Act (45 U.S.C. 822(b)(1)(C)) is amended by inserting ‘‘, 
including high-speed rail (as defined in section 26105(2) 
of title 49, United States Code) facilities’’ after ‘‘railroad 
facilities’’. 
(c) PRIVATE INSURANCE.—Section 502(f)(1) of such 
Act (45 U.S.C. 822(f)(1)) is amended— 
(1) by striking ‘‘under this section a commit-
ment’’ and inserting ‘‘under this section private in-
surance, including bond insurance, or any other com-
mitment’’; and 
(2) by inserting ‘‘or private insurance, including 
bond insurance,’’ after ‘‘authority and credit risk pre-
miums’’. 
(d) FINANCING OF CREDIT RISK PREMIUM.—Section 
502(f)(3) of such Act (45 U.S.C. 822(f)(3)) is amended by 
inserting ‘‘, or, at the discretion of the Secretary, in a series 
of payments over the term of the loan. If private insurance, 
including bond insurance, is used, the policy premium shall 
be paid before the loan is disbursed’’ after ‘‘of loan 
amounts’’. 
(e) COLLATERAL.— 
(1) FULL VALUE.—Section 502(h)(2) of such Act 
(45 U.S.C. 822(h)(2)) is amended by inserting ‘‘Such 
collateral shall be valued at 100 percent of the liq-
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uidated asset valuation, or going concern valuation 
when applicable.’’ after ‘‘operation of the project.’’. 
(2) DEDICATED
REVENUE
AND
SUBORDINA-
TION.—Such section 502(h)(2) is further amended— 
(A) by striking ‘‘(2) The Secretary’’ and in-
serting ‘‘(2)(A) The Secretary’’; 
(B) by adding at the end of subparagraph 
(A) the following: ‘‘The Secretary may subordi-
nate rights of the Secretary under any provision 
of title 49 or title 23 of the United States Code, 
to the rights of the Secretary under this section 
and section 503.’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(B) In the case of an applicant that is a State, an 
Interstate compact, a local government authority as defined 
in section 5302 of title 49, United States Code, or a high- 
speed rail system as defined in section 26105 of title 49, 
United States Code, the Secretary shall, for purposes of 
making a finding under subsection (g)(4), accept the net 
present value on a future stream of State or local subsidy 
income or dedicated revenue as collateral offered to secure 
the loan.’’. 
(f) OFFICE OF MANAGEMENT AND BUDGET.—Section 
502(i) of such Act (45 U.S.C. 822(i)) is amended by insert-
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ing ‘‘In order to enable compliance with such time limit, 
the Office of Management and Budget shall take any actions 
required with respect to the application within such 90-day 
period.’’ after ‘‘disapprove the application.’’. 
(g) COMPLETION OF APPLICATION.—Section 502(i) of 
such Act (45 U.S.C. 822(i)) is further amended— 
(1) by striking ‘‘DISAPPROVAL.—Not later than 
90 days after receiving’’ and inserting ‘‘DIS-
APPROVAL.— 
‘‘(1) IN GENERAL.—Not later than 90 days after 
an application is determined pursuant to paragraph 
(2) to be’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) COMPLETION
OF
APPLICATION.—The Sec-
retary shall establish procedures for making a deter-
mination not later than 45 days after submission of 
an application under this section whether the appli-
cation is complete. Such procedures shall— 
‘‘(A) provide for a checklist of the required 
components of a complete application; 
‘‘(B) provide that an independent financial 
analyst be assigned within 45 days of submittal 
to review the application; 
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‘‘(C) require the Secretary to provide to the 
applicant a description of the specific compo-
nents of the application that remain incomplete 
or unsatisfactory if an application is determined 
to be incomplete; and 
‘‘(D) permit reapplication without prejudice 
for applications determined to be incomplete or 
unsatisfactory.’’. 
(h) REPAYMENT DEFERRAL.—Section 502(j) of such 
Act (45 U.S.C. 822(j)) is amended by adding at the end 
the following new paragraph: 
‘‘(3) TREATMENT OF COSTS ASSOCIATED WITH 
DEFERRAL.—Any additional costs associated with a 
deferred repayment schedule under paragraph (1) 
may be financed over the remaining term of the loan 
beginning at the time the payments begin, or may be 
included in the credit risk premium determined under 
subsection (f)(2).’’. 
(i) POSITIVE TRAIN CONTROL.— 
(1) PRIORITY.—Section 502(c)(1) of such Act (45 
U.S.C. 822(c)(1)) is amended by inserting ‘‘, includ-
ing projects for the installation of positive train con-
trol systems as defined in section 20157(i) of title 49, 
United States Code’’ after ‘‘public safety’’. 
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802 
(2) COLLATERAL.—Section 502(h)(2) of such Act 
(45 U.S.C. 822(h)(2)), as amended by this section, is 
further amended by adding at the end the following 
new subparagraph: 
‘‘(C) For purposes of making a finding under sub-
section (g)(4) with respect to an application for a project 
for the installation of positive train control systems, the col-
lateral value of that asset shall be deemed to be equal to 
the total cost of the labor and materials associated with in-
stalling the positive train control systems.’’. 
(j) REPORT TO CONGRESS.—Section 502 of such Act 
(45 U.S.C. 822) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(k) REPORT TO CONGRESS.—Not later than 1 year 
after the date of enactment of the American Energy and 
Infrastructure Jobs Act of 2012, and annually thereafter, 
the Secretary shall transmit to the Congress a report on 
the program under this section that summarizes the number 
of loans approved and disapproved by the Secretary during 
the previous year. Such report shall not disclose the identity 
of loan or loan guarantee recipients. The report shall de-
scribe— 
‘‘(1) the number of preapplication meetings with 
potential applicants; 
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‘‘(2) the number of applications received and de-
termined complete under subsection (i)(2), including 
the requested loan amounts; 
‘‘(3) the dates of receipt of applications; 
‘‘(4) the dates applications were determined com-
plete under subsection (i)(2); 
‘‘(5) the number of applications determined in-
complete under subsection (i)(2); 
‘‘(6) the final decision dates for both approvals 
and denials of applications; 
‘‘(7) the number of applications withdrawn from 
consideration; and 
‘‘(8) the annual loan portfolio asset quality.’’. 
(k) AUTHORIZATION
OF APPROPRIATIONS.—Section 
502 of such Act (45 U.S.C. 822) is amended by adding at 
the end the following new subsection: 
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary for purposes 
of carrying out subsections (f)(3) and (j)(3), $50,000,000 
for fiscal year 2013.’’. 
Subtitle E—Positive Train Control 
SEC. 8401. POSITIVE TRAIN CONTROL. 
(a) RAILROAD SAFETY RISK REDUCTION PROGRAM.— 
Section 20156(e)(4) of title 49, United States Code, is 
amended to read as follows: 
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804 
‘‘(4) POSITIVE TRAIN CONTROL.—Except as re-
quired by section 20157 (relating to the requirements 
for implementation of positive train control systems), 
the Secretary shall ensure that each railroad carrier’s 
technology implementation plan required under para-
graph (1) that includes a schedule for implementation 
of a positive train control system complies with that 
schedule. Nothing in this section shall be construed as 
requiring the installation of positive train control on 
railroad tracks if positive train control is not re-
quired on those tracks by section 20157 and positive 
train control on those tracks is not chosen by the rail-
road as a technology to be implemented under this 
section.’’. 
(b) IMPLEMENTATION OF POSITIVE TRAIN CONTROL 
SYSTEMS.—Section 20157 of title 49, United States Code, 
is amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘December 31, 2015’’ and 
inserting ‘‘December 31, 2020’’; 
(B) by inserting ‘‘and’’ after the semicolon 
at the end of subparagraph (A); 
(C) by striking ‘‘; and’’ at the end of sub-
paragraph (B) and inserting ‘‘on or after De-
cember 31, 2020.’’; and 
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(D) by striking subparagraph (C); 
(2) by adding at the end of subsection (a) the fol-
lowing new paragraph: 
‘‘(3) ALTERNATIVE
STRATEGY.—A plan sub-
mitted under this subsection may provide that, in lieu 
of installing positive train control on all or some of 
the tracks on which positive train control is otherwise 
required to be installed pursuant to paragraph 
(1)(B), the railroad carrier will utilize an alternative 
risk reduction strategy that would reduce the risk of 
release of poison- or toxic-by-inhalation hazardous 
materials to the same extent the risk of a release of 
poison- or toxic-by-inhalation hazardous materials 
would be reduced if positive train control were in-
stalled on those tracks. An alternative risk reduction 
strategy may only be used pursuant to this para-
graph on tracks for which positive train control is not 
required pursuant to paragraph (1)(A).’’; 
(3) in subsection (c)— 
(A) by striking ‘‘APPROVAL.—Not later 
than 90 days after the Secretary receives a plan’’ 
and inserting ‘‘APPROVAL.— 
‘‘(1) IN GENERAL.—Not later than 90 days after 
the Secretary receives a plan or revision of a plan 
under this section’’; and 
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(B) by adding at the end the following new 
paragraph: 
‘‘(2) REVISION
OF
PLAN.—A railroad carrier 
may revise a plan under this section as necessary to 
reflect rail lines that are added or removed, or to re-
flect alternative risk reduction strategies proposed 
pursuant to subsection (a)(3).’’; 
(4) in subsection (d)— 
(A) by striking ‘‘December 31, 2012’’ and 
inserting ‘‘December 31, 2015’’; and 
(B) by inserting ‘‘and alternative risk re-
duction strategies. Such report shall include any 
recommendations for improving the ability of 
rail carriers to implement positive train control 
systems or alternative risk reduction strategies 
in accordance with this section’’ after ‘‘positive 
train control systems’’; 
(5) in subsection (e), by inserting ‘‘and alter-
native risk reduction strategies’’ after ‘‘positive train 
control’’; and 
(6) in subsection (f), by striking ‘‘or section 
20156’’ the first place it appears. 
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Subtitle F—Regulatory Reform 
SEC. 8501. FEDERAL RAILROAD ADMINISTRATION REGULA-
TIONS. 
(a) AMENDMENT.—Section 103 of title 49, United 
States Code, is amended by adding at the end the following 
new subsection: 
‘‘(l) IMPROVING REGULATION AND REGULATORY RE-
VIEW.— 
‘‘(1) IN GENERAL.—Before any final regulation 
within the jurisdiction of the Administration is 
issued, the Administrator shall make all preliminary 
and final determinations based on evidence and con-
sider, in addition to other applicable considerations, 
the following: 
‘‘(A) The legal authority under which a rule 
may be proposed, including whether a rule-
making is required by statute, and if so, whether 
by a specific date, or whether the agency has dis-
cretion to commence a rulemaking. 
‘‘(B) Other statutory considerations appli-
cable to whether the agency can or should pro-
pose a rule or undertake other agency action. 
‘‘(C) The specific nature and significance of 
the problem the agency may address with a rule 
(including the degree and nature of risks the 
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problem poses and the priority of addressing 
those risks compared to other matters or activi-
ties within the agency’s jurisdiction), whether the 
problem warrants new agency action, and the 
countervailing risks that may be posed by alter-
natives for new agency action. 
‘‘(D) Whether existing rules have created or 
contributed to the problem the agency may ad-
dress with a rule and whether those rules could 
be amended or rescinded to address the problem 
in whole or part. 
‘‘(E) The best reasonably obtainable sci-
entific, technical, and other information related 
to the need for, and consequences of, the rule. 
‘‘(F) The potential costs and benefits, in-
cluding direct, indirect, and cumulative costs 
and benefits and estimated impacts on jobs, eco-
nomic growth, innovation, and economic com-
petitiveness. 
‘‘(G) Means to increase the cost-effectiveness 
of any Federal response. 
‘‘(H) Incentives for innovation, consistency, 
predictability, lower costs of enforcement and 
compliance (to government entities, regulated en-
tities, and the public), and flexibility. 
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‘‘(I) Any reasonable alternatives for a new 
rule or other response identified by the agency or 
interested persons, including not only responses 
that mandate particular conduct or manners of 
compliance, but also— 
‘‘(i) the alternative of no Federal re-
sponse; 
‘‘(ii) amending or rescinding existing 
rules; 
‘‘(iii) potential regional, State, local, 
or tribal regulatory action or other re-
sponses that could be taken in lieu of agency 
action; and 
‘‘(iv) potential responses that— 
‘‘(I) specify performance objectives 
rather than conduct or manners of 
compliance; 
‘‘(II) establish economic incentives 
to encourage desired behavior; 
‘‘(III) provide information upon 
which choices can be made by the pub-
lic; or 
‘‘(IV) incorporate other innovative 
alternatives rather than agency actions 
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that specify conduct or manners of 
compliance. 
‘‘(2) PUBLIC
COMMENT.—The Administrator 
shall solicit and take into consideration public com-
ment on the subjects described in subparagraphs (A) 
through (I) of paragraph (1) before issuance of a final 
regulation described in paragraph (1). 
‘‘(3) AGENCY STATEMENTS.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall follow applicable rulemaking procedures 
under section 553 of title 5 before issuing a bind-
ing obligation applicable to recipients of Federal 
assistance. 
‘‘(B) BINDING
OBLIGATION
DEFINED.—In 
this paragraph, the term ‘binding obligation’ 
means a substantive policy statement, rule, or 
guidance document issued by the Administration 
that grants rights, imposes obligations, produces 
significant effects on private interests, or effects 
a significant change in existing policy.’’. 
(b) EFFECTIVE DATE.—Paragraphs (1) and (2) of the 
subsection (l) added by the amendment made by subsection 
(a) of this section shall be effective only with respect to regu-
lations with respect to which no notice of proposed rule-
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making has been issued before the date of enactment of this 
Act. 
Subtitle G—Technical Corrections 
SEC. 8601. MISCELLANEOUS CORRECTIONS, REVISIONS, 
AND REPEALS. 
(a) TECHNICAL CORRECTIONS TO PROVISIONS OF THE 
UNITED STATES CODE ENACTED IN, OR AMENDED BY, THE 
RAIL SAFETY IMPROVEMENT ACT OF 2008.—(1) Section 
1139 of title 49, United States Code, is amended— 
(A) in subsection (a)(1) by striking ‘‘phone num-
ber’’ and inserting ‘‘telephone number’’; 
(B) in subsection (a)(2) by striking ‘‘post trau-
ma communication with families’’ and inserting 
‘‘post-trauma communication with families’’; and 
(C) in subsection (j)(2) by striking ‘‘railroad 
passenger accident’’ and inserting ‘‘rail passenger ac-
cident’’. 
(2) Section 10909 of title 49, United States Code, is 
amended— 
(A) in subsection (b), by striking ‘‘Clean Rail-
road Act of 2008,’’ and inserting ‘‘Clean Railroads 
Act of 2008,’’; and 
(B) in subsection (e), by striking ‘‘Upon the 
granting of petition from the State’’ and inserting 
‘‘Upon the granting of a petition from the State’’. 
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(3) Section 20116 of title 49, United States Code, is 
amended— 
(A) by inserting ‘‘(1)’’ after ‘‘unless’’; and 
(B) by inserting ‘‘(2)’’ before ‘‘the code, rule, 
standard, requirement, or practice has been subject to 
notice and comment under a rule or order issued 
under this part.’’. 
(4) Section 20120(a) of title 49, United States Code, 
is amended— 
(A) by striking ‘‘website’’ and inserting ‘‘Web 
site’’; 
(B) in paragraph (1), by striking ‘‘accident and 
incidence reporting’’ and inserting ‘‘accident and in-
cident reporting’’; 
(C) in paragraph (2)(G), by inserting ‘‘and’’ at 
the end; and 
(D) in paragraph (5)(B), by striking ‘‘Adminis-
trative Hearing Officer or Administrative Law 
Judge’’ and inserting ‘‘administrative hearing officer 
or administrative law judge’’. 
(5) Section 20156 of title 49, United States Code, is 
amended— 
(A) in subsection (c), by inserting a comma after 
‘‘In developing its railroad safety risk reduction pro-
gram’’; and 
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(B) in subsection (g)(1), by inserting a comma 
after ‘‘good faith’’ and by striking ‘‘non-profit’’ and 
inserting ‘‘nonprofit’’. 
(6) Section 20157(a)(1)(B) of title 49, United States 
Code, is amended by striking ‘‘parts 171.8, 173.115, and 
173.132’’ and inserting ‘‘sections 171.8, 173.115, and 
173.132’’. 
(7) Section 20159 of title 49, United States Code, is 
amended by striking ‘‘the Secretary’’ and inserting ‘‘the 
Secretary of Transportation’’. 
(8) Section 20160 of title 49, United States Code, is 
amended— 
(A) in subsection (a)(1), by striking ‘‘or with’’ 
and inserting ‘‘with’’; and 
(B) in subsection (b)(1)(A), by striking ‘‘or 
with’’ and inserting ‘‘with’’. 
(9) Section 20162(a)(3) of title 49, United States Code, 
is amended by striking ‘‘railroad compliance with Federal 
standards’’ and inserting ‘‘railroad carrier compliance with 
Federal standards’’. 
(10) Section 20164(a) of title 49, United States Code, 
is amended by striking ‘‘after enactment of the Railroad 
Safety Enhancement Act of 2008’’ and inserting ‘‘after the 
enactment of the Rail Safety Improvement Act of 2008’’. 
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(11) Section 22106(b) of title 49, United States Code, 
is amended by striking ‘‘interest thereof’’ and inserting ‘‘in-
terest thereon’’. 
(12) The item relating to section 24316 in the chapter 
analysis for chapter 243 of title 49, United States Code, 
is amended by striking ‘‘to assist families of passengers’’ 
and inserting ‘‘to address needs of families of passengers’’. 
(b) TECHNICAL CORRECTIONS TO RAIL SAFETY IM-
PROVEMENT ACT OF 2008.—(1) The table of contents in sec-
tion 1(b) of the Rail Safety Improvement Act of 2008 is 
amended— 
(A) in the item relating to section 307, by strik-
ing ‘‘website’’ and inserting ‘‘Web site’’; 
(B) in the item relating to section 403, by strik-
ing ‘‘Track inspection time study’’ and inserting 
‘‘Study and rulemaking on track inspection time; 
rulemaking on concrete cross ties’’; 
(C) in the item relating to section 408, by strik-
ing ‘‘Conrail’’ and inserting ‘‘Consolidated Rail Cor-
poration’’; 
(D) in the item relating to title VI, by striking 
‘‘SOLID
WASTE
FACILITIES’’ and inserting ‘‘SOLID 
WASTE RAIL TRANSFER FACILITIES’’; and 
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(E) in the item relating to section 602 by strik-
ing ‘‘solid waste transfer facilities’’ and inserting 
‘‘solid waste rail transfer facilities’’. 
(2) Section 2(a)(1) of the Rail Safety Improvement Act 
of 2008 is amended by inserting a comma after ‘‘tracks at 
grade’’. 
(3) Section 102(a)(6) of the Rail Safety Improvement 
Act of 2008 is amended to read as follows: 
‘‘(6) Improving the safety of railroad bridges, 
tunnels, and related infrastructure to prevent acci-
dents, incidents, injuries, and fatalities caused by cat-
astrophic and other failures of such infrastructure.’’. 
(4) Section 206(a) of the Rail Safety Improvement Act 
of 2008 is amended by striking ‘‘Public Service Announce-
ments’’ and inserting ‘‘public service announcements’’. 
(5) Section 307 of the Rail Safety Improvement Act 
of 2008 is amended— 
(A) 
in 
the 
section 
heading, 
by 
striking 
‘‘WEBSITE’’ and inserting ‘‘WEB SITE’’; 
(B) in subsection (a), by striking ‘‘website’’ each 
place it appears and inserting ‘‘Web site’’; and 
(C) in subsection (b), by striking ‘‘website’s’’ and 
inserting ‘‘Web site’s’’. 
(6) Section 403 of the Rail Safety Improvement Act 
of 2008 is amended in the section heading by striking 
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816 
‘‘TRACK
INSPECTION
TIME
STUDY’’ and inserting 
‘‘STUDY AND RULEMAKING ON TRACK INSPECTION 
TIME; RULEMAKING ON CONCRETE CROSS TIES’’. 
(7) Section 405 of the Rail Safety Improvement Act 
of 2008 is amended— 
(A) in subsection (a), by striking ‘‘cell phones’’ 
and inserting ‘‘cellular telephones’’; and 
(B) in subsection (d), by striking ‘‘Secretary of 
Transportation’’ and inserting ‘‘Secretary’’. 
(8) Section 408 of the Rail Safety Improvement Act 
of 2008 is amended in the section heading by striking 
‘‘CONRAIL’’ and inserting ‘‘CONSOLIDATED RAIL COR-
PORATION’’. 
(9) Section 412 of the Rail Safety Improvement Act 
of 2008 is amended by striking ‘‘Secretary of Transpor-
tation’’ and inserting ‘‘Secretary’’. 
(10) Section 414 of the Rail Safety Improvement Act 
of 2008 is amended— 
(A) by striking ‘‘parts 171.8, 173.115,’’ and in-
serting ‘‘sections 171.8, 173.115,’’; and 
(B) by striking ‘‘part 1520.5’’ and inserting 
‘‘section 1520.5’’. 
(11) Section 416 of the Rail Safety Improvement Act 
of 2008 is amended— 
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818 
(14) The heading title VI of the Rail Safety Improve-
ment Act of 2008 is amended by striking ‘‘SOLID 
WASTE FACILITIES’’ 
and 
inserting 
‘‘SOLID 
WASTE RAIL TRANSFER FACILITIES’’. 
(15) The heading of section 602 of the Rail Safety Im-
provement Act of 2008 is amended by striking ‘‘SOLID 
WASTE TRANSFER FACILITIES’’ and inserting ‘‘SOLID 
WASTE RAIL TRANSFER FACILITIES’’. 
(c) TECHNICAL CORRECTIONS TO PROVISIONS OF THE 
UNITED STATES CODE ENACTED IN, OR AMENDED BY, THE 
PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT OF 
2008.— 
(1) ALTERNATE
PASSENGER
RAIL
SERVICE 
PILOT.—Section 24711 of title 49, United States 
Code, is amended— 
(A) in subsection (a)(1) by striking ‘‘a pe-
riod not to exceed 5 years after the date of enact-
ment of the Passenger Rail Investment and Im-
provement Act of 2008’’ and inserting ‘‘an oper-
ations period of 5 years, renewable for a second 
5-year operations period at the discretion of the 
Administrator’’; and 
(B) by inserting after subsection (e) the fol-
lowing new subsection: 
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‘‘(f) TRANSFER AUTHORITY.—The Secretary of Trans-
portation may provide directly to a winning bidder selected 
under this section any portion of appropriations for Am-
trak operations necessary to cover the operating subsidy de-
scribed in subsection (a)(5)(B).’’. 
(2) COMPETITIVE GRANT SELECTION AND CRI-
TERIA FOR GRANTS.—Section 26106(e)(2) of title 49, 
United States Code, is amended— 
(A) in subparagraph (A)(v), by striking 
‘‘that if an applicant has selected the proposed 
operator of its service, that the applicant pro-
vide’’, and inserting ‘‘that the applicant shall se-
lect the proposed operator of its service competi-
tively, and that the applicant shall provide’’; 
and 
(B) in subparagraph (B)(ii)— 
(i) by inserting ‘‘and’’ at the end of 
subclause (I); 
(ii) by inserting ‘‘and’’ at the end of 
subclause (II); and 
(iii) by striking subclauses (III) and 
(IV). 
(d) STATE-SUPPORTED ROUTES.—Section 209(c) of 
the Passenger Rail Investment and Improvement Act of 
2008 (Public Law 110–432, 122 Stat. 4918) is amended 
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820 
by striking ‘‘within 1 year after the Board’s determination’’ 
and inserting ‘‘by the first day of the first fiscal year begin-
ning at least 1 year after the Board’s determination’’. 
Subtitle H—Miscellaneous 
SEC. 8701. APPLICATION OF BUY AMERICA TO INTERCITY 
PASSENGER RAIL SERVICE CORRIDORS. 
Section 24405(a) of title 49, United States Code, is 
amended— 
(1) by striking paragraph (4) and redesignating 
paragraphs (5) through (11) as paragraphs (4) 
through (10), respectively; and 
(2) by adding at the end the following new para-
graphs: 
‘‘(11) The requirements of this subsection apply to all 
contracts for a project carried out within the scope of the 
applicable finding, determination, or decision under the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), regardless of the funding source of such con-
tracts, if at least one contract for the project is funded with 
amounts made available to carry out this title. 
‘‘(12) If the Secretary receives a request for a waiver 
under this subsection, the Secretary shall provide notice of 
and an opportunity for public comment on the request at 
least 30 days before making a finding based on the request. 
Such a notice shall include the information available to the 
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821 
Secretary concerning the request and shall be provided by 
electronic means, including on the official public Internet 
Web site of the Department of Transportation. If the Sec-
retary issues a waiver under this subsection, the Secretary 
shall publish in the Federal Register a detailed justification 
for the waiver that addresses the public comments received 
under this paragraph and shall ensure that such justifica-
tion is published before the waiver takes effect.’’. 
SEC. 8702. PROHIBITION ON USE OF FUNDS FOR CALI-
FORNIA HIGH-SPEED RAIL. 
No funds made available to carry out this Act or any 
amendment made by this Act may be used for high-speed 
rail in the State of California, for the California High- 
Speed Rail Authority, or for projects designed to further 
high-speed rail in the State of California. 
SEC. 8703. DISADVANTAGED BUSINESS ENTERPRISES. 
(a) AVAILABILITY OF FUNDS.—Except to the extent 
that the Secretary determines otherwise, not less than 10 
percent of the amounts made available for any capital grant 
program under the jurisdiction of the Federal Railroad Ad-
ministration shall be expended through small business con-
cerns owned and controlled by socially and economically 
disadvantaged individuals. 
(b) DEFINITIONS.—In this section, the following defi-
nitions apply: 
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822 
(1) SMALL
BUSINESS
CONCERN.—The term 
‘‘small business concern’’ has the meaning that term 
has under section 3 of the Small Business Act (15 
U.S.C. 632), except that the term shall not include 
any concern or group of concerns controlled by the 
same socially and economically disadvantaged indi-
vidual or individuals which has average annual gross 
receipts over the preceding 3 fiscal years in excess of 
$22,410,000, as adjusted annually by the Secretary of 
Transportation for inflation. 
(2) SOCIALLY
AND
ECONOMICALLY
DISADVAN-
TAGED
INDIVIDUALS.—The term ‘‘socially and eco-
nomically disadvantaged individuals’’ has the mean-
ing that term has under section 8(d) of the Small 
Business Act (15 U.S.C. 637(d)) and relevant subcon-
tracting regulations issued pursuant to that Act, ex-
cept that women shall be presumed to be socially and 
economically disadvantaged individuals for purposes 
of this section. 
(c) COMPLIANCE WITH COURT ORDERS.—Nothing in 
this subsection limits the eligibility of an entity or person 
to receive funds made available for any capital grant pro-
gram under the jurisdiction of the Federal Railroad Admin-
istration, if the entity or person is prevented, in whole or 
in part, from complying with subsection (a) because a Fed-
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823 
eral court issues a final order in which the court finds that 
the requirement of subsection (a), or the program estab-
lished under subsection (a), is unconstitutional. 
(d) PROGRAM IMPLEMENTATION.—This section shall 
be carried out by the Secretary and by States in a manner 
consistent with that by which the disadvantaged business 
enterprises program authorized by section 1101(c) of this 
Act is carried out. 
TITLE IX—HAZARDOUS 
MATERIAL TRANSPORTATION 
SEC. 9001. SHORT TITLE. 
This title may be cited as the ‘‘Hazardous Material 
Transportation Safety, Efficiency, and Accountability Act 
of 2012’’. 
SEC. 9002. AMENDMENT OF TITLE 49, UNITED STATES CODE. 
Except as otherwise provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amend-
ment to, or repeal of, a section or other provision, the ref-
erence shall be considered to be made to a section or other 
provision of title 49, United States Code. 
SEC. 9003. FINDINGS. 
Congress finds the following: 
(1) There are annually 2.2 billion tons of haz-
ardous material shipments by all modes across the 
United States totaling more than $1.4 trillion. 
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(2) The number of fatalities and serious injuries 
caused by the transportation of hazardous material 
has been historically low, averaging 4.2 fatalities per 
100 million shipments – meaning an American is 
about 4 times more likely to be killed by lightning 
than a hazardous material in transportation. In fis-
cal year 2010, there was the lowest number of haz-
ardous material incidents on record. 
(3) It is critical to the economic health of the 
Nation that the laws and regulations governing the 
transportation of hazardous material maintain a 
high level of safety, while balancing the need for eco-
nomic growth, innovation, competitiveness, and job 
creation. 
(4) The individuals involved in the transpor-
tation stream and the public benefit from a regu-
latory regime that is certain, uniform, cost-efficient, 
and science-based. 
(5) Because of the potential risks to life, prop-
erty, and the environment posed by an unintentional 
release of hazardous material, consistency and uni-
formity in laws and regulation regarding the trans-
portation of hazardous material is necessary and de-
sirable. 
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825 
SEC. 9004. PURPOSES. 
Section 5101 is amended by striking ‘‘that are inher-
ent’’. 
SEC. 9005. DEFINITIONS. 
(a) HAZMAT EMPLOYER.—Section 5102(4)(A)(i)(I) is 
amended by striking ‘‘or uses’’. 
(b) TRANSPORTS.—Section 5102(13) is amended to 
read as follows: 
‘‘(13) ‘transports’ or ‘transportation’— 
‘‘(A) means the movement of property and 
loading, unloading, handling, or storage inci-
dental to the movement; 
‘‘(B) includes all activities related to— 
‘‘(i) loading or unloading packaged or 
containerized hazardous material, such as 
portable tanks, cylinders, and intermediate 
bulk containers, onto a transport vehicle, 
rail car, aircraft, or vessel at its origin, 
during en route movement, or at its des-
tination; or 
‘‘(ii) loading or unloading a hazardous 
material into or from a bulk packaging 
with a capacity greater than 3,000 liters, 
such as a portable tank, cargo tank, or rail 
tank car, at its origin, during en route 
movement, or at its destination; and 
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826 
‘‘(C) includes storage of a hazardous mate-
rial from the time the hazardous material is 
loaded for purposes of movement until the haz-
ardous material is unloaded at its destination, 
including during en route movement.’’. 
SEC. 9006. GENERAL REGULATORY AUTHORITY. 
(a) REGULATIONS FOR SAFE TRANSPORTATION.—Sec-
tion 5103(b)(1)(A) is amended— 
(1) in clause (vi) by striking ‘‘or’’ at the end; 
(2) by redesignating clause (vii) as clause (viii); 
(3) by inserting after clause (vi) the following: 
‘‘(vii) provides hazardous material 
transportation emergency response informa-
tion services required or governed by regula-
tions prescribed under this chapter; or’’; 
and 
(4) in clause (viii) (as redesignated by para-
graph (2) of this section) by striking ‘‘(vi); and’’ and 
inserting ‘‘(vii);’’. 
(b) FITNESS DETERMINATIONS.— 
(1) IN GENERAL.—Section 5103(b)(1) is amend-
ed— 
(A) in subparagraph (B) by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(B) by adding at the end the following: 
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‘‘(C) shall govern the procedures and criteria 
used by the Secretary for determining the fitness of a 
person applying for an approval or a special permit 
under the regulations.’’. 
(2) REGULATION
REQUIRED.—In accordance 
with section 5103(b)(2) of title 49, United States 
Code, not later than 1 year after the date of enact-
ment of this Act, the Secretary of Transportation 
shall take all actions necessary to finalize a regula-
tion pursuant to section 5103(b)(1)(C) of such title. 
(c) IMPROVING REGULATIONS AND REGULATORY RE-
VIEW.— 
(1) IN GENERAL.—Section 5103(b) is amended 
by adding at the end the following: 
‘‘(3) Before any final regulation within the jurisdic-
tion of the Secretary is issued, the Secretary shall make all 
preliminary and final determinations based on evidence 
and consider, in addition to other applicable consider-
ations, the following: 
‘‘(A) The legal authority under which a rule 
may be proposed, including whether a rulemaking is 
required by statute, and if so, whether by a specific 
date, or whether the agency has discretion to com-
mence a rulemaking. 
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‘‘(B) Other statutory considerations applicable to 
whether the agency can or should propose a rule or 
undertake other agency action. 
‘‘(C) The specific nature and significance of the 
problem the agency may address with a rule (includ-
ing the degree and nature of risks the problem poses 
and the priority of addressing those risks compared to 
other matters or activities within the agency’s juris-
diction), whether the problem warrants new agency 
action, and the countervailing risks that may be 
posed by alternatives for new agency action. 
‘‘(D) Whether existing rules have created or con-
tributed to the problem the agency may address with 
a rule and whether those rules could be amended or 
rescinded to address the problem in whole or part. 
‘‘(E) The best reasonably obtainable scientific, 
technical, and other information related to the need 
for, and consequences of, the rule. 
‘‘(F) The potential costs and benefits, including 
direct, indirect, and cumulative costs and benefits 
and estimated impacts on jobs, economic growth, in-
novation, and economic competitiveness. 
‘‘(G) Means to increase the cost-effectiveness of 
any Federal response. 
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‘‘(4) to work with State enforcement personnel 
with information and training relating to the uni-
form enforcement of the regulations governing the 
transportation of hazardous material; or’’. 
SEC. 9017. SAFETY REPORTING. 
Section 5121(h) is amended— 
(1) in the heading by inserting ‘‘BIENNIAL’’ be-
fore ‘‘REPORT’’; 
(2) in the matter before paragraph (1) by strik-
ing ‘‘materials during’’ and inserting ‘‘material in 
all modes of transportation during’’; 
(3) by redesignating paragraphs (2) through (6) 
as paragraphs (3) through (7), respectively; 
(4) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) a summary of the hazardous material 
transported during the period covered by the report, 
set forth by the type and quantity of hazardous mate-
rial and by mode;’’; 
(5) in paragraph (4), as redesignated by para-
graph (3) of this section, by striking ‘‘permit’’ and 
inserting ‘‘permit issued’’; 
(6) in paragraph (5), as redesignated by para-
graph (3) of this section, by striking ‘‘activities’’ and 
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‘‘(H) $244,144,000 for fiscal year 2012.’’. 
(c) 
GRANT
PROGRAMS.—Section 
4101(c) 
of 
SAFETEA–LU (119 Stat. 1715) is amended— 
(1) 
in 
paragraph 
(1) 
by 
striking 
‘‘and 
$15,000,000 for the period beginning on October 1, 
2011, and ending on March 31, 2012.’’ and inserting 
‘‘and $30,000,000 for fiscal year 2012.’’; 
(2) in paragraph (2) by striking ‘‘2011 and 
$16,000,000 for the period beginning on October 1, 
2011, and ending on March 31, 2012.’’ and inserting 
‘‘2012.’’; 
(3) in paragraph (3) by striking ‘‘2011 and 
$2,500,000 for the period beginning on October 1, 
2011, and ending on March 31, 2012.’’ and inserting 
‘‘2012.’’; 
(4) in paragraph (4) by striking ‘‘2011 and 
$12,500,000 for the period beginning on October 1, 
2011, and ending on March 31, 2012.’’ and inserting 
‘‘2012.’’; and 
(5) in paragraph (5) by striking ‘‘2011 and 
$1,500,000 for the period beginning on October 1, 
2011, and ending on March 31, 2012.’’ and inserting 
‘‘2012.’’. 
(d) HIGH-PRIORITY ACTIVITIES.—Section 31104(k)(2) 
of title 49, United States Code, is amended by striking 
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