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


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

                               ----------                              

                              R E P O R T

                                 of the

             COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE

                             together with

                            DISSENTING VIEWS

                         [to accompany h.r. 7]




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

                                     


          AMERICAN ENERGY AND INFRASTRUCTURE JOBS ACT OF 2012

                               __________

                              R E P O R T

                                 of the

             COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE

                             together with

                            DISSENTING VIEWS

                         [to accompany h.r. 7]




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

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

          AMERICAN ENERGY AND INFRASTRUCTURE JOBS ACT OF 2012

                                _______
                                

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

                                _______
                                

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

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                         [To accompany H.R. 7]

      [Including cost estimate of the Congressional Budget Office]

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

                                CONTENTS

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                     TITLE I--FEDERAL-AID HIGHWAYS

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

                 Subtitle A--Authorization of Programs

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

                    Subtitle B--Innovative Financing

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

                       Subtitle C--Highway Safety

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

                      Subtitle D--Freight Mobility

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

          Subtitle E--Federal Lands and Tribal Transportation

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

           Subtitle F--Program Elimination and Consolidation

Sec. 1601. Program elimination and consolidation.

                       Subtitle G--Miscellaneous

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

                    TITLE II--PUBLIC TRANSPORTATION

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

                 TITLE III--ENVIRONMENTAL STREAMLINING

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

                   TITLE IV--TRANSPORTATION PLANNING

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

                        TITLE V--HIGHWAY SAFETY

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

               TITLE VI--COMMERCIAL MOTOR VEHICLE SAFETY

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

              Subtitle A--Authorization of Appropriations

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

                        Subtitle B--Registration

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

              Subtitle C--Commercial Motor Vehicle Safety

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

             Subtitle D--Commercial Motor Vehicle Operators

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

                    Subtitle E--Motor Carrier Safety

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

                       Subtitle F--Miscellaneous

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

                   TITLE VII--RESEARCH AND EDUCATION

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

                         TITLE VIII--RAILROADS

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

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

                       Subtitle B--Amtrak Reforms

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

               Subtitle C--Project Development and Review

Sec. 8201. Project development and review.

     Subtitle D--Railroad Rehabilitation and Improvement Financing

Sec. 8301. Railroad rehabilitation and improvement financing.

                   Subtitle E--Positive Train Control

Sec. 8401. Positive train control.

                     Subtitle F--Regulatory Reform

Sec. 8501. Federal Railroad Administration regulations.

                   Subtitle G--Technical Corrections

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

                       Subtitle H--Miscellaneous

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

              TITLE IX--HAZARDOUS MATERIAL TRANSPORTATION

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

                   TITLE X--WATERBORNE TRANSPORTATION

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

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

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

        TITLE XII--EXTENSION OF SURFACE TRANSPORTATION PROGRAMS

Sec. 12001. Short title; effective date.

                    Subtitle A--Federal-Aid Highways

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

            Subtitle B--Extension of Highway Safety Programs

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

               Subtitle C--Public Transportation Programs

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

            TITLE XIII--ADDITIONAL TRANSPORTATION PROVISIONS

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

SEC. 2. GENERAL DEFINITIONS.

  In titles I through XIII of this Act, the following definitions 
apply:
          (1) Department.--The term ``Department'' means the Department 
        of Transportation.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        Transportation.

SEC. 3. EFFECTIVE DATE.

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

                     TITLE I--FEDERAL-AID HIGHWAYS

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

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

                 Subtitle A--Authorization of Programs

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 1102. HIGHWAY OBLIGATION CEILING.

  (a) General Limitation.--Subject to subsection (f), and 
notwithstanding any other provision of law, the obligations for 
Federal-aid highway and highway safety construction programs authorized 
from the Highway Trust Fund (other than the Alternative Transportation 
Account) shall not exceed--
          (1) $37,366,000,000 for fiscal year 2013;
          (2) $37,621,000,000 for fiscal year 2014;
          (3) $37,676,000,000 for fiscal year 2015; and
          (4) $38,000,000,000 for fiscal year 2016.
  (b) Exceptions.--The limitations under subsection (a) shall not apply 
to obligations under or for--
          (1) section 125 of title 23, United States Code;
          (2) section 147 of the Surface Transportation Assistance Act 
        of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
          (3) section 9 of the Federal-Aid Highway Act of 1981 (Public 
        Law 97-134; 95 Stat. 1701);
          (4) subsections (b) and (j) of section 131 of the Surface 
        Transportation Assistance Act of 1982 (Public Law 97-424; 96 
        Stat. 2119);
          (5) subsections (b) and (c) of section 149 of the Surface 
        Transportation and Uniform Relocation Assistance Act of 1987 
        (Public Law 100-17; 101 Stat. 198);
          (6) sections 1103 through 1108 of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (Public Law 102-240; 105 
        Stat. 2027);
          (7) section 157 of title 23, United States Code (as in effect 
        on June 8, 1998);
          (8) section 105 of title 23, United States Code (as in effect 
        for fiscal years 1998 through 2004, but only in an amount equal 
        to $639,000,000 for each of those fiscal years);
          (9) Federal-aid highway programs for which obligation 
        authority was made available under the Transportation Equity 
        Act for the 21st Century (Public Law 105-178; 112 Stat. 107) or 
        subsequent public laws for multiple years or to remain 
        available until used, but only to the extent that the 
        obligation authority has not lapsed or been used;
          (10) section 105 of title 23, United States Code (as in 
        effect for fiscal years 2005 through 2012, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
          (11) section 1603 of SAFETEA-LU (Public Law 109-59; 119 Stat. 
        1248), to the extent that funds obligated in accordance with 
        that section were not subject to a limitation on obligations at 
        the time at which the funds were initially made available for 
        obligation; and
          (12) section 105 of title 23, United States Code (as in 
        effect for fiscal years 2013 through 2016, but only in an 
        amount equal to $639,000,000 for each of such fiscal years).
  (c) Distribution of Obligation Authority.--For each of fiscal years 
2013 through 2016, the Secretary--
          (1) shall not distribute obligation authority provided by 
        subsection (a) for the fiscal year for amounts authorized for 
        administrative expenses and programs by section 104(a) of title 
        23, United States Code;
          (2) shall not distribute an amount of obligation authority 
        provided by subsection (a) that is equal to the unobligated 
        balance of amounts made available for Federal-aid highway and 
        highway safety construction programs for previous fiscal years 
        the funds for which are allocated by the Secretary;
          (3) shall determine the ratio that--
                  (A) the obligation authority provided by subsection 
                (a) for the fiscal year, less the aggregate of amounts 
                not distributed under paragraphs (1) and (2); bears to
                  (B) the total of the sums authorized to be 
                appropriated for Federal-aid highway and highway safety 
                construction programs (other than sums authorized to be 
                appropriated for provisions of law described in 
                paragraphs (1) through (11) of subsection (b) and sums 
                authorized to be appropriated for section 105 of title 
                23, United States Code, equal to the amount referred to 
                in subsection (b)(12) for the fiscal year), less the 
                aggregate of amounts not distributed under paragraphs 
                (1) and (2);
          (4)(A) shall distribute the obligation authority provided by 
        subsection (a) less the aggregate of amounts not distributed 
        under paragraphs (1) and (2), for section 14501 of title 40, 
        United States Code, so that the amount of obligation authority 
        available for that section is equal to the amount determined by 
        multiplying--
                  (i) the ratio determined under paragraph (3); by
                  (ii) the sums authorized to be appropriated for that 
                section for the fiscal year; and
          (B) shall distribute $2,000,000,000 for section 105 of title 
        23, United States Code;
          (5) shall distribute among the States the obligation 
        authority provided by subsection (a), less the aggregate 
        amounts not distributed under paragraphs (1) and (2) and the 
        amounts distributed under paragraph (4), for each of the 
        programs that are allocated by the Secretary under this Act and 
        title 23, United States Code (other than to programs to which 
        paragraph (1) applies), by multiplying--
                  (A) the ratio determined under paragraph (3); by
                  (B) the amounts authorized to be appropriated for 
                each such program for the fiscal year; and
          (6) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate of amounts not distributed 
        under paragraphs (1) and (2) and the aggregate of amounts 
        distributed under paragraphs (4) and (5), for Federal-aid 
        highway and highway safety construction programs (other than 
        the amounts apportioned for the equity bonus program, but only 
        to the extent that the amounts apportioned for the equity bonus 
        program for the fiscal year are greater than $2,639,000,000, 
        and the Appalachian development highway system program) that 
        are apportioned by the Secretary under this Act and title 23, 
        United States Code, in the ratio that--
                  (A) amounts authorized to be appropriated for the 
                programs that are apportioned to each State for the 
                fiscal year; bear to
                  (B) the total of the amounts authorized to be 
                appropriated for the programs that are apportioned to 
                all States for the fiscal year.
  (d) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (c), the Secretary shall, after August 1 of each of fiscal 
years 2013 through 2016--
          (1) revise a distribution of the obligation authority made 
        available under subsection (c) if an amount distributed cannot 
        be obligated during that fiscal year; and
          (2) redistribute sufficient amounts to those States able to 
        obligate amounts in addition to those previously distributed 
        during that fiscal year, giving priority to those States having 
        large unobligated balances of funds apportioned under section 
        104 of title 23, United States Code, and section 144 of such 
        title (as in effect on the day before the date of enactment of 
        this Act).
  (e) Redistribution of Certain Authorized Funds.--
          (1) In general.--Not later than 30 days after the date of 
        distribution of obligation authority under subsection (c) for 
        each of fiscal years 2013 through 2016, the Secretary shall 
        distribute to the States any funds that--
                  (A) are authorized to be appropriated for the fiscal 
                year for Federal-aid highway programs; and
                  (B) the Secretary determines will not be allocated to 
                the States, and will not be available for obligation, 
                in the fiscal year due to the imposition of any 
                obligation limitation for the fiscal year.
          (2) Ratio.--Funds shall be distributed under paragraph (1) in 
        the same ratio as the distribution of obligation authority 
        under subsection (c)(6).
          (3) Availability.--Funds distributed under paragraph (1) 
        shall be available for any purpose described in section 133(b) 
        of title 23, United States Code.
  (f) Special Limitation Characteristics.--Obligation authority 
distributed for a fiscal year under subsection (c)(4) for the provision 
specified in subsection (c)(4) shall--
          (1) remain available until used for obligation of funds for 
        that provision; and
          (2) be in addition to the amount of any limitation imposed on 
        obligations for Federal-aid highway and highway safety 
        construction programs for future fiscal years.

SEC. 1103. ALTERNATIVE TRANSPORTATION ACCOUNT OBLIGATION CEILING.

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

SEC. 1104. APPORTIONMENT.

  Section 104 is amended to read as follows:

``Sec. 104. Apportionment

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

SEC. 1105. FEDERAL-AID SYSTEMS.

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

SEC. 1106. NATIONAL HIGHWAY SYSTEM PROGRAM.

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

``Sec. 119. National Highway System program

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

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

SEC. 1107. SURFACE TRANSPORTATION PROGRAM.

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

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

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

SEC. 1109. EQUITY BONUS PROGRAM.

  Section 105 is amended to read as follows:

``Sec. 105. Equity bonus program

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

SEC. 1110. PROJECT APPROVAL AND OVERSIGHT.

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

SEC. 1111. EMERGENCY RELIEF.

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

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

  Section 126 is amended to read as follows:

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

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

SEC. 1113. FERRY BOATS AND FERRY TERMINAL FACILITIES.

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

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

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

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

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

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

SEC. 1115. MINIMUM INVESTMENT IN HIGHWAY BRIDGES.

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

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

  (a) Definitions.--Section 164(a) is amended--
          (1) by striking paragraph (3);
          (2) by redesignating paragraphs (4) and (5) as paragraphs (3) 
        and (4), respectively; and
          (3) in paragraph (4), as so redesignated by paragraph (2) of 
        this subsection, by amending subparagraph (A) to read as 
        follows:
                  ``(A) receive--
                          ``(i) a suspension of all driving privileges 
                        for not less than 1 year; or
                          ``(ii) a suspension of unlimited driving 
                        privileges for 1 year with limited driving 
                        privileges permitted (subject to requirements 
                        established under State law) if an ignition 
                        interlock device is installed for not less than 
                        1 year on each motor vehicle owned or operated, 
                        or both, by the individual;''.
  (b) Transfer of Funds.--Section 164(b)(1)(A) is amended by striking 
``alcohol-impaired driving countermeasures'' and inserting ``projects 
and activities addressing impaired driving (as such term is defined in 
section 402(p)(11))''.

SEC. 1117. PUERTO RICO HIGHWAY PROGRAM.

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

SEC. 1118. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

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

SEC. 1119. REFERENCES TO MASS TRANSIT ACCOUNT.

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

                    Subtitle B--Innovative Financing

SEC. 1201. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION.

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

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

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

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

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

SEC. 1202. STATE INFRASTRUCTURE BANK PROGRAM.

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

SEC. 1203. STATE INFRASTRUCTURE BANK CAPITALIZATION.

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

``Sec. 611. State infrastructure bank capitalization

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

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

SEC. 1204. TOLLING.

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

SEC. 1205. HOV FACILITIES.

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

SEC. 1206. PUBLIC-PRIVATE PARTNERSHIPS.

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

                       Subtitle C--Highway Safety

SEC. 1301. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

  Section 148 is amended to read as follows:

``Sec. 148. Highway safety improvement program

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

SEC. 1302. RAILWAY-HIGHWAY CROSSINGS.

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

SEC. 1303. HIGHWAY WORKER SAFETY.

  (a) Positive Protective Measures.--Not later than 60 days after the 
date of enactment of this Act, the Secretary shall modify section 
630.1108(a) of title 23, Code of Federal Regulations, to ensure that--
          (1) at a minimum, positive protective measures are used to 
        separate workers on highway construction projects from 
        motorized traffic in all work zones where traffic is present 
        and where workers have no means of escape, including tunnels 
        and bridges, unless an engineering analysis determines such 
        measures are not necessary;
          (2) temporary longitudinal traffic barriers are used to 
        protect workers on highway construction projects in stationary 
        work zones lasting 2 weeks or more if traffic is present, the 
        traffic will be traveling at a speed of 45 miles per hour or 
        more, and the nature of the work requires workers to be within 
        1 lane-width from the edge of a live travel lane, unless--
                  (A) an engineering analysis determines such barriers 
                are not necessary; or
                  (B) the project is located--
                          (i) in a State with a population density of 
                        20 or fewer persons per square mile;
                          (ii) outside of an urbanized area; and
                          (iii) on a roadway with an annual average 
                        daily traffic load that is less than 100 
                        vehicles per hour; and
          (3) when positive protective measures are necessary for a 
        highway construction project, such measures are paid for on a 
        unit pay basis, unless doing so would create a conflict with 
        innovative contracting approaches, including a design-build 
        contract or a performance-based contract, under which the 
        contractor is paid to assume a certain risk allocation and 
        payment is generally made on a lump sum basis.
  (b) Apparel.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall modify regulations issued pursuant to 
section 1402 of SAFETEA-LU (23 U.S.C. 401 note)--
          (1) to allow fire services personnel, who are subject to the 
        regulations, to wear apparel meeting the high visibility 
        requirements set forth in NFPA 1971-2007 (Standard on 
        Protective Ensembles for Structural Fire Fighting and Proximity 
        Fire Fighting); and
          (2) to not require such personnel to wear apparel meeting 
        requirements set forth in ANSI/ISEA 107-2004.

                      Subtitle D--Freight Mobility

SEC. 1401. NATIONAL FREIGHT POLICY.

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

SEC. 1402. STATE FREIGHT ADVISORY COMMITTEES.

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

SEC. 1403. STATE FREIGHT PLANS.

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

SEC. 1404. TRUCKING PRODUCTIVITY.

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

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

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

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

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

          Subtitle E--Federal Lands and Tribal Transportation

SEC. 1501. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.

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

``Sec. 201. General provisions

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

``Sec. 202. Tribal transportation program

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

``Sec. 203. Federal lands transportation program

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

SEC. 1502. DEFINITIONS.

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

SEC. 1503. CONFORMING AMENDMENTS.

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

SEC. 1504. REPEALS; EFFECTIVE DATE.

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

SEC. 1505. CLERICAL AMENDMENT.

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

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

SEC. 1506. TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM.

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

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

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

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

           Subtitle F--Program Elimination and Consolidation

SEC. 1601. PROGRAM ELIMINATION AND CONSOLIDATION.

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

                       Subtitle G--Miscellaneous

SEC. 1701. TRANSPORTATION ENHANCEMENT ACTIVITY DEFINED.

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

SEC. 1702. PAVEMENT MARKINGS.

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

SEC. 1703. REST AREAS.

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

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

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

SEC. 1705. PATENTED OR PROPRIETARY ITEMS.

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

SEC. 1706. PREVENTIVE MAINTENANCE.

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

SEC. 1707. MAPPING.

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

SEC. 1708. FUNDING FLEXIBILITY FOR TRANSPORTATION EMERGENCIES.

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

``Sec. 330. Funding flexibility for transportation emergencies

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

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

SEC. 1709. BUDGET JUSTIFICATION.

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

``Sec. 310. Budget justification

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

``310. Budget justification.''.

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

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

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

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

SEC. 1712. RETROREFLECTIVITY.

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

SEC. 1713. ENGINEERING JUDGMENT.

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

SEC. 1714. EVACUATION ROUTES.

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

SEC. 1715. TRUCK PARKING.

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

SEC. 1716. USE OF CERTAIN ADMINISTRATIVE EXPENSES.

  (a) In General.--Out of the funds made available under section 104(a) 
of title 23, United States Code, the Secretary may use not to exceed a 
total of $2,000,000 each fiscal year--
          (1) to operate the national work zone safety information 
        clearinghouse authorized by section 358(b)(2) of the National 
        Highway System Designation Act of 1995 (23 U.S.C. 401 note; 109 
        Stat. 625);
          (2) to operate a public road safety clearinghouse under 
        section 1411(a) of SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 
        1234); and
          (3) to provide work zone safety grants under subsections (a) 
        and (b) of section 1409 of SAFETEA-LU (23 U.S.C. 401 note; 119 
        Stat. 1232).
  (b) Conforming Amendments.--
          (1) Roadway safety.--Section 1411(a) of SAFETEA-LU (23 U.S.C. 
        402 note; 119 Stat. 1234) is amended by striking paragraph (2) 
        and inserting the following:
          ``(2) Funding.--Funding for activities under this subsection 
        may be made available as described in section 1716(a) of the 
        American Energy and Infrastructure Jobs Act of 2012.''.
          (2) Work zone safety grants.--Section 1409 of SAFETEA-LU (23 
        U.S.C. 401 note; 119 Stat. 1232) is amended by striking 
        subsection (c)(1) and inserting the following:
          ``(1) In general.--Funding for activities under this section 
        may be made available as described in section 1716(a) of the 
        American Energy and Infrastructure Jobs Act of 2012.''.

SEC. 1717. TRANSPORTATION TRAINING AND EMPLOYMENT PROGRAMS.

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

SEC. 1718. ENGINEERING AND DESIGN SERVICES.

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

SEC. 1719. NOTICE OF CERTAIN GRANT AWARDS.

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

SEC. 1720. MISCELLANEOUS PARKING AMENDMENTS.

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

SEC. 1721. HIGHWAY BUY AMERICA PROVISIONS.

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

SEC. 1722. VETERANS PREFERENCE IN HIGHWAY CONSTRUCTION.

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

SEC. 1723. REAL-TIME RIDESHARING.

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

SEC. 1724. STATE AUTONOMY FOR CULVERT PIPE SELECTION.

  Not later than 180 days after the date of enactment of this Act, the 
Secretary shall modify section 635.411 of title 23, Code of Federal 
Regulations (as in effect on the date of enactment of this Act), to 
ensure that States have the autonomy to determine culvert and storm 
sewer material types to be included in the construction of a project on 
a Federal-aid highway.

SEC. 1725. EQUAL OPPORTUNITY ASSESSMENT.

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

                    TITLE II--PUBLIC TRANSPORTATION

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

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

SEC. 2002. DEFINITIONS.

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

SEC. 2003. PLANNING PROGRAMS.

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

SEC. 2004. PRIVATE ENTERPRISE PARTICIPATION.

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

SEC. 2005. URBANIZED AREA FORMULA GRANTS.

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

SEC. 2006. CAPITAL INVESTMENT GRANTS.

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

``Sec. 5309. Capital investment grants

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

``5309. Capital investment grants.''.

SEC. 2007. BUS AND BUS FACILITIES FORMULA GRANTS.

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

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

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

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

SEC. 2008. RURAL AREA FORMULA GRANTS.

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

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

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

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

SEC. 2009. TRANSIT RESEARCH.

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

``Sec. 5312. Transit research''.

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

``5312. Transit research.''.

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

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

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

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

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

SEC. 2011. TRAINING AND TECHNICAL ASSISTANCE PROGRAMS.

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

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

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

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

SEC. 2012. GENERAL PROVISIONS.

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

SEC. 2013. CONTRACT REQUIREMENTS.

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

SEC. 2014. VETERANS PREFERENCE IN TRANSIT CONSTRUCTION.

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

SEC. 2015. PRIVATE SECTOR PARTICIPATION.

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

``Sec. 5326. Private sector participation

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

``5326. Private sector participation.''.

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

SEC. 2016. PROJECT MANAGEMENT OVERSIGHT.

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

SEC. 2017. STATE SAFETY OVERSIGHT.

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

SEC. 2018. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS.

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

SEC. 2019. FIXED GUIDEWAY MODERNIZATION FORMULA GRANTS.

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

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

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

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

SEC. 2020. AUTHORIZATIONS.

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

``Sec. 5338. Authorizations

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

SEC. 2021. OBLIGATION LIMITS.

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

SEC. 2022. PROGRAM ELIMINATION AND CONSOLIDATION.

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

SEC. 2023. EVALUATION AND REPORT.

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

SEC. 2024. TRANSIT BUY AMERICA PROVISIONS.

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

                 TITLE III--ENVIRONMENTAL STREAMLINING

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

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

SEC. 3002. DECLARATION OF POLICY.

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

SEC. 3003. EXEMPTION IN EMERGENCIES.

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

SEC. 3004. ADVANCE ACQUISITION OF REAL PROPERTY INTERESTS.

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

SEC. 3005. STANDARDS.

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

SEC. 3006. LETTING OF CONTRACTS.

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

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

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

SEC. 3008. FUNDING THRESHOLD.

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

SEC. 3009. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING.

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

SEC. 3010. DISPOSAL OF HISTORIC PROPERTIES.

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

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

SEC. 3011. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.

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

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

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

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

SEC. 3012. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.

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

``Sec. 168. Development of programmatic mitigation plans

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

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

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

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

SEC. 3014. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.

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

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

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

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

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

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

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

SEC. 3016. STATE PERFORMANCE OF LEGAL SUFFICIENCY REVIEWS.

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

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

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

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

SEC. 3017. CATEGORICAL EXCLUSIONS.

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

SEC. 3018. ENVIRONMENTAL REVIEW PROCESS DEADLINE.

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

SEC. 3019. RELOCATION ASSISTANCE.

  (a) Alternative Relocation Payment Process.--
          (1) Establishment.--For the purpose of identifying 
        improvements in the timeliness of providing relocation 
        assistance to persons displaced as a result of Federal or 
        federally-assisted programs and projects, the Secretary shall 
        establish an alternative relocation payment process under which 
        payments to displaced persons eligible for relocation 
        assistance pursuant to the Uniform Relocation Assistance and 
        Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 
        et seq.), are calculated based on reasonable estimates and paid 
        in advance of the physical displacement of the displaced 
        person.
          (2) Payments.--
                  (A) Timing of payments.--Relocation assistance 
                payments may be provided to the displaced person at the 
                same time as payments of just compensation for real 
                property acquired for a program or project of the 
                State.
                  (B) Combined payment.--Payments for relocation and 
                just compensation may be combined into a single 
                unallocated amount.
          (3) Conditions for state use of alternative process.--
                  (A) In general.--After public notice and an 
                opportunity to comment, the Secretary shall adopt 
                criteria for States to use the alternative relocation 
                payment process established by the Secretary.
                  (B) Memorandum of agreement.--In order to use the 
                alternative relocation payment process, a State shall 
                enter into a memorandum of agreement with the Secretary 
                that includes provisions relating to--
                          (i) the selection of projects or programs 
                        within the State to which the alternative 
                        relocation payment process will be applied;
                          (ii) program and project-level monitoring;
                          (iii) performance measurement;
                          (iv) reporting requirements; and
                          (v) the circumstances under which the 
                        Secretary may terminate or suspend the 
                        authority of the State to use the alternative 
                        relocation payment process.
                  (C) Required information.--A State may use the 
                alternative relocation payment process only after the 
                displaced persons affected by a program or project--
                          (i) are informed in writing--
                                  (I) that the relocation payments the 
                                displaced persons receive under the 
                                alternative relocation payment process 
                                may be higher or lower than the amount 
                                that the displaced persons would have 
                                received under the standard relocation 
                                assistance process; and
                                  (II) of their right not to 
                                participate in the alternative 
                                relocation payment process; and
                          (ii) agree in writing to the alternative 
                        relocation payment process.
                  (D) Election not to participate.--The displacing 
                agency shall provide any displaced person who elects 
                not to participate in the alternative relocation 
                payment process with relocation assistance in 
                accordance with the Uniform Relocation Assistance and 
                Real Property Acquisition Policies Act of 1970 (42 
                U.S.C. 4601 et seq.).
          (4) Protections against inconsistent treatment.--If other 
        Federal agencies plan displacements in or adjacent to an area 
        of a project using the alternative relocation payment process 
        within the same time period as a project acquisition and 
        relocation action of the project, the Secretary shall adopt 
        measures to protect against inconsistent treatment of displaced 
        persons. Such measures may include a determination that the 
        alternative relocation payment process authority may not be 
        used on a specific project.
          (5) Report.--
                  (A) In general.--The Secretary shall submit to 
                Congress an annual report on the implementation of the 
                alternative relocation payment process.
                  (B) Contents.--The report shall include an evaluation 
                of the merits of the alternative relocation payment 
                process, including the effects of the alternative 
                relocation payment process on--
                          (i) displaced persons and the protections 
                        afforded to such persons by the Uniform 
                        Relocation Assistance and Real Property 
                        Acquisition Policies Act of 1970 (42 U.S.C. 
                        4601 et seq.);
                          (ii) the efficiency of the delivery of 
                        Federal-aid highway projects and overall 
                        effects on the Federal-aid highway program; and
                          (iii) the achievement of the purposes of the 
                        Uniform Relocation Assistance and Real Property 
                        Acquisition Policies Act of 1970 (42 U.S.C. 
                        4601 et seq.).
          (6) Limitation.--The alternative relocation payment process 
        under this section may be used only on projects funded under 
        title 23, United States Code, in cases in which the funds are 
        administered by the Federal Highway Administration.
          (7) NEPA applicability.--Notwithstanding any other provision 
        of law, the use of the alternative relocation payment process 
        established under this section on a project funded under title 
        23, United States Code, and administered by the Federal Highway 
        Administration is not a major Federal action requiring analysis 
        or approval under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.).
  (b) Uniform Relocation Assistance Act Amendments.--
          (1) Moving and related expenses.--Section 202 of the Uniform 
        Relocation Assistance and Real Property Acquisition Policies 
        Act of 1970 (42 U.S.C. 4622) is amended--
                  (A) in subsection (a)(4) by striking ``$10,000'' and 
                inserting ``$25,000, as adjusted by regulation, in 
                accordance with section 213(d)''; and
                  (B) in the second sentence of subsection (c) by 
                striking ``$20,000'' and inserting ``$40,000, as 
                adjusted by regulation, in accordance with section 
                213(d)''.
          (2) Replacement housing for homeowners.--The first sentence 
        of section 203(a)(1) of the Uniform Relocation Assistance and 
        Real Property Acquisition Policies Act of 1970 (42 U.S.C. 
        4623(a)(1)) is amended by--
                  (A) striking ``$22,500'' and inserting ``$31,000, as 
                adjusted by regulation, in accordance with section 
                213(d),''; and
                  (B) striking ``one hundred and eighty days prior to'' 
                and inserting ``90 days before''.
          (3) Replacement housing for tenants and certain others.--
        Section 204 of the Uniform Relocation Assistance and Real 
        Property Acquisition Policies Act of 1970 (42 U.S.C. 4624) is 
        amended--
                  (A) in the second sentence of subsection (a) by 
                striking ``$5,250'' and inserting ``$7,200, as adjusted 
                by regulation, in accordance with section 213(d)''; and
                  (B) in the second sentence of subsection (b) by 
                striking ``, except'' and all that follows through the 
                end of the subsection and inserting a period.
          (4) Duties of lead agency.--Section 213 of the Uniform 
        Relocation Assistance and Real Property Acquisition Policies 
        Act of 1970 (42 U.S.C. 4633) is amended--
                  (A) in subsection (b)--
                          (i) in paragraph (2) by striking ``and'';
                          (ii) in paragraph (3) by striking the period 
                        and inserting ``; and''; and
                          (iii) by adding at the end the following:
          ``(4) that each Federal agency that has programs or projects 
        requiring the acquisition of real property or causing a 
        displacement from real property subject to the provisions of 
        this Act shall provide to the lead agency an annual summary 
        report that describes the activities conducted by the Federal 
        agency.''; and
                  (B) by adding at the end the following:
  ``(d) Adjustment of Payments.--The head of the lead agency may 
adjust, by regulation, the amounts of relocation payments provided 
under sections 202(a)(4), 202(c), 203(a), and 204(a) if the head of the 
lead agency determines that cost of living, inflation, or other factors 
indicate that the payments should be adjusted to meet the policy 
objectives of this Act.''.
          (5) Agency coordination.--Title II of the Uniform Relocation 
        Assistance and Real Property Acquisition Policies Act of 1970 
        (42 U.S.C. 4601 et seq.) is amended by inserting after section 
        213 (42 U.S.C. 4633) the following:

``SEC. 214. AGENCY COORDINATION.

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

                   TITLE IV--TRANSPORTATION PLANNING

SEC. 4001. TRANSPORTATION PLANNING.

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

                 ``CHAPTER 52--TRANSPORTATION PLANNING

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

``Sec. 5201. Policy

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

``Sec. 5202. Definitions

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

``Sec. 5203. Metropolitan transportation planning

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

``Sec. 5204. Statewide transportation planning

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

``Sec. 5205. National strategic transportation plan

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

``Sec. 5206. National performance management system

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

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

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

``Sec. 134. Metropolitan transportation planning

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

``Sec. 5303. Metropolitan transportation planning

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

``Sec. 135. Statewide transportation planning

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

``Sec. 5304. Statewide transportation planning

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

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

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

SEC. 4003. FINANCIAL PLANS.

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

SEC. 4004. PLAN UPDATE.

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

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

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

SEC. 4006. NATIONAL ACADEMY OF SCIENCES STUDY.

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

SEC. 4007. CONGESTION RELIEF.

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

                        TITLE V--HIGHWAY SAFETY

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

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

SEC. 5002. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 5003. HIGHWAY SAFETY PROGRAMS.

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

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

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

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

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

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

SEC. 5005. REPEAL OF PROGRAMS.

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

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

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

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

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

SEC. 5008. NATIONAL DRIVER REGISTER.

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

               TITLE VI--COMMERCIAL MOTOR VEHICLE SAFETY

SEC. 6001. SHORT TITLE.

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

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

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

              Subtitle A--Authorization of Appropriations

SEC. 6101. MOTOR CARRIER SAFETY GRANTS.

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

SEC. 6102. GRANT PROGRAMS.

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

                        Subtitle B--Registration

SEC. 6201. REGISTRATION REQUIREMENTS.

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

``Sec. 13901. Requirement for registration

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

``Sec. 13909. Availability of information

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

``13909. Availability of information.''.

SEC. 6202. MOTOR CARRIER REGISTRATION.

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

SEC. 6203. REGISTRATION OF FREIGHT FORWARDERS AND BROKERS.

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

``Sec. 13903. Registration of freight forwarders

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

``Sec. 13904. Registration of brokers

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

SEC. 6204. EFFECTIVE PERIODS OF REGISTRATION.

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

SEC. 6205. REINCARNATED CARRIERS.

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

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

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

SEC. 6207. REGISTRATION FEE SYSTEM.

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

SEC. 6208. UNLAWFUL BROKERAGE ACTIVITIES.

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

``Sec. 14916. Unlawful brokerage activities

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

``14916. Unlawful brokerage activities.''.

SEC. 6209. REQUIREMENT FOR REGISTRATION AND USDOT NUMBER.

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

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

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

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

              Subtitle C--Commercial Motor Vehicle Safety

SEC. 6301. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.

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

``Sec. 31102. Motor carrier safety assistance program

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

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

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

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

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

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

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

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

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

SEC. 6304. COMMERCIAL MOTOR VEHICLE SAFETY INSPECTION PROGRAMS.

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

SEC. 6305. AMENDMENTS TO SAFETY FITNESS DETERMINATION.

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

SEC. 6306. NEW ENTRANT CARRIERS.

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

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

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

SEC. 6308. DRIVER MEDICAL QUALIFICATIONS.

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

SEC. 6309. COMMERCIAL MOTOR VEHICLE SAFETY STANDARDS.

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

SEC. 6310. CRASH AVOIDANCE TECHNOLOGY.

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

SEC. 6311. EXPANSION OF COLLISION MITIGATION STUDY.

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

             Subtitle D--Commercial Motor Vehicle Operators

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

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

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

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

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

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

SEC. 6402. COMMERCIAL MOTOR VEHICLE OPERATOR TRAINING.

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

SEC. 6403. COMMERCIAL DRIVER'S LICENSE PROGRAM.

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

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

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

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

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

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

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

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

                    Subtitle E--Motor Carrier Safety

SEC. 6501. MOTOR CARRIER TRANSPORTATION.

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

SEC. 6502. HOURS OF SERVICE STUDY.

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

SEC. 6503. ELECTRONIC LOGGING DEVICES.

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

SEC. 6504. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

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

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

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

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

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

                       Subtitle F--Miscellaneous

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

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

SEC. 6602. TECHNICAL CORRECTION.

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

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

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

SEC. 6604. REPORT ON SMALL TRUCKING COMPANIES.

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

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

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

SEC. 6606. TRANSPORTATION OF HORSES.

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

SEC. 6607. REGULATORY REVIEW AND REVISION.

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

SEC. 6608. ISSUANCE OF SAFETY REGULATIONS.

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

SEC. 6609. REPEALS.

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

                   TITLE VII--RESEARCH AND EDUCATION

SEC. 7001. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 7002. OBLIGATION CEILING.

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

SEC. 7003. DEFINITIONS.

  Section 501 of title 23, United States Code, is amended--
          (1) by redesignating paragraph (2) as paragraph (7);
          (2) by redesignating paragraph (1) as paragraph (2);
          (3) by inserting before paragraph (2) (as so redesignated) 
        the following:
          ``(1) Connected vehicle technology.--The term `connected 
        vehicle technology' means the utilization of wireless 
        technology to enable multiple vehicles to communicate 
        information to each other.''; and
          (4) by inserting after paragraph (2) (as so redesignated) the 
        following:
          ``(3) Incident.--The term `incident' means a crash, natural 
        disaster, workzone activity, special event, or other emergency 
        road user occurrence that adversely affects or impedes the 
        normal flow of traffic.
          ``(4) Intelligent transportation infrastructure.--The term 
        `intelligent transportation infrastructure' means fully 
        integrated public sector intelligent transportation system 
        components, as defined by the Secretary.
          ``(5) Intelligent transportation system.--The term 
        `intelligent transportation system' means electronics, 
        photonics, communications, or information processing used 
        singly or in combination to improve the efficiency or safety of 
        a surface transportation system.
          ``(6) National architecture.--The term `national 
        architecture' means the common framework for interoperability 
        that defines--
                  ``(A) the functions associated with intelligent 
                transportation system user services;
                  ``(B) the physical entities or subsystems within 
                which the functions reside;
                  ``(C) the data interfaces and information flows 
                between physical subsystems; and
                  ``(D) the communications requirements associated with 
                the information flows.''.

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

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

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

SEC. 7005. RESEARCH AND DEVELOPMENT.

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

``Sec. 503. Research and development

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

``503. Research and development.''.

SEC. 7006. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.

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

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

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

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

SEC. 7007. TRAINING AND EDUCATION.

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

SEC. 7008. STATE PLANNING AND RESEARCH.

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

SEC. 7009. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH PROGRAM.

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

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

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

SEC. 7011. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC PLANNING.

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

SEC. 7012. NATIONAL COOPERATIVE FREIGHT TRANSPORTATION RESEARCH 
                    PROGRAM.

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

SEC. 7013. FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM.

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

SEC. 7014. NATIONAL INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM PLAN.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 7018. INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH AND DEVELOPMENT.

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

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

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

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

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

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

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

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

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

SEC. 7020. NATIONAL UNIVERSITY TRANSPORTATION CENTERS.

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

SEC. 7021. UNIVERSITY TRANSPORTATION RESEARCH.

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

SEC. 7022. BUREAU OF TRANSPORTATION STATISTICS.

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

SEC. 7023. ADMINISTRATIVE AUTHORITY.

  Section 112 of title 49, United States Code, is amended by adding at 
the end the following:
  ``(f) Program Evaluation and Oversight.--For each of fiscal years 
2013 through 2016, the Administrator may expend not more than 1 \1/2\ 
percent of the amounts authorized to be appropriated for the 
administration and operation of the Research and Innovative Technology 
Administration to carry out the coordination, evaluation, and oversight 
of the programs administered by the Administration.
  ``(g) Collaborative Research and Development.--
          ``(1) In general.--To encourage innovative solutions to 
        multimodal transportation problems and stimulate the deployment 
        of new technology, the Administrator may carry out, on a cost-
        shared basis, collaborative research and development with--
                  ``(A) non-Federal entities, including State and local 
                governments, foreign governments, institutions of 
                higher education, corporations, institutions, 
                partnerships, sole proprietorships, and trade 
                associations that are incorporated or established under 
                the laws of any State;
                  ``(B) Federal laboratories; and
                  ``(C) other Federal agencies.
          ``(2) Cooperation, grants, contracts, and agreements.--
        Notwithstanding any other provision of law, the Administrator 
        may directly initiate contracts, grants, cooperative research 
        and development agreements (as defined in section 12 of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a)), and other agreements to fund, and accept funds from, 
        the Transportation Research Board of the National Research 
        Council of the National Academy of Sciences, State departments 
        of transportation, cities, counties, institutions of higher 
        education, associations, and the agents of those entities to 
        carry out joint transportation research and technology efforts.
          ``(3) Federal share.--
                  ``(A) In general.--Subject to subparagraph (B), the 
                Federal share of the cost of an activity carried out 
                under paragraph (2) shall not exceed 50 percent.
                  ``(B) Exception.--If the Secretary determines that 
                the activity is of substantial public interest or 
                benefit, the Secretary may approve a greater Federal 
                share.
                  ``(C) Non-federal share.--All costs directly incurred 
                by the non-Federal partners, including personnel, 
                travel, facility, and hardware development costs, shall 
                be credited toward the non-Federal share of the cost of 
                an activity described in subparagraph (A).
          ``(4) Use of technology.--The research, development, or use 
        of a technology under a contract, grant, cooperative research 
        and development agreement, or other agreement entered into 
        under this subsection, including the terms under which the 
        technology may be licensed and the resulting royalties may be 
        distributed, shall be subject to the Stevenson-Wydler 
        Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).''.

SEC. 7024. TECHNICAL AND CONFORMING AMENDMENTS.

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

                         TITLE VIII--RAILROADS

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

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

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

SEC. 8002. CONGESTION GRANTS.

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

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

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

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

                       Subtitle B--Amtrak Reforms

SEC. 8101. AUTHORIZATION FOR AMTRAK OPERATING EXPENSES.

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

SEC. 8102. LIMITATIONS ON AMTRAK AUTHORITY.

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

SEC. 8103. APPLICABILITY OF LAWS.

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

SEC. 8104. INSPECTOR GENERAL OF AMTRAK.

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

``Sec. 24317. Inspector General

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

``24317. Inspector General.''.

SEC. 8105. AMTRAK MANAGEMENT ACCOUNTABILITY.

  Section 24310 is amended to read as follows:

``Sec. 24310. Management accountability

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

SEC. 8106. AMTRAK FOOD AND BEVERAGE SERVICE.

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

SEC. 8107. APPLICATION OF BUY AMERICA TO AMTRAK.

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

               Subtitle C--Project Development and Review

SEC. 8201. PROJECT DEVELOPMENT AND REVIEW.

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

             ``CHAPTER 229--PROJECT DEVELOPMENT AND REVIEW

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

``Sec. 22901. Applicability

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

``Sec. 22902. Definitions

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

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

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

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

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

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

  ``(a) Establishment.--
          ``(1) In general.--The Secretary shall establish a program to 
        eliminate duplicative environmental reviews and approvals under 
        State and Federal law of rail projects. Under this program, a 
        State may use State laws and procedures to conduct reviews and 
        make approvals in lieu of Federal environmental laws and 
        regulations, consistent with the provisions of this section.
          ``(2) Participating states.--All States are eligible to 
        participate in the program.
          ``(3) Scope of alternative review and approval procedures.--
        For purposes of this section, alternative environmental review 
        and approval procedures may include one or more of the 
        following:
                  ``(A) Substitution of one or more State environmental 
                laws for one or more Federal environmental laws, if the 
                Secretary determines in accordance with this section 
                that the State environmental laws provide environmental 
                protection and opportunities for public involvement 
                that are substantially equivalent to the applicable 
                Federal environmental laws.
                  ``(B) Substitution of one or more State regulations 
                for Federal regulations implementing one or more 
                Federal environmental laws, if the Secretary determines 
                in accordance with this section that the State 
                regulations provide environmental protection and 
                opportunities for public involvement that are 
                substantially equivalent to the Federal regulations.
  ``(b) Application.--To participate in the program, a State shall 
submit to the Secretary an application containing such information as 
the Secretary may require, including--
          ``(1) a full and complete description of the proposed 
        alternative environmental review and approval procedures of the 
        State;
          ``(2) for each State law or regulation included in the 
        proposed alternative environmental review and approval 
        procedures of the State, an explanation of the basis for 
        concluding that the law or regulation meets the requirements 
        under subsection (a)(3); and
          ``(3) evidence of having sought, received, and addressed 
        comments on the proposed application from the public and 
        appropriate Federal environmental resource agencies.
  ``(c) Review of Application.--The Secretary shall--
          ``(1) review an application submitted under subsection (b);
          ``(2) approve or disapprove the application in accordance 
        with subsection (d) not later than 90 days after the date of 
        the receipt of the application; and
          ``(3) transmit to the State notice of the approval or 
        disapproval, together with a statement of the reasons for the 
        approval or disapproval.
  ``(d) Approval of State Programs.--
          ``(1) In general.--The Secretary shal